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MEMORANDUM OF AGREEMENT This Agreement documents the duties, responsibilities, and authorities concerning the operation of the Pahrump Fireworks Safety Site ("site") at the Pahrump Fairgrounds Park property. The agreement is between the individual members of the Nye County Fireworks Association ("NCFA"), an informal association of the five fireworks dealers operating within the Town of Pahrump, and the Town of Pahrump ("Town"). 1. Term - This Agreement shall be effective from January 1, 2024, until December 31, 2024 and shall automatically renew each year for an additional one-year term unless either the Town or a maiority of NCFA members provide written notice of their intent to terminate this Agreement at least thirty days prior to renewal. The notice of intent to terminate must be provided on or before the first day of November of the applicable year. 2. Location - The location of the Site will be the approximately 20 acre fenced-in, unpaved area of the Pahrump Fairgrounds Park property adracent to the paved parking area off Fox Avenue. The Site will be provided by the Town of Pahrump. The site will include twenty separate safety stations (five rows of four). There will be a fifty (50) foot clear zone between each row of four safety stations. 3. Products - Only 1.4G consumer fireworks shall be permitted to be discharged from the safety stations at the Site. 4. Site Ooerations - The Site shall be operated through a joint effort of the Town of Pahrump and the individual members ofthe NCFA. The Town will provide two employees for each event. One Town employeewill be stationed at the entrance gate and will control admission to the Site. The second Town employee will escort the Site pass holders and their product to the assigned safety station. Therewill be a maximu m of five people per station, and admission to the Site is perm itted only by possession of a Fireworks Safety Pass (Pass) purchased together with product(s) from one of the retail fireworks sales locations in Pahrump operated by the signing members of the NCFA. On each launch date, the individual members of the NCFA as a whole will provide a minimum of seven employees to monitor four safety stations each, and one to coordinate their efforts onsite (onsite coordinator). For launch dates held on July 3'd and July 4'h of every year, the individual members of the NCFA as a whole will provide a minimum of ten (10) employees to monitor four safety stations each, and one to coordinate efforts onsite. Additionally, the Town's B&G Department will provide four employees to monitor and control the parking lot and check-in station. Notwithstanding the forgoing provisions, the onsite coordinator may adjust the above staffing levels as needed. Each member of the NCFA shall provide a list of employees scheduled to work each launch date to the Town Shoot Coordinator at least two weeks prior to each scheduled ---PAGE BREAK--- launch date. Each employee will communicate with the Town Shoot Coordinator when the Pass holders have finished at each safety station to arrange for transport of the Pass holders off the Site. The Town of Pahrump will provide solar path lightinB for the paths to the safety stations, and a safety platform, fire suppression equipment, flashlight, launching racks, trash containers and lighters for each of the twenty (20) safety stations. The Town of Pahrump will also provide one transport vehicle to transport Pass holders from the entrance gate to the safety sites and, when finished, back to the entrance gate. The Town of Pahrump will provide portable rest room facilities, dust control, and a trash receptacle for each event. The Town will also secure a dust control permit from Nye County and ensure best management practices are followed. Prior to the end of each launch date, each Dealer's employee shall complete a timesheet indicating the amount of hours worked by the employee on the launch date and provide it to the Town shoot coordinator for review and approval. The Town shall provide the NCFA member that provided the employee one safety site pass for every half hour worked by the employee. Except that the hours worked by the onsite coordinator will be compensated at a rate of two passes per half hour. 5. Dates of operation - The Fireworks Safety Site will be open to the public on the following days or as amended by the annual launch calendar which will be approved by the County Manager by January 3oth of each year: Memorial Day Weekend 3 days May 24 - May 26 7:00 pm - 11:00 pm lndependence Day 6 days Labor Day Weekend 4 days ,une 29 - June 30 .,uly1-July4 Aug 30 - Aug 31 Sepl-Sept2 7:00 pm - 11:00 pm 7:00 pm - midnight 7:00 pm - 11:00 pm 7:00 pm - 11:00 pm Black Friday Weekend 2 days Nov 29 - Nov 30 5:OO pm - j.j.:OO pm New Year's Eve 4 days 5:00 pm - 11:00 pm 5:00 pm - midnight TOTAT 19 days 6. Demonstration Oates - Each member of the NCFA shall be permitted to use the Site for product demonstrations on the following dates Phantom Fireworks the first Friday in May Red Apple Fireworks the first Saturday in May Dec 28 - Dec 29 Dec 30 - Dec 31 Blackjack Fireworks the second Saturday in April ---PAGE BREAK--- Area 51 Fireworks the last Saturday in April Outlaw Fireworks the (awaiting date from Dan) NCFA members may request demonstration dates for 2024 after executing a new Memorandum of Agreement fot 2024 no earlier than November 2, 2023. The Town Buildings and Grounds Manager may approve alternate dates if a demonstration date is cancelled due to inclement weather or other factors. Pursuant to Nye County Code 8.04 all product demonstrations must occur at the Safety Site unless an alternate site is approved by the County Manager. 7. Rules of Ooeration - a. No members of the public will be admitted to the Site without a Safety Site Pass. Those without a Pass may park in the paved parking lot to view the fireworks displays on a space- available basis. After showing a valid Pass to the employee at the entrance gate, the Pass holders will be transported to a designated safety station. b. Amaximumof five people per Safety Pass will beallowed per Safety Station. Noone under the age of 18 will be adm itted to the Site. Each Passholderand any accompanying person will be required to read and sign a release of liability and safety form. When finished, the Pass holders and the spent fireworks will be transported back to the entrance gate where the spent fireworks will be disposed of. No fireworks may be discharged in the parking lot. The discharge of fireworks will be limited to the hard, flat surface located at each safety station. c. No alcohol, tobacco, drugs, or non-prescription pharmaceuticals will be permitted on the Fireworks Safety Site. Anyone appearing to be under the influence of alcohol or drugs will be denied access to the Site and asked to leave the area. d. A thirty (30) minute time limit per station will be enforced if there are additional Pass holders waiting for available stations. e- Weather and other conditions will be monitored, and the Site will be closed if public safety or weather conditions make the discharge of fireworks unsafe. f. Public safety and weather considerations will be at the sole discretion of Town officials- 8. comoensation - Each year, each of the five undersigned members of the NCFA will pay the Town of Pahrump SlO,OOO each. ln retu rn, each u ndersigned compa ny will receive two thousand (2,OOO) Passes to be made available for sale to the public with the purchase of fireworks. Additional passes may be purchased for 55.00 per pass in lots of two hundred (200). The cost of one pass will be assessed to each transaction involving a 1.4G consumer fireworks sale in the Town, except in the instance of a customer who purchases fireworks in multiple transactions in one 24-hour period. The Pass holder must show a valid Fireworks Safety Pass to obtain entrance to the site. No transaction involving 1.4G consumer fireworks sha ll ta ke place in the Town without the Shooter Site pass fee included as an added consideration to the transaction. The Town shall procure sufficient passes each year to offer for sale to the members of the NCFA. ---PAGE BREAK--- 9. lnsurance - NCFA Each unders igned member of the NCFA will provide at least a 51,000,000.00 Commercial General Liability lnsurance policy including product liability insurance. Such insurance shall name the Town of Pahrump as an additional insured. Certificates of lnsurance evidencing coverage including the additional insured must be supplied prior to each event unless the policy shows it covers all of the events. The Town shall provide Safety Site Passes to the NCFA equal in monetary value to the insurance premium for the policy specified above rounded to the nearest five dollars. lf any employees of the undersigned members of the NCFA work any event, each NCFA member shall maintain workers compensation coverage as required by law. 10. lnsurance - Town of Pahrump - The Town of Pahrump is a Member of the Nevada Public Agency lnsurance Pool and Public Agency Compensation Trust and shall maintain coverage for its ownership and operations regarding the event. 11. Hold Harmless and lndemnification - Town of Pahrump assumes no responsibility or liability for the safety or efficacy of the fireworks supplied by the undersigned members of the NCFA or for the safe operation of the fireworks by the individual members of the NCFA or the Safety Pass holders. Each member of the NCFA agrees to hold harmless and indemnify the Town of Pahrump for each event. Each Safety Pass holder shall sign a permit including a hold harmless and indemnification of the Town of Pahrump. 12. 149!gl!9! - Any member ofthe NCFA who violates the provisions of this Agreement or any federal, state, or local law may incur one or more of the following penalties: Loss of or reduction in Safety Site passes; loss of access to the Safety Site for product demonstrations or product testing; fines not to exceed 5500 per incident- lf a severe violation occurs, the County Manager may bring the matter before the Board of County Commissioners to consider revocation of the respective member's fireworks permit. Town of Pahrump ,ltlr Members of the Nye County Fireworks Association ---PAGE BREAK--- Phantom Fareworks Printed name Red Apple Fireworks Printed nam€ Blackjack Fireworks Printed name Area 51 Fireworks Outlaw Fireworks Printed name Printed name