RES NO 03-05-2022 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO.r 3 -e5.5'-2022
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO
A CONTRACT FOR FIREWORKS DISPLAY SERVICES FOR
THE CITY OF VAN BUREN, ARKANSAS, AND FOR OTHER
PURPOSES.
WHEREAS, the City of Van Buren,Arkansas desires to conduct fireworks display service at the
Field of Dreams within the city; and
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS, THAT:
SECTION 1: The Mayor is authorized to enter a contract(Exhibit"A")with J&M Displays, Inc.
to provide fireworks display services for the city. Payment for such services shall
not exceed $21,600.00.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of C, for and c against, the foregoing Resolution at its
regular meeting held on the 28th day of March 2022.
. Hurst
Mayor
ATTESTED: PRO 0 F .
Ph lis Thomas Jacob Howell
City Clerk/Treasurer City Attorney
lir,,,k;tvii -
aiSPLAYS
-HIS AGREEMENT is made and entered into this 8th day of March , 2022 , by and between
J & Ill Displays, Inc., an Iowa corporation, having its principal place of business at Yarmouth, Iowa, including its employees, owners, and
agen:s,hereinafter referred to as"Seller",and City of Van Buren ,hereinafter referred to as"Buyer".
Selle-shall furnish to Buyer one(1)fireworks display,as per the$21,600.00 program submitted and accepted by the Buyer,
and which by reference is made a part hereof as Exhibit"A". The display is to take place on the evening of July 4 ,
202: at approximately 9th :30 pm,weather permitting.
IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. Firing of Display (check one of the below options):
Seller agrees to furnish all necessary fireworks display material and personnel for a fireworks display in accordance
with the program approved by the parties. Seller agrees to comply with all local,state,and federal guidelines pertaining to the
storing and displaying of fireworks.
❑ Buyer waives the services of Seller's technician. Buyer is a municipality or has a valid permit from the Bureau of Alcohol,
Tobacco,Firearms&Explosives and will be firing the display.
2. Payment. The Buyer shall pay to the Seller (check one of the below options):
❑ the sum of $ as a down payment upon execution of this Agreement. The balance of
$ shall be due and payable in full within fifteen (15) days after the date of the fireworks
display. A service charge of one and one-half percent (1 %z%) per month shall be added to the unpaid balance if the
account is not paid in full within the fifteen(15)days from the date of the show. If this account remains unpaid and is turned over
to a collection agency for non-payment, all fees incurred in collecting the balance will be at the Buyer's expense.All returned
checks will be assessed a$30.00 fee.
Q $21,600.00 in full by April 25, 2022 (70 days prior to event date).
The Buyer will receive the 8% prepayment bonus product in this fireworks display.
❑ $ in full by (30 days prior to event date).
The Buyer will receive the 5%prepayment bonus product in this fireworks display.
3. F'ostponement/Cancellation. Displays postponed to an alternate date will be charged an additional 15%of the total contract price
f it additional expenses incurred in presenting the display on an alternate date.
I i the event the display is cancelled and not re-scheduled,J&M Displays, Inc. shall be entitled to 20% of the contract price for out of
pocket expenses incurred in preparation for the show.
4. F ain Date. Should inclement weather prevent the firing of the display on the date mentioned herein, the parties agree to a
mutually convenient rain date of TBD or another date as agreed to by both parties. Once display set-
u7 has begun,the determination to cancel the fireworks display because of inclement weather or unsafe weather conditions shall rest
v ithin the sole discretion of the AHJ,Seller,and the lead pyrotechnician.
5. ltsurance. If Seller is firing the show,Seller agrees to provide,at its expense,general liability insurance coverage, in an amount not
IE ss than$10,000,000,and within two(2)weeks prior to the date of the fireworks display,shall submit to the Buyer,if requested in writing,
a certificate of insurance.All entities listed on the certificate of insurance will be deemed an additional insured. In the event of a claim
b r Buyer,the applicable deductible shall be paid by the Seller.
T le Seller agrees to defend, indemnify and hold harmless the Buyer and its agents and employees from and against all claims, costs,
ji dgments, damages and expenses, including reasonable attorney fees that may or shall arise out of any negligent or wrongful act or
o nission by the Seller related to the performance of the fireworks by the Buyer. The Buyer agrees to give the Seller prompt notice of any
c aims or demands and to cooperate with the Seller or its successors in interest or assigns,if any,in the defense of any such claims and/
o demands.
Revised D4 27/2020
U
6. Buyer agrees to provide:
(a) Sufficient area for the display,including a minimum spectator set back as determined by Seller.
(b) Protection of the display area by roping off or similar facility.
(c) Adequate police protection to prevent spectators from entering display area.
(d) Dry, clean sand,if needed,for firing.
(e) Persons to assist in the inspection and cleanup of fireworks debris in the fallout zone of the shoot site at first light in
the morning following the display for anything that may have been missed at the night search.
(f) Necessary local permits.
7: No representation of affirmation of fact,including but not limited to statement regarding capacity,suitability for use,or performance
of equipment or products shall be,or deemed to be a warranty by the Seller for any purpose,nor give rise to any liability or obligation
of the Seller whatsoever,except for acts of Seller's negligence as above stated.
8, It is further understood and agreed that nothing in this Agreement shall be construed or interpreted to mean a partnership. Both
parties hereto being responsible for their separate and individual debts and obligations, and neither party shall be responsible for
any agreements not stipulated in this Agreement. The Agreement shall not be construed to have been drafted,authored,or written
by any specific Party. Rather,the Agreement shall be construed as co-drafted,co-authored,or co-written bythe Parties. Therefore,
the Agreement shall not be construed against any Party on the claim or basis the Agreement was drafted,written, or authored by
any specific Party.
9, The parties hereto do mutually and severally guarantee terms, conditions,and payments of this Agreement.This document shall be
binding upon the parties,themselves,their heirs,executors,administrators,successors and assigns.
11). Excluded Damages and Limitation of Liability. Except for claims covered by Seller's applicable general liability insurance,
notwithstanding any provision to the contrary in this Agreement:
(a) In no event shall Seller be liable to Buyer or any third party for any loss of use,revenue or profit or for any consequential,
incidental,indirect,exemplary, special, or punitive damages whether arising out of breach of contract,tort(including
negligence),or otherwise,regardless of whether such damage was forseeable and whether or not such party has been
advised of the possibility of such damages.
(b) In no event shall Seller's liability arising out of or related to this Agreement,whether arising out of or related to breach
of contract,tort(including negligence),or otherwise,exceed the aggregate amount paid or payable to Seller pursuant
to this Agreement.
1 . Choice of Law,Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the
State of Iowa without regard to conflict-of-law principles, except as otherwise specifically required for the storing and display-
ing of fireworks as provided in paragraph one above. Notwithstanding,the Parties must bring any legal or equitable action or
proceeding arising under or related to this Agreement exclusively in the Iowa District Court in and for Des Moines County,Iowa.
The Iowa District Court in and for Des Moines County,Iowa shall have exclusive jurisdiction to decide any disputes arising out of
or related to this Agreement. Each Party knowingly and voluntarily consents to and expressly waives any objection or defense
to personal jurisdiction,improper or inconvenient venue,or inconvenient forum in the Iowa District Court in and for Des Moines
County,Iowa.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written.
BY: BY: Ci.1-5.3‘---
J M 'splays,Inc.
S E BUYER
Cease include the DISPLAY INFORMATION FORM with this Agreement so your order is processed accurately.
Revises 02-27;2020
Fireworks Display Agreement
Addendum
This Addendum to the Fireworks Display Agreement ("Addendum") is hereby incorporated by
reference into and made a part of the attached Fireworks Display Agreement("Agreement").Each reference
in the Agreement to any term of this Addendum shall have the meaning as set forth in this Addendum for
such term. Any initially capitalized terms used herein and not otherwise defined herein shall have the
meanings set forth in the Agreement.To the extent of any conflict between the terms and conditions of the
Agreement and this Addendum,the terms and conditions of this Addendum shall control.
WHEREAS the ongoing Covid-19 pandemic has impacted and hindered the ability of many industries,
with an especially detrimental impact on live events,including the pyrotechnic and special effects industry;
WHEREAS J&M Displays utilizes a"Shoot Team"to conduct each individual display and each Shoot
Team consists of persons who are not full-time employees of J&M Displays and over whom J&M Displays
has minimal control outside the Display environment;and
WHEREAS the impact of the Covid-19 pandemic has directly impacted J&M Displays' ability to
perform fireworks displays in 2020 and is anticipated to possibly present additional difficulties in
performing displays in 2021,
THEREFORE,
Each party's obligations to perform hereunder will be excused in the case of a Force Majeure Event.
Specific to this Addendum,a"Force Majeure Event"is defined to include medical conditions,which result
in quarantine or similar limitations or restrictions on travel or congregation in the metropolitan area where
the Display is scheduled to be held.In the case of Seller,a Force Majeure Event includes,without limitation,
death, serious illness or incapacity one or more of the display Shoot Team member(s) which renders it
impossible, unsafe,or not reasonably practical for the Shoot Team to perform the display.
Seller's Rescheduling. J&M Displays will work with all customers to ensure a timely and safe fireworks
display,but as noted above,due to circumstances beyond J&M Displays' control,certain fireworks displays
in 2021 may have to be rescheduled with limited notice to Buyer. J&M Displays will immediately inform
Buyer of any unanticipated Covid-19 related interruption in services and will endeavor to reschedule the
display as soon as practical or on a mutually agreeable date in calendar year 2021.
Buyer's Rescheduling. Buyers who believe their display may be cancelled or postponed for Covid-19
related reasons should contact J&M Displays as soon as practical.Buyers who must postpone displays due
to circumstances beyond their control who reschedule within calendar year 2021 will not be charged any
additional fee.
Cancellation.In the event it becomes necessary for Seller to cancel the fireworks display and not reschedule,
Buyer shall be entitled to a full refund of any payment made.In the event Buyer choses to cancel the display
rather than reschedule, Seller shall be entitled to 20% of the contract price for out-of-pocket expenses
incurred in preparation for the display.
J&M Displays Covid Addendum Page 1 of 2
All remaining terms of the Fireworks Display Agreement remain unchanged,and are ratified.
The parties have caused this Addendum to be duly executed as of the 8th day of March ,2022.
SELLER: J&M Displays BUYER: City of Van Buren
By: By: '''..2 r--(-6.SZts-
Print: h hitaker Print:
Title: R resentative Title: r
J&M Displays Covid Addendum Page 2 of 2
r ,
ii J&M Displays Proposal for:
DISPLAYS City of Van Buren
July 4th - Same show as 2021
Main Event
Ignition Items
Quantity Name Rising Effect Price Total
378 Igniter 3 meter leads $2.20 $831.60
Category Shell Count:0 $831.60
3 Inch Color Shells
Quantity Name Rising Effect Price Total
4 Assortment B of 20(5 report&15 color)Patriotic shells ELECTRIC FIRE mixed tails $330.00 $1,320.00
2 Assortment C of 20(5 report&15 color)shells ELECTRIC FIRE $330.00 $660.00
Category Shell Count:120 $1,980.00
4 Inch Salutes
Quantity Name Rising Effect Price Total
11 Titanium salute Mixed tails $26.75 $294.25
Category Shell Count:11 $294.25
4 In h Color Shells
Quan Name Rising Effect Price Total
2 Willow to Red White and Blue Gold tail $21.70 $43.40
2 Brocade Crown with silver strobe pistils $44.30 $88.60
2 Golden kamuro to white strobe Gold tail $44.30 $88.60
4 Green Glitter to Purple bees $44.30 $177.20
2 Green ring inside brocade to purple ring $44.30 $88.60
2 Lemon and pink ring with crackling pistils whistling tail $44.30 $88.60
2 Spiral ring pattern $44.30 $88.60
2 White strobe and red dahlia whistling tail $44.30 $88.60
1 Assortment C of 20 different J&M Brand Shells ELECTRIC FIRE $550.00 $550.00
1 Assortment E of 20 different J&M Brand shells ELECTRIC FIRE $550.00 $550.00
1 Assortment K Of 20 different J&M Brand shells ELECTRIC FIRE $550.00 $550.00
1 Assortment V of 20 different Patriotic J&M Brand shells ELECTRIC FIRE mixed tails $550.00 $550.00
Category Shell Count:98 $2,952.20
4 Inch Special Effect shells
Quan' Name Risin.Effect Price Total
2 Blue to crackle w/crackle pistil $49.80 $99.60
1 Heart Pattern,Red $49.80 $49.80
1 Kamuro with Happy Face $49.80 $49.80
2 Red to crackle w/crackle pistil $49.80 $99.60
2 Six Angle brocade crown $49.80 $99.60
2 Thousand of Flash(Lightning/Photo Flash) $49.80 $99.60
2 Aqua and pink dahlia with silver glitter and report $74.30 $148.60
4 Artillery(cylinder) $74.30 $297.20
2 Diamond Screamer to reports with red stars $74.30 $148.60
Categ Shell Count:18 $1,092.40
Proposal#:20770 Designed on:2022-03-08 17:30:28 Printed on:Tue Mar 8 11:36:21 2022 Page:1 of 4
18064 170th Avenue, Yarmouth,Iowa 52660-9772
1-800-648-3890 • Fax:1-319-394-3265 • main@jandmdisplays.com • www.jandmdisplays.com
`,,�.4
fil)('fie\� -'
jripwo J&M Displays Pro
Aosal for:
p
f DISPLAYS City of Van Buren
July 4th - Same show as 2021
Main Event
5 Inch Color Shells
Quanity Name Rising Effect Price Total
2 Crackling Willow Flower w/Big Multicolor Pistil $65.00 $130.00
1 Assortment M of 10 different J&M Brand shells ELECTRIC FIRE mixed tails $400.00 $400.00
1 Assortment Q of 10 different J&M Brand shells ELECTRIC FIRE mixed tails $400.00 $400.00
1 Assortment Z of 10 different J&M Brand Shells ELECTRIC FIRE mixed tails $400.00 $400.00
1 Assortment A of 15 Patriotic J&M shells ELECTRIC FIRE $710.00 $710.00
Categgry Shell Count:47 $2,040.00
5 Inch Special Effect Shells
Quantity Name Rising Effect Price Total
2 Glitter Silver to Blue Chrysanthemum w/Red to White Strobe Pistil w/Silver Tail $72.00 $144.00
2 Glittering willow with red and blue dahlia pistils glitter tail $72.00 $144.00
Category Shell Count:4 $288.00
6 Inch Color Shells
Quantity Name Rising Effect Price Total
2 Chrysanthemum to blue to silver with red pistil whistle tail $93.00 $186.00
2 Assortment A of 9 different Patriotic shells ELECTRIC FIRE $740.00 $1,480.00
1 Assortment D of 9 different J&M Brand shells ELECTRIC FIRE mixed tails $740.00 $740.00
1 Assortment W of 9 different J&M Brand Shells ELECTRIC FIRE mixed tails $740.00 $740.00
Category Shell Count:38 $3,146.00
6 Inch Special Effect Shells
Quantity Name Rising Effect Price Total
2 Glittering silver to blue to magenta to lemon chrys $149.40 $298.80
2 Golden palm tree w/golden strobe pistil w/gold tail $149.40 $298.80
2 Golden spangle diadem w/red peony pistil $149.40 $298.80
2 Nishiki kamuro to golden strobe w/orange strobe pistil $149.40 $298.80
2 Var.swimming chrys w/white strobing pistil(reddish gamboge to silver meteor w/white strobing pistil) $149.40 $298.80
Category Shell Count:10 $1,494.00
Section Shell Count:346
Finales
4 Inch Finales
Quantity Name Rising Effect Price Total
2 Color(rainbow)8 shot finale chain mixed tails $278.00 $556.00
3 Color 8 shot finale chain silver tail $278.00 $834.00
2 Red white and blue dahlia 8 shot finale chain mixed tails $278.00 $556.00
2 Artillery 8 shot finale chain $288.00 $576.00
Category Shell Count 72
$2,522.00
Secti• Shell Count:72
8% Free for Early Payment
Proposal#:20770 Designed on:2022-03-08 17:30:28 Printed on:Tue Mar 8 11:36:21 2022 Page:2 of 4
18064 170th Avenue, Yarmouth,Iowa 52660-9772
1-800-648-3890 • Fax:1-319-394-3265 • main@jandmdisplays.com • www.jandmdisplays.com
J&M Displays Proposal for:
DISPLAYS
City of Van Buren
July 4th - Same show as 2021
8% Free for Early Payment
4 Inch Finales
Quantity Name Rising Effect Price Total
3 Red white and blue dahlia 8 shot finale chain mixed tails $278.00 $834.00
Category Shell Count:24 $834.00
4 Inch Color Shells
Quantity Name Rising Effect Price Total
2 Glittering willow with blue pistil glitter tail $44.30 $88.60
2 Orange Crackling Willow Flower w/Green Strobe Pistil $44.30 $88.60
2 Six angle chrysanthemum Gold tail $44.30 $88.60
Categ)ry Shell Count:6 $1,099.80
4 Inch Special Effect shells
Quant ty Name Rising Effect Price Total
2 Blooming Flowers $49.80 $99.60
Category Shell Count:2 $1,199.40
Section Shell Count:32
15% Free for Multiple Year Agreement
3 Inch Finales
Quantity Name Rising Effect Price Total
2 Red salute and blue dahlia 10 Shot finale chain mixed tails $184.00 $368.00
4 Report and palm 10 Shot finale chain $184.00 $736.00
4 Wave shell 10 Shot finale chain mixed tails $184.00 $736.00
Category Shell Count:100 $1,840.00
6 In( h Special Effect Shells
Quant y Name Rising Effect Price Total
2 Double palm tree w/white strobe pistil $149.40 $298.80
Category Shell Count:2 $2,138.80
Sect'. Shell Count:102
Proposal#:20770 Designed on:2022-03-08 17:30:28 Printed on:Tue Mar 8 11:36:21 2022 Page:3 of 4
18064 170th Avenue, Yarmouth,Iowa 52660-9772
1-800-648-3890 • Fax:1-319-394-3265 • main@jandmdisplays.com • www.jandmdisplays.com
J&M Proposal Displays for.
C
DISPLAYS City of Van Buren
July 4th - Same show as 2021
This proposal includes an extension of our$10,000,000.00 spectator liability insurance,and workers compensation on our shoot team.
Fireworks Price: $16,640.45 Total Shot Count: 552
Discount: $2,055.45 Packing Check: 493
Subtotal Fireworks: $14,585.00 Date of Display: 07/04/22
Sales Tax: Customer Number: 10410
Local Sales Tax:
Insurance Processing: $2,160.00 Summary of Free Items Added to Your Show
License and Permit: $25.00 See Previous Pages for a Listing of Free Items
Shoot Fee: $2,500.00 Free Items are Based on the$14,585.00 Fireworks Subtotal
Delivery: $1,080.00
$1,199.40 8%Free for Early Payment
Musical Firing:
$2,138.80 15%Free for Multiple Year Agreement
Shoot Cost: $1,250.00
$3,338.20 Total Free
Equipment Rental:
Barge/Pontoon Fee: Total Value of Show is$26,993.65.Your Price is$21,600.00
Total Price of Show: $21,600.00
•
Plea se Note the Following Comments:
The dal I in this proposal is confidential,and is to be accorded confidential treatment and shall not be disclosed other than to the official representative of the organization listed on the cover,and only then when in
the eve Jation of this proposal.Any reproduction of the contents of this proposal,whether in whole or in part,is expressly forbidden.J&M Displays,Inc.requests that all information be safeguarded from release
pursuar:to any request under the Freedom of Information Law of this state or any other state or jurisdiction;as it may cause competitive disadvantage to our company.The enclosed concepts and materials are the
sole am exclusive property of J&M Displays,Inc.We reserve the right to make substitutions of equal or greater value.Prices and specifications are subject to change without notice.For choreographed displays the
quantity and sizes of product may change based on the music selected;however,the dollar value of the product will remain the same.
D
•
Proposal#:20770 Designed on:2022-03-08 17:30:28 Printed on:Tue Mar 8 11:36:21 2022 Page:4 of 4
I
18064 170th Avenue, Yarmouth,Iowa 52660-9772
1-800-648-3890 • Fax:1-319-394-3265 • main@jandmdisplays.com • www.jandmdisplays.com