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Home My WebLink About86-0508 Vitale Fireworks A-1 g6-050$ AGREEMENT This contract entered into this 8th day of May , 1986, by and between Vitale Fireworks Display Co., Inc. of New Castle, Pennsylvania party of the first part, and the CITY OF ELGIN, ILLINOIS, a municipal corporation, party of the second part, WITNESSETH: (I) Party of the first part for and in consideration of One Dollar each to the other in hand paid and receipt of which is hereby acknowledged, and of the terms hereinafter mentioned, agrees to furnish to the party of the second part one fireworks display, as per the enclosed selected program submitted and accepted and made a part hereof, including the services of the party of the first part's expert operators to take charge of and fire display . . . under the supervision and direction of the party of the second part, said display . . . to be given on the evening of July Fourth, 1986-- night, weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein, the fireworks display will be given on the next clear night of the party of the second part's choosing. (2) The party of the First Part: agrees to furnish all necessary firework display materials and personnel for a fireworks display in accordance with the program approved by the parties. (3) The party of the First Part will provide adequate public liability, property damage and Workmen's Compensation insurance and agrees to indemnify the CITY OF ELGIN, ILLINOIS, against any claims which may arise by reason of any act performed by, or omission of, the party of the First Part. or any of its personnel. A certificate of $1,000,000.00 (One Million Dollars) in insurance liability coverage will be presented to the party of the second part by the party of the first part prior to the giving of this fireworks display. A-2 (4) It is further agreed that the party of the second part is to pay the party of the first part the sum of $Six-Thousand Dollars ($6,000.00) as follows: to be paid anytime within thirty (30) days after the fireworks display has been satisfac- torily presented by the party of the first part for the party of the second part. (5) Additionally, it is agreed that the shells provided for this fireworks display by the party of the first part shall be live and viable and that no more than 2% (two percent) of the total number of shells in the display, not including the finale, will be acceptable as duds . . . it being understood that the CITY OF ELGIN shall deduct $20.00 (Twenty Dollars) per shell from the contract price for each dud in excess of the 2% (two percent) allowable. The parties agree that a dud shell shall be any shell that does not explode in the air to produce the desired result, explodes prematurely in the tube, or does not reach normal altitude for its size before exploding and that the CITY OF ELGIN, party of the second part, shall be the sole judge of which shells are duds. (6) The party of the First Part agrees it shall be responsible for obtaining all necessary permits and licenses. (7) It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. (8) The parties hereto do mutually and severally guarantee terms, condi- tions, and payments of this contract, these article,to be binding upon the parties, them- selves, their heirs, executors, administrators, successors and assigns. SIGNED THIS 8th DAY OF May , 198 6. CITY OF ELGIN VITALE FIREWORKS DIS AY CO. B By: FIREWORKS DISPLAY CO., INC. P.O.BOX 1753,NEW CASTLE,PENNSYLVANIA 16103 May 8, 1986 Mr. Phil Bennett Public Property & Recreation Director City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mr. Bennett: We are pleased to submit the enclosed bid/quotation in response to your solicitation. The enclosed program has incorporated all the key areas as per your specifications. I have tried to develop the best entertainment value for you in this program. We have included both American-Made Vitale special effect material, as wellas the interesting and colorful imported shells. The proposal consists of our company's complete contract program, which includes all material, equipment to fire the display, $1 million liability insurance coverage (see enclosed copy), and our trained pyrotechnicians to fire the display. There is no additional charge for a next-clear night raindate. Upon award of the contract we will supply an original certificate of insurance. I have also enclosed a partial list of references for your review. Please feel free to contact any of these individuals. If you have any questions, please feel free to call me anytime at 800/245-0359. We are looking forward to the opportunity and challenge of providing an outstanding "fireworks entertainment" program for the City of Elgin. We await your decision! Sincerely, VITALE FIREWOR DISPLAY CO., INC. Grego . . Adams Sales epresentative GLA/mmb Enclosures A family tradition of firework experience since 1889 FACTORY•OFFICE .�'"°'' OFFICE AND DAY PHONE 302 WILSON ROAD "• , (412)654-9841 • • CITY OF ELGIN Page 1 FOURTH OF JULY FIREWORKS PROPOSAL Proposed Number of Shells 0.• 2 Inch Domestic Single Break Shells 0 2 Inch Domestic Multiple Break Shells 0 2 Inch Oriental Single Break Shells 0 2 Inch Oriental Multiple Break Shells 2" Sub total : 0 35 3 Inch Domestic Single Break Shells 35 3 Inch Domestic Multiple Break Shells 35 3 Inch Oriental Single Break Shells 40 3 Inch Oriental Multiple Break Shells 3" Sub total : 145 15 4 Inch Domestic Single Break Shells 15 4 Inch Domestic Multiple Break Shells 15 4 Inch Oriental Single Break Shells 17 4 Inch Oriental Multiple Break Shells 4" Sub total: 62 17 5 Inch Domestic Single Break Shells 17 5 Inch Domestic Multiple Break Shells 17 5 Inch Oriental Single Break Shells 20 5 Inch Oriental Multiple Break Shells 5" Sub total : 71 8 6 Inch Domestic Single Break Shells 8 6 Inch Domestic Multiple Break Shells 6 Inch Oriental Single Break Shells 7 6 Inch Oriental Multiple Break Shells 31 6" Sub total : . Page 2 4 8 Inch Domestic Single Break Shells 4 8 Inch Domestic Multiple Break Shells 4 8 Inch Oriental Single Break Shells 3 8 Inch Oriental Multiple Break Shells • 8" Sub total : 15 3 10 Inch Domestic Single Break Shells 7 10 Inch Domestic Multiple Break Shells 1 10 Inch Oriental Single Break Shells 1 10 Inch Oriental Multiple Break Shells 10" Sub total : 12 2 12 Inch Domestic Single Break Shells 1 12 Inch Domestic Multiple Break Shells 1 12 Inch Oriental Single Break Shells 1 12 Inch Oriental Multiple Break Shells 12" Sub total : 5 TOTAL ALL SHELLS: 341 List below the size, number, and type of shells you propose for the finale. (Use additional sheet if necessary) FINALE 300 - 3" Assorted Color Star Shells & Flash/Titanium Salutes 6 - 4" Imported High Caliber Shells 4 - 5" Imported High Caliber Shells 2 - 7" Imported High Caliber Shells 2 - 8" Imported High Caliber Shells *(To meet and explode simultaneously 1 - 10" Imported High Caliber Shell in the.sky.) 2 - 12" p tQd High Caliber Shells Signature & Title: (Mrs.) a Jo Rossman, Corporate Secretary Company: Vitale Fireworks Display Co., Inc. Address: P.O. Box 1753, New Castle, PA 16103 Phone Number: 800/245-0359 Total Program Cost $ 6,000.00 . . . . ' ALLIEX) SPECIALTY INSURANCE, INC* P.O. BOX 40250 * ST. PETERSBURG, FLORIDA 33743 Toii Free 1-800-237-3355 Nat \ onai 1-800-282-6776 Fiorida Poiicy No! 6AG20197 Cevtif \cate No . 1288 CERTIFICATE OF INSURANCE This is to certify that poiicies in the name oft | | | } Named Vit.*Le Fireworks Dispiay Add \ fionai City of Elgin, IL Insured U�mmpany° Inc° Insured And ' Address | } | | are in force at the date hereof , as foiiows: Kind of-TOW00----HTTE--Umbers --OTTE--P&TA LAM----- ---- - --------------- -- ---- FIREWORKS DISPLAY 6AG20197 Eff : 04/01/86 $0000000 CSL* LIABILITY INSURANCE Exp: 04/01/87 COMPAMYt American Coiumbus --_---------------- ------- ---------------- EXCESS FIREWORKS Eff ; DISPLAY LIABILITY Exp: INSURANCE COMPANY: -----_-__---------- ---------=------ _- __ -- -- - COMPANY: I Eff : ' I Expt -_---- ------��----------- l---- ----_-1----__-_-------- i *CSL - COMBINED SINGLE LIMIT In the event of any materiai change in, or canceiiation of ; said poiicies, the undersigned wiii endeavor to give written notice to the party to whom this certificate is issued^ but faiiure to give such notice shaii impose no obiieation or iiabiiify upon the company. CERTIFICATE ISSUED TOt DATE OF DISPLAY July 4, 1986 NAME AND City of Elgin RAIN DATE next clear night ADDRESS 150 Dexter Court DISPLAY AMOUNT Elgin, IL HAW444 60120-5555 LOCATION OF DISPLAY Grounds of Spartan Meadows Course, Elgin, IL This certificate neither affirmativeiy nor negativeiv amendst extends or aiters the coverage afforded by any poiic>r described herein. NOTE: In event rain or inciement weather prohibits this dispiav' cuverage wiii appiy on a subsequent date on which dispiav is heid , within the terms of this contract . Cieanup and poi \c / nq of the dispiap are the responsib / iity of the Sponsors. The foiiowinq Are additionai insureds/ Any fair or exposition, association, sponsoring organization or committee, the owner or Lessee of any premises used by the named assured, or any pubiic authority granting a permit to the named assured, but onix as respects accidents ar /siny out of the business operations of the primary assured., Aiso, as additionai named insured any independent contractor who fires the dispiay on behaif of the assured. _1 �