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Home My WebLink About2009-044 - Tourism Wald & CoBILL N0.2009- 44 ORDINANCE N0.2009-44 AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO PAY CERTAIN TOURISM FUNDS TO WALD & CO, INC. WHEREAS, Wald & Co, Inc. has submitted a proposal to the City for services as part of an event approved by the Riverside Tourism Commission (the "Event"); and WHEREAS, the Tourism Commissions determined that the Event serves the public purpose of promoting tourism, and the City has the capability and desire to provide funds for the Event through the Tourism Tax Fund. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into an agreement with Wald & Co, Inc. to be substantially in the form attached hereto as Exhibit A, and the Mayor and City Clerk are authorized and directed to execute the agreement, execution of such document being conclusive proof of such approval. Section 2. The City of Riverside shall pay to Wald & Co, Inc. the sum of Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00), which funds shall be provided from the City's Tourism Tax Fund, to assist in the Event. Section 3. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 4. This Ordinance shall take effect immediately. Passed this ~ day of 2009. ayor Kathleen L. Rose ATTEST: C' Cierk Wald & CO., Inc. d/b/a All American Display Fireworks PO Box 319, Greenwood, Missouri 64034-0319 Phone:816-537-7400 Fax:816-537-7270 This agreeren[ entered inro this lU day of Ma~-~ by and between Wald & Co., Inc. of Greenwood, i~fissotui, doing business as All American Display Fireworks, (hereinafter referred to as 'All American") party of the first part, and Citv of Riverside (hereinafter referred to as "Cttsmmet+°) party of the second par4 City of Riverside and Staxe of Missouri WITNESSED: All American, for and in consideration of the mm of one dollar ($1.00) in hand paid, receipt of which is hereby acknowledged and of terms and conditions heteinafcer set forth, agrees ro furnish Customer Proposal dated 2-27-09 fireworks display in accordance with the program agreed upon and approved by the patties hereto and made a part hereof, (hereinafter referred to as "Displal~°) with said Display to be performed on 620/2009 In tht event of inclement wgdter, adverse conditions, lifelsafety issues, of some other cause beyond All Americana control that would prevent the giving of Display on specified dace, All American, at it's sole discretion, may cancel or postpone the Display for that dale, due ro said coaditima. Unless a reschedule dale is agreed upon prior, it is agreed and understood that Customer may reschedule Display within 180 days of the original display dare and that Customer must notify All American at least 30 days in advance of proposed rescheduled date. Rescheduled Display date must 6c mutually agreed upon by All American and Cusmmer. If the rescheduled date falls within the 30 days following original Dlapley date, the 30-day notice can be suspended, but date must be murually agreed upon 6yA11 American and Cusmmer. If Customer dots not reschedule ro a mutually agreed upon date within the 180 day period following original display date, or completely cancels the Display, the Cusmmer understands sad agrees to pay All American o_~_% of the $ et a rtnne n- mntracc price of Display.If the displ><y is postponed anti[ 6-21-09, City will provide overnight security of display site All American agrees to provide services, secure permits and delivu fireworks as proposed. All Ameripa reserves the right w make necessary subsdrutions with product equal to or greater in value. Cusmmer shall famish: 1. Sufficient minimum secured safety distances in the judgement of All American for proper shooting of Display 2. Necessary police protection and/or adequate security and a method to main[ain and assure that spectazors not go past the minimum secured safety distances determined by All American. Cancellation or postponement of Display due to breach of said minimum secured safety dis[ances would not constitute a breach of contract by All American 3.Ocher reasonable safeguards and precautions as All American directs or deems necessary 4. Provide unobtrusive and safe access to the display sitelfalt out zone, as All Amuiean deems necessary 5. Fire protection as All American deems necessary b is further agreed and understood chat the Cusmmer will pa All American the total sum of $ $15,000.00 as follows: Deposit of $3,000 due by 5-1-09. Remaining balance of $12,D00 tine In fall by 625-09 AII American will provide the Cusmmer with a $ 56.000,000.00 Certificate of Insurance covering Ptrhlic Liability and Piopetty Damage for Display Customer will be included as additional insured and agrees to provide a wmplete list of all additiotwl insureds to be named on the certificate. Cuaromer agrees to pay one and one half percent (1.5°k) interest charged per month on unpaid accounts after fifteen days from agreed upon payment due date and Customer agrees to pay all fees necessary to collect balance due, in addition co any and all attorney fees. It is further agreed that nothing in this Agreement between Customer and All Amuieao, shall be construed or interpreted to result is a partnership or joint venture, both parties hereto being responsible for their separate and individual acts, omissions, debts, and obligations std neithv party shall be responsible for any agreements or addendum not set forth in the Agreement. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this agreement which is binding upon the pazties, their heirs, executors, administrators, successors, assigns, and agents; as well as terms and conditions Cutthet set forth by All American. If display is cancelled prior to set up, a I S% fee will be charged for production costs If Ste display is cancelled after set has begun or is completed, a tancellatioa fee of 20% applies IN WITNESS WHEREOF, 10 March 2009 we hereto, set our hands and seals to duplicate espies hereof this the day of WA> D & IN / I r1 NDISPLAYFIRE-~ORKS Charles Wald BY: Signawtt ofAurhotned Agent BY: /l 5i~~tC?t~ L. /C e SG Print Name of Authorized Agent mowleging and agreeing to Ota payment adtedule noted above SIGN: ~ ~ i~~~ Signature °EAud,otiredAgent Phis agttemem wbjea m oceptantx 6yA0 Amerian (Wald & Co., IrteJ at its main °flice e[ Greenwood, Mimoari. IM['OIiTANT: Plain authorized aignawce on original (vrhia) sod tttum w A0 Amerinn Display Pitevwrlo br xtum mad. Retdn duplicate (yellow) coPr fotY~ ~• WALD $~ CO., INC. CO~M~CI~~ FI~£~ar~~s e _ nt~pf i2ivprailln Meredith Hauck anon Riverside MO 64150 INVOICE NUMBER ~vzut 9Mpov~ S ~6utau ,~, ~G~ ~~Y FIRE~'OR~S Over Eighty Years of Relfabfe Service P.O. BOX 319 GREENWOOD, MO 64034 nZ_lyafx• (816} 537-7400 - Wald's All American Display FAX (876} 537-7270 Warehouse location 1.7 Miles e South oT Highway 150 on 291 CUSTOMER ORDER NO. LICENSE NO. PAGE We are iequired by fhe state tax authadty to secure hom our customers their retail sales tax registration number before exempting them from sales tax on any merchandise purchasetl. No Missouri orders°can leave our warehouse until a coov of Beaters license is in nur filar . t. - z Including Material, Tech Fee and Insurance , 3. ` $3,b00 deposit due by 5-1-09 s. a. 7. 8. 9. in. 7 t. In ~'nll By 25-09 tz Fipance Charge of 1.5% 13. All Payments made payable and sent to Wald & C ., Ina, 75. ~ f _ 7fi. Please Read Before Signing. Price subject ko change wldwut notice. All orders subject to approval. We wig substitute when necessary, SIGNED X POSITIVELY NO CREDIT ALLOWED FOR GOODS RETURNED WITHOUT PERMISSION. AUTHORIZED BUYER IMPORTANT: This Merchandise sold and shipped on the representation of the buyer that thessme will ba Finance Charge Is eomputad by a "Penodlc Rab" of tY.Y. per month which is an annual percentage rata of 19'h appl4d to used sfricgy in aocerdance with IFre laws of the state or deagnagon. This merchandise is sold upon the Wlancea over 90 days. corMlGOn that fhe se9er shall na be Ilehle In any dvil action, for arty aceldenl or injury oxasioned during the iranaportafbn, handling, storage, sale a use of the merchantlise. "ILC :• ` PIt~tL B~" Wald & Co., Inc. Commercial Fireworks ~- All American Display Fireworks P,O. Box 319, Greenwood, Missouri 64034 Phone: 816-537-7400 Fax: 816-537-7270 E-Mail: sales@waldfireworks.com ~~ www.waldfireworks.com Over 82 Years of Quality FIREWORKS DISPLAY PROPOSAL os~.ao-raav FOR RIVERSIDE MO DISPLAY DATE 7/20/20U9 PROPOSAL DATE 2/27/2009 BUDGET $15,000.00 MAIN AERIAL 96 SHELLS FROM THE FOLLOWING LISTING 2.5 ASSORTED COLORS TO CRACKLING SHELLS 2.5 ASSORTED PALM TREE SHELLS W/ TAILS 2.5 ASSORTED BROCADE SHELLS 2.S ASSORTED COLOR PEONY SHELLS 2.5 ASSORTED COLOR CHANGE PEONIES W/ TAILS 2.5 ASSORTED COLOR CHRYSANTHEMUMS 2.5 ASSORTED COLOR SPECIALTY SHELLS 2.5 ASSORTED WILLOW SHELLS 2.5 RED GAMBOGE TO ASST COLOR CHRYSANTHEMUMS W/ TAILS 2.5 GOLDEN WAVE CHRYSANTHEMUMS TO ASST COLORS W/ TAILS 2.5 ASSORTED COLOR HALF & HALF CHRYSANTHEMUMS 2.5 ASSORTED COLOR CHRYSANTHEMUMS W/ CRACKLING 360 SHELLS FROM THE FOLLOWING LISTING 3" ASSORTED COLORS TO CRACKLING SHELLS 3" ASSORTED PALM TREE SHELLS W/ TAILS 3" ASSORTED BROCADE SHELLS 3" ASSORTED COLOR PEONY SHELLS 3" ASSORTED COLOR CHANGE PEONIES W/ TAILS 3" ASSORTED COLOR CHRYSANTHEMUMS 3" ASSORTED COLOR SPECIALTY SHELLS 3" ASSORTED WILLOW SHELLS 3" RED GAMBOGE TO ASST COLOR CHRYSANTHEMUMS W/ TAILS 3" GOLDEN WAVE CHRYSANTHEMUMS TO ASST COLORS W/ TAILS 3" ASSORTED COLOR HALF & HALF CHRYSANTHEMUMS 3" ASSORTED COLOR CHRYSANTHEMUMS W/ CRACKLING 216 SHELLS FROM THE FOLLOWING LISTING 4" ASSORTED SPECIAL EFFECT SHELLS 4" ASSORTED BROCADE & KAMURO SHELLS 4" ASSORTED PALM TREE SHELLS 4" ASSORTED COLOR CHANGE SHELLS W/ TAILS 4" ASSORTED COLOR CHRYSANTHEMUMS 4" ASSORTED SPECIAL EFFECT CHRYSANTHEMUM SHELLS 4" ASSORTED SPECIAL EFFECT PEONY SHELLS FIREWORKS DISPLAY PROPOSAL -_.~ FOR RIVERSIDE MO DISPLAY DATE 7/20/2009 PROPOSAL DATE 2/27/2009 BUDGET $15,000.00 174 SHELLS FROM THE FOLLOWING LISTING 5" ASSORTED SPECIAL EFFECTS SHELLS 5" ASSORTED FANCY SPECIAL EFFECTS SHELLS 5" ASSORTED COLOR CHRYSANTHEMUMS 5" ASSORTED SPECIAL EFFECT CHRYSANTHEMUM SHELLS 5" ASSORTED SPECIAL EFFECT PEONY SHELLS 5" ASSORTED PATTERN SHELLS 5" ASSORTED PALM TREES AND COCONUTS 5" ASSORTED DIADEMS, KAMUROS, AND BROCADES 45 SHELLS FROM THE FOLLOWING LISTING 6" ASSORTED SPECIAL EFFECTS SHELLS 6" ASSORTED FANCY SPECIAL EFFECTS SHELLS 6" ASSORTED COLOR CHRYSANTHEMUMS 6" ASSORTED COLOR CHRYSANTHEMUMS W/ TAILS 6" ASSORTED SPECIAL EFFECTS CHRYSANTHEMUMS 6" ASSORTED SPECIAL EFFECT PEONY SHELLS 6" ASSORTED PATTERN SHELLS 6" ASSORTED DIADEMS, KAMUROS, AND BROCADES 6" ASSORTED EFFECT SHELL OF SHELLS 6" SPECIAL ASSORTED COLOR IMPORT SHELLS 6" FANCY ASSORTED COLOR IMPORT SHELLS ® SHELLS FROM THE FOLLOWING LISTING 8" ASSORTED SPECIAL EFFECT SHELLS 8" ASSORTED SPECIAL EFFECT CHRYSANTHEMUM SHELLS 8" ASSORTED SPECIAL EFFECT PEONY SHELLS 8" ASSORTED FANCY SPECIAL EFFECT SHELLS 8" ASSORTED DIADEMS, KAMUROS, AND BROCADES 8" ASSORTED EFFECT SHELL OF SHELLS 8" SPECIAL ASSORTED COLOR IMPORT SHELLS -~.~, FIREWORKS DISPLAY PROPOSAL FOR RIVERSIDE MO MAIN AERIAL 1.75" Comets 4" Mines 2.5" Shells 3" Shells 4" Shells 5" Shells 6" Shells 8" Shells Total Shells DISPLAY DATE PROPOSAL DATE BUDGET SUMMARY FINALE 72 2.5" Shells 20 3" Shells 96 4" Shells 360 5" Shells 216 Total Shells 174 45 B 99i 7/20/2009 2!27/2009 X15,000.00 24 276 75 400 TOTAL PACKAGE PRICE INCLUDING MATERIAL, SHOOTERS FEE, WORKERS COMP, AND $5,000,000.00 LIABILITY INSURANCE .................................... $15,000.00 IF YOU ACCEPT THIS'PROPOSAL, PLEASE PRINT AND SIGN BELOW AND RETURN A COPY TO ALL AMERICAN DISPLAY FIREWORKS. ACCEPTED BY PRINTED NAME ACCEPTED BY DATE SIGNATURE