SUPPLEMENTAL AGENDA

GREEN COVE SPRINGS CITY COUNCIL 321 WALNUT STREET, GREEN COVE SPRINGS, FLORIDA

REGULAR SESSION TUESDAY, MAY 19, 2015 - 7:00 P.M.

ITEM NO.

COUNCIL BUSINESS

1. Orange Park Rotary Club - Pyro Shows, Inc. Contract. Judd

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CITY OF GREEN COVE SPRINGS, FLORIDA STAFF REPORT

FOR MEETING OF MAY 19, 2015

SUBJECT: Orange Park Rotary Club - Pyro Shows, Inc. Contract

BACKGROUND: At the direction of the Mayor, this item has been presented to the Council for consideration.

On April ih, the Council received a request from The Orange Park Rotary Club to approve their major special event application for a 4th of July Celebration to be held in Reynolds Industrial Park. The meeting concluded with the City agreeing to cover $2,500 in actual overtime incurred by the City for law enforcement throughout the day. The funds for this expense were taken from the Contingency account in the General Fund.

The hours of assignment and duties to be performed are outlined below:

Hours of assignment:

I. One Sgt from 10:30 AM - 10:30 PM is 12 hours times one Three Police Officers from 10:30 AM - 10:30 PM is 12 hours times three Four Police Officers from 6:30 PM - 10:30 PM is 4 hours times four One Police Officer on the marine unit from 6:30 PM - 10:30 PM is four hours times one

This is a total of 9 sworn personnel for the event which includes the marine unit.

II. Fringe benefit factor of 45% for Sworn personnel equals (7.65% FICA+ 17.3% NET Pension +3.42% Workers Comp and 17 .5% Insurance) totals 45% fringes.

III. Entry level police officer hourly rate is $17.25 X 1.5 for overtime X 1.45 fringes= $37.52/hour

Highest range police officer hourly rate is $20.30 X 1.5 for overtime X 1.45 fringes= $44.15/hour

IV. Entry level Sgt hourly rate is $19.00 X 1.5 for overtime X 1.45 fringes= $41.32/hour

Highest range Sgt hourly rate is $23.98 X 1.5 for overtime X 1.45 fringes= $52.16/hour

V. So, Cales as follows:

BASE OFFICER: $37.52 x 12 x 3 = $1350.72 $37.52 x 4 x 4 = $600.32 $37.52 X 4 X 1 = $150.08

HIGHEST OFFICER: $44.15 same as above= $1589.49 $44.15 same as above= $706.40 $44.15 same as above= $176.60

BASE SGT: $41.32 x 12 x 1 = $495.90

HIGHEST SGT: $52.16 x 12 x 1 = $625.88

Page 1 of 2

SUMMING ALL ENTRIES:

BASE ($1350.72 + $600.32 + $150.08 + $495.90) = $2597.02

HIGHEST ($1589.49 +$706.40 + $176.60 + $625.88) = $3098.37

SUBSEQUENT REQUEST: On April 28th, Mr. Jim Cribb, event coordinator, contacted the City and advised that local

Rotary clubs are no longer able to execute contracts with pyrotechnics companies due to a 2014 directive, copy attached, from Rotary International. A copy of the directive was received by the City on May 6th.

The City then immediately on May 6th contacted our carrier and asked this question.

"We have a group that is sponsoring a 4th of July celebration this year, and the City is assisting with the festival. If fireworks are shot off from a privately owned pier, could this activity be covered under the City's insurance coverage if the City pays the vendor directly for the fireworks?"

We received this response: "The City has coverage for fireworks but that coverage can't be extended to protect any private entities."

As you will recall, our fireworks contract provides for $10 Million in liability coverage.

Then, on May i\ the City was presented with a fireworks contract, copy attached, for execution by the Mayor that had been negotiated between Pyro Shows, Inc. and the Orange Park Rotary Club. The contract was reviewed by both the City Manager and City Attorney on May gth, and resulted in a response dated May li\ copy attached. Our response outlined several issues and a suggestion that Rotary purchase event insurance for which the City would be willing to consider providing financial support to accomplish same. This is outlined in another e-mail dated May 12th from former Town Manager Cindy Hall to City Manager Danielle Judd and Event Organizer Jim Cribb. In that e-mail it mentioned previous fireworks contracts between the Town of Orange Park. Copies of those contracts from 2011 and 2012 were received by the City on May 13th, and copies are attached.

I MOTION: Subject to Council direction.

Attachments - Rotary International Directive on Pyrotechnics effective July 2014 Pyro Shows, Inc. and Orange Park Rotary Club Proposed Contract E-Mail from City Manager to Orange Park Rotary Club dated May 12, 2015 E-Mail from former Orange Park Town Manager dated May 12, 2015 Town of Orange Park Pyro Shows, Inc. Contracts for 2011 and 2012

Page 2 of2

FW: Rotary New Policy 4 messages

Jim Cribb <jimcribb@fwaonline.com> To: djudd@greencovesprings.com

Danielle,

Danielle Judd <dj udd@greencovesprings.com>

Wed, May 6, 2015 at 1:01 PM

I sent this to Van last week. Rotary has ALWAYS not excluded fireworks-whether we sign the contract or

Town of OP, etc. As you can see, this policy ended after July 4th 2014.

If the City of GCS, Reynolds Park, or someone other than Rotary does not sign for the fireworks this is truly a show stopper.

Please let me know. The Town of OP has always signed for fireworks and we have furnished them and Moosehaven with Rotary's insurance.

Jim

James C. Cribb, CFP

Registered Principal

Cambridge Investment Research, Inc.

151-14 College Drive

Orange Park, FL 32065

TEL: 904.264.0520

FAX: 904.264.4176

jimcribb@fwaonline.com

www.fwaonline.com

Securities offered through Registered Representatives of Cambridge Investment Research, Inc., a broker-dealer, member FINRA/SIPC. Advisory services offered through Family Wealth Advisors , Inc., a Registered Investment Adviser. Family Wealth Advisors and Cambridge are not affiliated.

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From: Jim Cribb [mailto: jimcribb@fwaonline.com] Sent: Tuesday, April 28, 2015 11:31 AM To: Mr. Van Royal (vanroyal2@aol.com) Subject: Rotary New Policy

We (Rotary) has an issue that has just been found re: insurance availability when we sign for fireworks.

Give me a call when you have a few minutes . Is this a show stopper? Will the City step up?

Jim

James C. Cribb, CFP

Registered Principal

Cambridge Investment Research, Inc.

151 -14 College Drive

Orange Park, FL 32065

TEL: 904.264.0520

FAX: 904.264.4176

jimcribb@fwaonline.com

www.fwaonline.com

Securities offered through Registered Representatives of Cambridge Investment Research, Inc., a broker-dealer, member FINRA/SIPC. Advisory services offered through Family Wealth Advisors , Inc., a Registered Investment Adviser. Family Wealth Advisors and Cambridge are not affi liated.

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From: Erin Fox [mailto:efox@fwaonline.com] Sent: Tuesday, April 28, 2015 11:29 AM To: James C. Cribb Subject:

Erin Fox

Family Wealth Advisors, Inc.

151-14 College Dr.

Orange Park, FL 3206 s

TEL: 904.264.0520

FAX: 904.264.4176

efox@fwaonline.com

Securities offered through Registered Representatives of Cambridge Investment Research, Inc., a broker-dealer, member FINRA/SIPC. Advis01y services offered through Family Wealth Advisors, Inc., a Registered Investment Adviser. Family Wealth Advisors and Cambridge are not affiliated.

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IMG_0004.pdf ; 741K

Danielle Judd <djudd@greencovesprings.com> Draft

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>- IMG_0004.pdf 741K

Wed, May 6, 2015 at 1:24 PM

Danielle Judd <djudd@greencovesprings.com> Wed, May 6, 2015 at 1 :45 PM To: Jim Cribb <jimcribb@fwaonline.com> Cc: Van Royal <vanroyal@greencovesprings.com>, Jim Arnold <cityattorney@greencovesprings.com>

Jim Yes I did speak to Van (Mayor) the day you reached out to him and advised that our fireworks contract with zambelli included insurance as part of our agreement with zambelli. That was the question posed to me (how to secure fireworks insurance).

I was never asked about having the city sign an agreement with fireworks vendor.

My question is very simple ... Is the issue that rotary cannot sign a contract or buy insurance or both.

I fully understand that fireworks are the main event for the day.

As in my previous note I have suggestions to assist but need to be clear on what the needs are at this point so I can formulate solution.

[Quoted text hidden]

Jim Cribb <jimcribb@fwaonline.com> Wed, May 6, 2015 at 2:08 PM To: Danielle Judd <djudd@greencovesprings.com>

We are able to obtain insurance. However, if you will look at the attachment, Rotary will NOT ALLOW US to sign the contracts involving fireworks.

FYI, I contacted Zambelli-they said that on the 4th of July their minimum show was $30,000.00.

Jim

James C. Cribb, CFP

Registered Principal

Cambridge Investment Research, Inc.

151-14 College Drive

Orange Park, FL 32065

TEL: 904.264.0520

FAX: 904.264.4176

jimcribb@fwaonline.com

www.fwaonline.com

Securities offered through Registered Representatives of Cambridge Investment Research, Inc., a broker­dealer, member FINRA/SIPC. Advisory services offered through Family Wealth Advisors, Inc., a Registered Investment Adviser. Family Wealth Advisors and Cambridge are not affiliated.

The information in this email is confidential and is intended solely for the addressee. If you are not the intended addressee and have received th is email in error, please reply to the sender to inform them of this fact.

We cannot accept trade orders through email. Important letters, email, or FAX messages should be confirmed by call ing 904.264.0520. This email service may not be monitored every day, or after normal business hours.

From: Danielle Judd [mailto: djudd@greencovesprings.com] Sent: Wednesday, May 06, 2015 1:46 PM To: Jim Cribb Cc: Van Royal; Jim Arnold Subject: Re: FW: Rotary New Policy

[Quoted text hidden]

[Quoted text hidden]

[Quoted text hidden]

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CHANGE TO FIREWORKS COVERAGE July2014

What is changing? Insurers that provide coverage to U.S. Rotary clubs and other insured entities

are restricting their coverage as it relates to fireworks. The policy will not cover liability arising out of

fireworks display if a Rota1y club enters into a contract with pyrotechnics or other company hired to detonate fireworks.

Why is it changing? Insurers have re-evaluated the risk associated with providing insurance for

these activities and are no longer comfmtable with the exposure. They consider this a high-risk

activity, since just one occurrence of misfired or mishandled fireworks can cause multiple injuries to a

number of people.

How will this affect my club/district?

• If your club/district historically has entered into a contract with a pyrotechnics company for any

event, you are advised to discontinue these agreements. No insurance coverage for this activity

will be provided as of 1 October 2014.

• If your club decides to enter into a contract with a pyrotechnics company anyway, your club will

have to purchase its own separate insurance policy. No coverage will be provided through

the U.S. Rotary Club & District Liability Program for this exposure.

• If your club does not enter into contracts with pyrotechnic companies but instead sponsors events

with fireworks hosted by other organizations; there is no change in vicarious coverage.

The insurers agreed to continue this coverage until October 2014 for those events where contracts had

already been signed, to avoid putting those clubs in breach of contra<..1. However, going forward, U.S. Rotary clubs should not enter into any contract (or any other agreement) with any

pyrotechnics or other company that detonates fireworks.

FAQS

We like having fireworks! Do we have options? • Sponsor an event. If money is the issue, there is no reason your Club can't sponsor the event

v.rith financial support, provided that another entity (such as a municipality or chamber of commerce) signs the pyrotechnics contract.

We signed a contract for an event. Will we be in default? • The agreement v.rith insurers allows coverage for events prior to October 2014 where the

contract has already been signed.

Why isn't Risk Management working harder to preserve our coverage? • The unusually high exposure from pyrotechnics risk (incidents usually involve numerous people

Change in fireworks coverage

and severe injuries) makes this paiticularly concerning to insurers. At policy renewal, we

negotiated aggressively to ensure protection for 2014 4th of July events, which we assumed would

have signed contracts in place at the time.

• It's also impmtant to bear in mind that this activity applies to only a small percentage of clubs, so

this restriction does not represent a widespread constraint.

We sponsor an event and sell prepackaged fireworks. Does this affect us? • Vicarious liability coverage \Nill continue for Clubs that sponsor or are otherwise involved with

events that include firev.,rorks, so long as a different pa1ty signs the contract with the pyrotechnics

company. Please note that insurance didn't and still won't apply to clubs who directly transpmt ,

deliver, store, set up, detonate, or clean up fireworks; however, the legal sale of pre-wrapped

fireworks supplied by a licensed third party for fundraising purposes remains covered.

Change in fireworks coverage 2

PYROSHOWS P.O. BOX 1776 LAFOLLETTE, TN 37766

Contract Agreement This Agreement, made this 28th Day of April 2015, by and between PYRO SHOWS, Inc., a Tennessee

Corporation, whose address is 115 N. 1st Street, LaFollette, Tennessee 37766, and hereinafter referred to as PYRO SHOWS and ORANGE PARK ROTARY CLUB, with its principle place of business located at 151-14 College Drive, Orange Park, in the State of Florida hereinafter referred to as "Customer."

WITNESS ETH In consideration of the mutual promises and undertakings set forth herein, receipt of said consideration being

acknowledged, the parties hereby agree as follows: I. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to customer a firework display (hereinafter "Show")

pursuant to our contract #15FL07-04CUST12500-0107 dated this 28th Day of April, 2015. The show will be given on the 4th Day of July, 2015. II. CANCELLATION: PYRO SHOWS shall determine what weather conditions prohibit PYRO SHOWS from

proceeding with the Show; in which case, PYRO SHOWS agrees to present the Show on the following day or previously agreed upon rain date. In addition to contracted Show cost, Customer shall remit the actual additional expenses PYRO SHOWS shall incur in presenting the show on subsequent occasion to include labor, lodging, per diem, etc.; in no event shall these additional expenses be less than ten percent ( 10%) of the contracted price of the Show. In the event the Show must be RESCHEDULED to a mutually agreed upon date other that the previously agreed upon rain date, in addition to contracted Show cost, Customer shall remit the actual additional expenses PYRO SHOWS shall incur in presenting the Show on subsequent occasion to include labor, lodging, per diem etc.; in no event shall these expenses be less than thirty percent (30%) of the contracted price of the Show. Should Customer elect to CANCEL the Show for any reason, Customer must provide PYRO SHOWS with a thirty (30) days' written notice by certified mail, return receipt, to PYRO SHOWS' address as set forth above. Customer agrees that PYRO SHOWS shall incur substantial expense in preparation for the Show and, accordingly, agrees to pay PYRO SHOWS fifty (50%) of the total contract price for the show as liquidated damages for cancellation. If the Customer does not provide PYRO SHOWS with notice as set forth herein, Customer shall pay PYRO SHOWS the entire amount or one hundred percent (100%) of the contract price for the Show as liquidated damages. Ill . SECURITY AREA: Customer agrees to furnish sufficient space for PYRO SHOWS to properly conduct the Show

as determined by NFPA 1123-2010 (hereinafter "Security Area"). Customer agrees to provide adequate security protection to preclude persons unauthorized by PYRO SHOWS from entering the Security Area. For the purposes of the Agreement, "Unauthorized Persons" shall mean anyone other than the employees of PYRO SHOWS or persons specifically designated in writing by the sponsor, and submitted and approved, to PYRO SHOWS prior to the event. IV. SITE CLEANUP: PYRO SHOWS shall be responsible for basic cleanup of the launch area to include policing of

the fallout zone for any unexploded ordnance and removal of all large paper debris, wood, wire, foil, racks, mortars and firing equipment used in the setup for the show. Customer shall be responsible for cleanup of debris located in and around fallout zone. V. INDEMNIFICATION AND HOLD HARMLESS: Customer agrees to hold PYRO SHOWS harmless from any

damages caused to Customer which result as a consequence of unauthorized persons entering the Security Area. Furthermore, Customer agrees to defend and indemnify PYRO SHOWS from any and all claims brought against PYRO SHOWS for damages caused wholly or in part by Unauthorized Person who have entered the Security Area. VI. AMENDMENT & ASSIGNMENT: This agreement is deemed personal and confidential to Customer, his heirs,

executors and administrators only, and may not be sold, assigned, amended, or transferred without the prior written consent of PYRO SHOWS. VII. COMPLIANCE WITH THE LAWS AND REGULATIONS: Promptly upon the execution of this Agreement,

Customer shall apply for the approval hereof to any agency, officer or authority of any government if such approval is required by any applicable law, ordinance, code or regulation. Customer agrees to indemnify and hold harmless PYRO SHOWS from against all claims, suits, and causes of action, demands, penalties, losses or damages which may arise or accrue because of the failure or neglect of customer to obtain such approval. This Agreement is made expressly subject to and Customer expressly agrees to comply with and abide by all applicable laws, ordinances, codes and regulations insofar as the same may be applicable to the terms and conditions of this Agreement, including all rules and regulations now existing or that may be promulgated under and in accordance with any such law or laws.

Page 1 of 2

VIII. PERMITS AND LICENSES: Customer shall assist PYRO SHOWS in the acquisition and maintenance of all necessary permits and licenses to enable PYRO SHOWS to perform fully hereunder unless otherwise forbidden by any other applicable statute, rule or otherwise. Any expenses for security or stand by fire protection shall be the responsibility of the customer. It is hereby stipulated that this Agreement is to be construed and governed by the laws of the State of Tennessee, and any suit involving this contract shall be brought in the Courts of Campbell County in the State of Tennessee, and the Customer hereby submits itself to the jurisdiction of said Courts and waives its rights to proceed against PYRO SHOWS in and other actions, in any other jurisdiction. IX. LATE PAYMENT: PYRO SHOWS shall charge, and Customer agrees to pay, one and one half percent (1 1 \2%)

per month late payment fee for each month until PYRO SHOWS is paid the amount set forth in Paragraph XIV herein. The stated late payment fee shall begin to run from the applicable date(s) established in Section XIV, unless this provision is prohibited by law. XI. ADVERTISEMENT AND PROMOTIONS: Customer agrees to state that fireworks display is being provided by

PYRO SHOWS in all advertisements and promotions. Furthermore, Customer agrees to allow PYRO SHOWS to use sponsors name and/or logo in PYRO SHOWS list of clients and any Pyro Shows advertisements and promotions. XII. COMPLAINTS: In the event that Customer has a complaint concerning the Show, or any material or product

used in or pursuant to the Show, or of the conduct of the Show by PYRO SHOWS, or any act or omission of PYRO SHOWS or its agents, either directly or indirectly, without limitation, Customer shall make complaint known to PYRO SHOWS in writing by certified mail to PYRO SHOWS' address as set forth above, within ten ( 10) days after the date of the Show. In the event that Customer fails to register any complaint in the time and in the manner specified, Customer agrees that it shall not claim such complaint as cause for an offset or withhold any payment due to PYRO SHOWS hereunder on account of or because of such complaint or any matter arising from, relating to or a consequence of the complaint. Furthermore, Customer agrees that should PYRO SHOWS have to collect any amount due PYRO SHOWS hereunder which Customer claims as an offset or which is withheld by Customer on account of, or because of, a complaint not registered with PYRO SHOWS in the time and in the manner specified herein, by law or through an Attorney-at-Law, PYRO SHOWS shall be entitled to collect attorneys' fees in the amount of 15% of the amount owing PYRO SHOWS or the maximum amount allowed by law, whichever is greater, along with all cost of collection. XIII. WORKER'S COMPENSATION/EMPLOYEES: PYRO SHOWS shall provide Worker's Compensation insurance for

its employees only. XIV. PAYMENT TERMS: ORANGE PARK ROTARY CLUB shall pay PYRO SHOWS $12,500.00 plus all applicable

taxes according to the terms and conditions set forth for presenting the Show. Customer shall submit a 50% deposit ($6,250.00) upon return of signed contract by May 28, 2015. Balance will be due in PYRO SHOWS office prior to the day of show. XVI. TAXES: Customer shall be responsible for all applicable sales taxes.

IMPORTANT: Checks must be payable to PYRO SHOWS, INC. All the terms and conditions set forth on any addendum attached to this Agreement are made part of this

Agreement and incorporated by reference herein. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.

PYRO SHOWS, INC.

Date ______ _ Michael E. Walden, Vice President

CUSTOMER

BY: ------------ __________ Date ____ _ Signature Print Name Title

WARRANTY EXCLUSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 be deemed to be, a warranty by PYRO SHOWS for any purpose, nor give rise to any liability or obligation of PYRO SHOWS whatsoever.

IN NO EVENT SHALL PYRO SHOWS BE LIABLE FOR ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY CLAIMED BREACH OF OBLIGATIONS HEREUNDER.

Page 2 of 2

July 4th Contract for Fireworks 1 message

Danielle Judd <djudd@greencovesprings.com>

Danielle Judd <djudd@greencovesprings.com> Tue, May 12, 2015 at 2:08 PM To: Jim Cribb <jimcribb@fwaonline.com> Cc: Felecia Hampshire <councilmemberhampshire@greencovesprings.com>, Mitch Timberlake <mtimberlake@greencovesprings.com>, Pam Lewis <plewis@greencovesprings.com>, Ray Braly <rbraly@greencovesprings.com>, Van Royal <vanroyal@greencovesprings.com>, Ted McGowan <ted@reynoldspark.com>, Jim Arnold <cityattorney@greencovesprings.com>

Jim, I wanted to quickJy get back with you on your request for the City to execute the Rotary Fireworks Contract. I received the contract last Thursday May 7th and immediately sent it to the City Attorney, Jim Arnold.

Both Jim and I reviewed it last Friday, May 8th.

The City is unable to execute the contract because it does not provide for any insurance. I also took the initiative to contact our insurance carrier on this matter last week and they advised me that they cannot insure the fireworks event since it occurs on private property. This is a major difference between what occurred in Orange Park vs. Green Cove; Orange Park fireworks was from a barge in the River, this is on a private pier in Reynolds Industrial park.

I then met with Ted McGowan at the Port last Friday and came up with the thought that would allow Rotary to execute the contract by procuring event insurance for the day. I also spoke to Ted McGowan again this morning and they have already made inquiries on your behalf and will speak with your directly. My guess is the premium would be at least a thousand, give or take and Rotary would complete the insurance application.

I also reviewed the Rotary guidelines I received on May 6th about events that include Fireworks issued July/ October of 2014. It does state ... "If your club decides to enter into a contract with a pyrotechnics company anyway .... your club will have to purchase its own separate insurance policy ... No coverage will be provided through Rotary ... ".

At this point, this appears to be a viable alternative. I have reviewed everything sent to me on this contract thus far. I certainly realize that fireworks is a major piece of the event and have done everything I can think of thus far to keep that item part of the event.

I will be out of the office this afternoon at County Commission meeting, but in again in the morning. Certainly I will do everything I can to assist Rotary so you can produce a wonderful community event but at this point we are unable to execute the contract.

Let me know what other ideas you may have ...

Regards, d

Danielle J. Judd, City Manager

4th of July 5 messages

Cindy Hall <hallcindy12@yahoo.com> Reply-To: Cindy Hall <hallcindy12@yahoo.com> To: Jim Cribb <jimcribb@fwaonline.com> Cc: Danielle Judd <djudd@greencovesprings.com>

Danielle Judd <djudd@greencovesprings.com>

Tue, May 12, 2015 at 6:52 PM

Hi Jim. Danielle. and I just got off the phone. The issues seem to lie with the contract that the vendor supplied. (This is a typical problem governments deal with and one reason they have attorneys!) Orange Park would not have signed it either. We typically either edited a vendor contract or used our own contract. We required the vendor to provide insurance and name us as also insured (as I mentioned earlier) and we also required them to get all permits. One other thing that Danielle mentioned was that the contract specifies that any litigation take place in TN, which local govt attorneys won't allow. And the contract holds RCOP responsible for cleanup. I am not certain what cleanup is involved, but that is something that I don't think the town did. I don't remember that being an issue, so we must not have done.it.

Here is my suggestion: call Sarah and get a copy of the Orange Park contract for fireworks. I believe we are using the same vendor that OP used in the past, so they should be familiar with the contract requirements. Get GCS input, and ask the vendor to honor those contract provisions.

If that doesn't work, we need to buy special event insurance (maybe GCS could help), but we still need to get the vendor to handle the permits and change litigation sites. Permits may take a little while, so time is important here. I don't really know what is involved with cleanup, but hopefully they will handle. It seems like if they have to handle, they might be more careful during the fireworks display.

Let me know if this makes sense to you. I will be available by email and phone starting tomorrow, so feel free to contact.

Good luck!

Cindy

Danielle Judd <djudd@greencovesprings.com> Tue, May 12, 2015 at 6:58 PM To: Felecia Hampshire <councilmemberhampshire@greencovesprings.com>, Mitch Timberlake <mtimberlake@greencovesprings.com>, Pam Lewis <plewis@greencovesprings.com>, Ray Braly <rbraly@greencovesprings.com>, Van Royal <vanroyal@greencovesprings.com>, Jim Arnold <cityattorney@greencovesprings.com>, Ted McGowan <ted@reynoldspark.com>

FYI d [Quoted text hidden]

. I

FW: Show Stopper? 2 messages

Jim Cribb <jimcribb@fwaonline.com> To: djudd@greencovesprings.com

Danielle Judd <dj udd@greencovesprings.com>

Tue, May 12, 2015 at 4:38 PM

I have sent your emails to Pyro Shows. I told Ted I would get back to him tomorrow.

Please look at Cindy's email below.

Jim

James C. Cribb, CFP

Registered Principal

Cambridge Investment Research, Inc.

151-14 College Drive

Orange Park, FL 32065

TEL: 904.264.0520

FAX: 904.264.4176

jimcribb@fwaonline.com

www.fwaonline.com

Securities offered through Registered Representatives of Cambridge Investment Research, Inc., a broker­

dealer, member FIN RA/SI PC. Advisory services offered through Family Wealth Advisors, Inc., a Registered

Investment Adviser. Family Wealth Advisors and Cambridge are not affiliated.

The information in this email is confidential and is intended solely for the addressee. If you are not the

intended addressee and have received this email in error, please reply to the sender to inform them of this fact.

We cannot accept trade orders through email. Important letters, email, or FAX messages should be

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From: Cindy Hall [mailto: hallcindy12@yahoo.com] Sent: Tuesday, May 12, 2015 4:30 PM To: Jim Cribb Subject: Re: Show Stopper?

Jim, When OP held the event, it was also on private property: the barge was not ours, and certainly not Moosehaven or the St. Johns River. We required the fireworks company to have insurance and write us and Moosehaven in as an "also insured." Seem!? like that would be the same here. The fireworks people provide the insurance and write Rotary and Reynolds Park as "also insured" and that is part of the contract with them.

Cindy

From: Jim Cribb <jimcribb@fwaonline.com> To: Alison White <Alison@pyroshows.com> Cc: Cindy Hall <hallcindy12@yahoo.com> Sent: Tuesday, May 12, 2015 3:33 PM Subject: Show Stopper?

Allison,

I don't know if you deal with Rotary Clubs in any of your shows. If you do, you know that Rotary has changed it's policy re: insurance. Specifically, They will not allow us to use Rotary event insurance if we (Rotary) sign for the fireworks. I am sending comments from the City of Green Cove Springs city manager and comments from Ted McGowan at Reynolds Park. What do we do?

Jim

Jim,

I wanted to quickly get back with you on your request for the City to execute the Rotary Fireworks Contract. I received the contract last Thursday May 7th and immediately sent it to the City Attorney, Jim Arnold.

Both Jim and I reviewed it last Friday, May 8th.

The City is unable to execute the contract because it does not provide for any insurance. I also took the initiative to contact our insurance carrier on this matter last week and they advised me that they cannot insure the fireworks event since it occurs on private property. This is a major difference between what occurred in Orange Park vs. Green Cove; Orange Park fireworks was from a barge in the River, this is on a private pier in Reynolds Industrial park.

I then met with Ted McGowan at the Port last Friday and came up with the thought that would allow Rotary to execute the contract by procuring event insurance for the day. I also spoke to Ted McGowan again this morning and they have already made inquiries on your behalf and will speak with your directly. My guess is the premium

would be at least a thousand, give or take and Rotary would complete the insurance application.

I also reviewed the Rotary guidelines I received on May 6th about events that include Fireworks issued July/ October of 2014. It does state ... "If your club decides to enter into a contract with a pyrotechnics company anyway .... your club will have to purchase its own separate insurance policy ... No coverage will be provided through Rotary ... ".

At this point, this appears to be a viable alternative. I have reviewed everything sentto me on this contract thus far. I certainly realize that fireworks is a major piece of the event and have done everything I can think of thus far to keep that item part of the event.

I will be out of the office this afternoon at County Commission meeting, but in again in the morning. Certainly I will do everything I can to assist Rotary so you can produce a wonderful community event but at this point we are unable to execute the contract.

Let me know what other ideas you may have ...

Regards,

d

Jim,

Thanks for that information. The city cannot get insurance as the event is not on their property. We tried as well and our insurer said you need to contact them and have an application started and they can get it. We will be an additional insured but cannot initiate the insurance. We use Beale Marine and Casualty at the number below. John or Roger or someone can help.

The City manager called today and said that you need to get the fire chief to do an inspection and confirm that the location of the fireworks is going to be acceptable. The city is wanting to help anyway they can but they cannot get the insurance, as noted above, or initiate the permit without the application and more information. Let us know how we can help. Thanks.

Ted

James C. Cribb, CFP

Registered Principal

Cambridge Investment Research, Inc.

151-14 College Drive

Orange Park, FL 32065

TEL: 904.264.0520

FAX: 904.264.4176

jimcribb@fwaonline.com

www.fwaonline.com

Securities offered through Registered Representatives of Cambridge Investment Research, Inc., a broker-dealer, member FINRA/SIPC. Advisory services offered through Family Wealth Advisors, Inc., a Registered Investment Adviser. Family Wealth Advisors and Cambridge are not affiliated.

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Jim Cribb <jimcribb@fwaonline.com> Thu, May 14, 2015 at 7:29 AM To: Danielle Judd <djudd@greencovesprings.com>

Danielle, I don't think I forwarded this email from Pyro Shows. Hope we are on the right track. Jim

James C. Cribb, CFP Registered Principal Cambridge Investment Research, Inc. 151-14 College Drive Orange Park, FL 32065 TEL: 904.264.0520 FAX: 904.264.4176 jimcribb@fwaonline.com www. fwaonline.

Securities offered through Registered Representatives of Cambridge Investment Research, Inc., a broker-dealer, member FINRA/SIPC. Advisory services offered through Family Wealth Advisors, Inc. , a Registered Investment Adviser. Family Wealth Advisors and Cambridge are not affiliated.

The information in this email is confidential and is intended solely for the addressee. If you are not the intended addressee and have received this email in error, please reply to the sender to inform them of this fact.

We cannot accept trade orders through email. Important letters, email, or FAX messages should be confirmed by calling 904.264.0520. This email service may not be monitored every day, or after business hours.

Begin forwarded message:

From: Mike Walden <Mike@pyroshows.com> Date: May 12, 2015 at 5:22: 16 PM EDT To: Alison White <Alison@pyroshows .com>, Jim Cribb <jimcribb@fwaonline.com> Subject: RE: Show Stopper?

Jim,

This is simple. I apologize I didn't pay close enough attention to this. Absolutely the Rotary Club will be added as an add itional Insured to our insurance. As far as the fireworks goes anyone including Reynolds Park will be covered . Our insurance is in the amount of $5,000,000 per occurrence. I hope this helps. If you notice in the proposal on the Show Overview page all of these are listed as included.

Thanks,

Micha ~ E. Wa . nJ Vic President ROS OWS

_:;_Q. Bo 1/7 3, t Foe11e, TN 8/ ··66 Te! 80'.J.602.133·1 Celt 4'?3. 9 •' r _ E~ 0~7

President PYRO SHOW'S OF TEXAS 6601 Nfne M .e Azle · d, -t \~/o t • 1X 76135 T~

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From: Alison White Sent: Tuesday, May 12, 2015 5:07 PM To: Jim Cribb Cc: Mike Walden Subject: RE: Show Stopper?

Jim, let me bring Mike Walden in on this and see how best to handle this. We will get back with you.

Thanks!

_~: ' ·¥- .

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- ---- -- ... ----·-····· -·"··-- -----··-·· .. -· . -- ·---·-·-~- .. ---.. ---·-·--·---·---·· ··-···-····-

From: Jim Cribb [mailto:jimcribb@fwaonline.com] Sent: Tuesday, May 12, 2015 4: 57 PM To: Alison White Subject: FW: Show Stopper?

This is the comment from the recently retired Town Manager of Orange Park, FL. Is this all correct? I don't see where the problem is?

[Quoted text hidden]

Contract Agreement ' f-I..

This Agreement, made this If' ,.,~day of :June, 2012, ~~ and between PYRO HeWS,IN1 ., a Tennessee corporatfon, whose address is 701 W. Central Avenue, Suite

2, aFollette, Tennessee 37766 ("PYRO SHOWS") fillfi ::fQWN 0F ORANGE PARK, with its principle place of business located at 204 :Park Avenue, Orange PaiK, Florida ("Customer").

WITNESSEIB In consideration of the mutual promises and undertakings set forth herein, receipt

of said consideration being acknowledged, the parties hereby agree as follows:

I. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to Customer a firework display ("Show") as described in Attached Exhibit "A". The Show will be given on the 4th Day of July 2012, unless Customer shall determine that weather conditions prohibit PYRO SHOWS from proceedings with the Show. In the event that weather conditions as determined by Customer do not allow the Show to proceed on this scheduled date, Customer shall remit to PYRO SHOWS the actual mobilization expenses incurred by PYRO SHOWS in preparation for the Show.

TI. SAFETY: All aspects of the fireworks display shall meet NFP A 1123-20 I 0 edition and all referenced materials as defined by the AHJ.

ID. AMENDMENT & ASSIGNMENT: This Agreement is deemed personal and confidential to Customer only, and may not be sold, assigned, amended or transferred without the prior written consent of PYRO SHOWS.

IV. COMPLIANCE WITH THE LAWS AND REGULATIONS: This Agreement is made expressly subject to Customer and PYRO SHOWS expressly agreeing to comply with and abide by all applicable laws, ordinances, codes and regulations insofar as the same may be applicable to the terms and conditions of this Agreement, including all rules and regulations now existing or that may be promulgated under and in accordance with any such law or laws.

V. PERMITS AND LICENSES: PYRO SHOWS shall obtain and maintain, at its own ~~P!!!~~~,~l! necessary perinits a11crliC-ensesTo-ena:hle

··-py:RosHows··1a-·perform fully ,hereunder unless otherwise forbidden by any other applicable statue, rule or otherwise. It is herby stipulated that this Agreement is to be construed and governed by the laws of the State of Florida, and any suit involving this contract shall be brought in the Courts of Cl(ly County in the State of Florida.

VI. LATE PAYMENT: PYRO SHOWS shall charge, and Customer agrees to pay, one and one half percent (1 Yz%) per month late payment fee for each month until PYRO SHOWS is paid the amount set forth in Paragraph X herein. The stated late payment fee shall begin to run from the

applicable date(s) established in the Proposal, unless this provision is prohibited by law.

VII. MUTUAL CANCELLATION: . . In the event of fire, accidents, strikes, delay, flood, acts of God, or causes beyond the control of PYRO SHOWS, which preclude PYRO SHOW~ from presenting the Show, the parties .,­hereto release each other from any and all perfo1mance of the covenants herein and from damages resulting from breach hereof.

VIII. ADVERTISEMENT AND PROMOTIONS: Customer agrees to state that fireworks display is being provided by Pyro Shows in all advertisements and promotions. Furthermore, Customer agrees to allow Pyro Shows to use sponsors name in Pyro Shows list of clients and any Pryo Shows advertisements and promotions.

IX. WORKERS COMPENSATION: PYRO SHOWS shall provide Worker's Compensation insurance for its employees only.

X. PAYMENT TERMS: Customer shall pay PYRO SHOWS in accordance with attached Exhibit "A."

XI. SALES TAXES: Customer shall be responsible for all applicable sales tax.

XII. INSURANCE: PYRO SHOWS shall maintain insurance coverage as set forth in attached Exhibit "B" and list Customer, Moosehaven, Inc., RCOP Charitable Foundation, and Orange Park Rotary Club, Inc. as additional named insured with regard to said coverage.

IMPORTANT: Checks must be payable to PYRO SHOWS, INC.

All the terms and conditions set forth on any exhibit attached to this Agreement are made part of this Agreement and incorporated by reference herein.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year frrst above J'.\''_ritten. ·

/'------ ) -~ PYRO SHO~- IN~ .. #·.· . . ·~~/----~- .. /

crfl~ .--· ~/;;-/~,· r ~---- / ~..---_ y .f. '."#~ /' /<,...... '

By .. ,,, ·~it·~ -: ..- _y'? · Date /[J /L--

:~STOau Date 6 -..10 -IL

Exhibit "A"

1. The Customer will advise PYRO SHOWS of one of the following display options based on funding availability:

Option A $15,000 Total shell count of972, Low level presentation of 2,900, combined total of3,872 (As described in the Proposal for Fireworks Display)

· Option B $17,500 Total shell count of 1,076, Low level presentation of 3,200, combined total of 4,276 (As described in the Proposal for Fireworks Display)

Option C $20,000 Total shell count of 1,152, Low level presentation of 3,600, combined total of 4,752 (As described in the Proposal for Fireworks Display)

Option D $25,000 Total shell count of 1,476, Low level presentation of 5,400, combined total of 6,876 (As described in the Proposal for Fireworks Display)

2. PYRO SHOWS, INC. will invoice the Customer on the day of the show based on the display option selected. Payment will be made within 10 days of receipt of ·invoice.

Exhibit "B"

(Copy of PYRO SHOWS, INC. Certificate oflnsurance naming the Town of Orange Park, Moosehaven, Inc., RCOP Charitable Foundation, and Orange Park Rotary Club,

Inc. as additional insured.)

Contract Agreement

This Agreement, made this 3rd day of. Jane, 2011, by and betwe n PYltO SHOWS, INC., a Timnessee corporation, whose a ress is 701 W. Central A venue, Suite 2, Lafollette, Tennessee 37766 ("PYRQ SHOWS") and I OWN OF ORANGE PARK, with its principle place of business located at 2042 Park '.Avenue, Orange Park, Florida ("Customer").

WITNESSETH In consideration of the mutual promises and undertakings set fo_.rth herein, receipt

of said consideration being acknowledged, the parties hereby agree as follows:

I. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to Customer a firework display ("Show") as described in Attached Exhibit "A". The Show will be given on the 4th Day of July, unless Customer shall determine that weather conditions prohibit PYRO SHOWS from proceedings with the Show. In the event that weather . conditions as ·determined by Customer do not allow the Show to proceed on this scheduled date, Customer shall remit to PYRO SHOWS the actual mobilization expenses incurred by PYRO SHOWS in preparation for the Show.

Il. SAFETY: All aspects of the fireworks display shall meet NFPA 1123-2010 edition and all referenced materials as defined by the AHJ.

ill. AMENDMENT & ASSIGNMENT: This Agreement is deemed personal and confidential to Customer only, and may not be sold, assigned, amended or transferred without the prior written consent of PYROSHOWS.

IV. COMPLIANCE WITH THE LAWS AND REGULATIONS: This Agreement is made expressly subject to Customer and PYRO SHOWS expressly agreeing to comply with and abide by all applicable laws, ordinances, codes and regulations insofar as the same may be applicable to the terms and conditions of this Agreement, including all rules and regulations now existing or that may be promulgated under and in accordance with any such law or laws.

V. PERMITS AND LICENSES: PYRO ~WS shall obtain and maintain, at its own expense, all necessary permitsana··1rceiise·s-t0--·eiiable·· .. ·-·---..

---P¥RG-SHO-WS..-to-perfoi:m~fully-hereundermrless-oiher-wise forbidden by any other .applicable statue, rule or otherwise. It is herby stipulated that this Agreement is to be construed and governed by the laws of the State of Florida, and any suit involving this contract shall be brought in the Courts of Clay County in the State of Florida.

VI. LATE PAYMENT: PYRO SHOWS shall charge, and Customer agrees to pay, one and one half percent (1 Yi%) per month late payment fee for each month until PYRO SHOWS is paid the amount set forth in Paragraph X herein. The stated late payment fee shall begin to run from the

applicable date(s) established in the Proposal, unless this provision is prohibited by law.

VII. MUTUAL CANCELLATION: ~n the event of fire, accidents, strikes, delay, flood, acts of God, or causes beyond the control of PYRO SHOWS, which preclude PYRO SHOWS from presenting the Show, the parties hereto release each other from any and all performance of the covenants herein and from damages resulting from breach hereof.

VIII. ADVERTISEMENT AND PROMOTIONS: Customer agrees to state that fireworks display is being provided by Pyro Shows in all advertisements and promotions. Furthermore, Customer agrees to allow Pyro Shows to use sponsors name in Pyro Shows list of clients and any Pryo Shows advertisements and promotions.

IX. WORKERS COMPENSATION: PYRO SHOWS shall provide Worker's Compensation insurance for its employees only.

X. PAYMENT TERMS: Customer shall pay PYRO SHOWS in accordance with attached Exhibit "A."

XI. SALES TAXES: Customer shall be responsible for all applicable sales tax.

XII. INSURANCE: PYRO SHOWS shall maintain insurance coverage as set forth in attached Exhibit "B" and list Customer, Moosehaven, Inc., RCOP Charitable Foundation, and Orange Park Rotary Club, Inc. as additional named insured with regard to said coverage.

IMPORTANT: Checks must be payable to PYRO SHOWS, INC.

All the terms and conditions set forth on any exhibit attached to this Agreement are made part of this Agreement and incorporated by reference herein.

IN WITNESS WHEREOF, the p~rties have hereunto set their hands and seals the day and year first above written.

PYRO!!!~ _....._....../ -~JI By~~~/( CUS~ER

By~ (__ M y Date-¥1//

Exhibit "A"

1. The Customer will advise PYRO SHOWS ofone of the following display options based on funding availability:

Option A $15,000 Total shell count of972, Low level presentation of2,900, combined total of3,872 (As described in the Proposal for Fireworks Display)

OptionB $17,500 Total shell count ofl,076, Low level presentation of3,200, combined total of 4,276 (As described in the Proposal for Fireworks Display)

Option C $20,000 Total shell count ofl ,152, Low level presentation of3,600, combined total of 4, 752 (As described in the Proposal for Fireworks Display)

OptionD $25,000 Total shell count of 1,4 76, Low level presentation of 5,400, combined total of 6,876 (As described in the Proposal for Fireworks Display)

2. PYRO SHOWS, INC. will invoice the Customer on the day of the show based on the display option selected. Payment will be made within 10 days of receipt of invoice.

Exhibit "B"

(Copy of PYRO SHOWS, INC. Certificate oflnsurance naming the Town of Orange Park, Moosehaven, Inc., RCOP Charitable Foundation, and Orange Park Rotary Club,

Inc. as additional insured.)

ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY)

~- 06/10/2011

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT MCGRIFF, SEIBELS & WILLIAMS, INC.

NAME:

P.O. Box 10265 ;~gNNEo Extl: 800-476-2211 I rffc Nol: Birmingham, AL 35202 E-MAIL

ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#

INSURER A :James River Ins Co INSURED INSURER B :Praetorian Insurance Company 37257 Pyro Shows, Inc. Pyro Shows dba Event One FX INSURERC: 701 West Central Avenue LaFollette, TN 37766 INSURERD:

INSURERE:

INSURERF:

COVERAGES CERTIFICATE NUMBER:L9STQR6Z REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE AODL SUBR '~~15g~l POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMM/DD/YYYYl

A GENERAL LIABILITY 000401011 10/01/2010 10/01/2011 EACH OCCURRENCE $ 1,000,000 - UAMAGE TO RENTED x COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence\ $ 100,000 ~

~ CLAIMS-MADE CR] OCCUR MED EXP (Any one person) $

I PERSONAL & ADV INJURY $ 1,000,000 -

GENERAL AGGREGATE $ 5,000,000 -

GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000

~ POLICY rxl ~~8-r nLOC $

B AUTOMOBILE LIABILITY PICGA0001716 10/01/2010 10/01/2011 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) - x ANY AUTO BODILY INJURY (Per person) $ 1,000,000 - -ALL OWNED SCHEDULED BODILY INJURY (Per accident) $

- AUTOS AUTOS x x NON-OWNED rp~~~~d~gAMAGE $ HIRED AUTOS AUTOS x Non-Own Phys -

Dmq Comp. $1000 deductible Coll. $1000 deductible A UMBRELLA LIAB M OCCUR

000401021 10/01/2010 10/01/2011 EACH OCCURRENCE $ 4,000,000 -x EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000

OED I I RETENTION$ $ WORKERS COMPENSATION

I fo2~l~~Ws I IOTH-AND EMPLOYERS' LIABILITY ER

YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D

N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $

$ $ $ $ $

DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Fireworks Display: July 4, 2011 Town of Orange Park; Moosehaven, Inc.; RCOP Charitable Foundation; Orange Park Rotary Club

I CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

Town of Orange Park AUTHORIZED REPRESENTATIVE Q 2042 Park Avenue , . (,d f>lj . .-~l··~e. Orange Park, FL 32073

Page 1of1 © 1988-2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD

ACORD& CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY)

~ I I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE·: POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. 11 SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER (423)562-2112 CONTACT NAME:

E.E. Hil I & Son, Inc. PHONE I FAX

House Account IA/C No Ext): (A/C, Nol: E·MAIL

PO Box 1406 ADDRESS: PRODUCER

Lafo 11 ette, TN 37766 CUSTOMER ID#:

INSURER(S) AFFORDING COVERAGE NAIC#

INSURED INSURER A: COMPANION PROPERTY & CASUALTY PYRO SHOWS, INC., BIG CREEK ENTERPRISES, INC. INSURER B:

701 W. CENTRAL AVE., SUITE 2 INSURER C:

LAFOLLETTE, TN 37766 INSURER D :

(423)566-5729 Ext. INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE

ADDL SUBR POLICY EFF POLICY EXP LTR IN!':l'l WVD POLICY NUMBER <MM/DD/YYYY) IMMJDD/YYYY\ LIMITS

GENERAL LIABILITY EACH OCCURRENCE $ -DAMAGE TO RENTED

-COMMERCIAL GENERAL LIABILlll' PREMISES !Ea occurrence\ $

D CLAIMS-MADE D OCCUR MED EXP (Any one person) $

PERSONAL & ADV INJURY $ -GENERAL AGGREGATE $ -

GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $

1 POLICY n ~r2-r nLOC $

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - (Ea accident)

ANY AUTO BODILY INJURY (Per person) $ -- ALL OWNED AUTOS BODILY INJURY (Per accident) $

>--SCHEDULED AUTOS

PROPERTY DAMAGE HIRED AUTOS (Per accident)

$

-NON-OWNED AUTOS $ -

$

UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $

- DEDUCTIBLE $

RETENTION $ $ WORKERS COMPENSATION x I fo~$IfJ1~s I jOTH-AND EMPLOYERS' LIABILITY ER

Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE w E.L. EACH ACCIDENT $ 1,000 000

A OFFICER/MEMBER EXCLUDED? Y N/A WTN3584848 02/02/11 02/02/12 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1.000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 000

DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) .• ~, CERTIFICATE HOLDER CAN CELLA llON

SAMPLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

COPY ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

I © 1988-2009 ACORD CORPORATION. All rights reserved.

ACORD 25 (2009/09} The ACORD name and logo are registered marks of ACORD

DIRECT ATF COARESPONDIENCE TO

WIME

LJL-1 "'I I IVIL-111 I vi- Inc I ni.::.Moun I - ovrncMV vr ML.VVI 1v1.., I VDl""\\J\..JU MlllU r1nt::MI llVI.::>

UC!ENSE/PERM1T (18 U.S.C. CHAPTER 40, EXPLOSIVES) In accordance wilh the provisions of Title. XI, Organized Crime Control Act of 1970, and the regutatlons Issued thflieunder (~7 CFR Part 555)11ou may engage In the activity specified in this license/permit within the limitations of Ct.apter 40, TUk! 18, United States Code and the r~gulaiions Issued thereunder, unm the explrQtlon date shown. See "WA!itNING" and "NOTICES'" ©n bea~k.

1 ·TN·013·20-2G-12206 .,.,

July 1, 2012

PYRO SHOWS INC

ATF F 5400.14/5400.15, Part 1 (B/89)

DIRECT ATF CORRESPONDENCE TO

NAME

DEPARTMENT OF THE TREASURY - BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

LICENSE/PERMIT (i 8 U.S.C. CHAPTER 40, EXPLOSIVES) In accordance with the provisions of Title XI, Organized Crime Control Act of 1970, and the regulations issued U1ereunder (27 CFR Part 555)¥0U may engage in the activity specified in this llcense/permit within the limitations of Chapter 40, litle 1B, United States Code and the regulations issued thereunder, until the expiration date shown. See "WARNING" and "NOTICES" on back.

1 • TN·013·24·2G·12205 .

July 1, 2012 .

PYRO SHOWS INC

TYPE OF LICENSE OR PERMIT

ATF F 5400.14/5400.15, Part 1 (8/89)