Loading...
HomeMy WebLinkAbout2016 Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday,June 09, 2016-10:22 AM To: 'cutfd@optonline.net' Subject: Emailing: Fireworks Aplic Matt En_20160609090733 Attachments: Fireworks Aplic Matt En_20160609090733.pdf Dear Chief William A. Brewer, Attached, please find application for Fireworks Permit of Mattituck Environ/Stanley Lomangino for display on July 4, 2016 at 9205 Skunk Lane,Cutchogue, NY. In accordance with the Southold Town POLICY regarding the issuance of Fireworks Permits, all applications require the approval of the Fire Chief of the District in which the display will take place. Please review the attached application and send me your recommendation in writing at your earliest convenience.Thank you. Elizabeth A. Neville, MMC Southold Town Clerk&FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext.228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Fireworks Aplic Matt En_20160609090733 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday,August 04, 2016 2:26 PM To: Duffy, Bill; Flatley, Martin; Fisher, Robert Subject: FW: Emailing: Fireworks 8_20160726125655 Attachments: Fireworks 8_20160726125655.pdf Importance:- High FYI I need your recommendations on this one. Thank you. Betty -----Original Message----- From: Neville, Elizabeth Sent:Tuesday,July 26,2016 2:06 PM To: Duffy, Bill; Flatley, Martin; Fisher, Robert;Spiro, Melissa; cutfdQa optonline.net I Subject: Emailing: Fireworks 8_20160726125655 Importance: High Please review the attached Fireworks Application and send me your comments/recommendations at your earliest convenience. Thank you. Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Fireworks 820160726125655 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. , 1 Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday,July 26, 2016 2:06 PM To: Duffy, Bill; Flatley, Martin; Fisher, Robert; Spiro, Melissa; cutfd@optonline.net Subject: Emailing: Fireworks 8_20160726125655 Attachments: Fireworks 8_20160726125655.pdf Importance: High Please review the attached Fireworks Application and send me your comments/recommendations at your earliest convenience. Thank you. Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Fireworks 820160726125655 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. i �®g 'FFOC�g-c0 ELIZABETH A. NEVILLE,MMC �y� Gy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 C*3 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER q°� ®t' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: William M. Duffy,Town Attorney Chief of Police Martin Flatley Robert Fisher, Fire Inspector Melissa Spiro, Land Coordinator Cutchogue Fire Department From: Town Clerk Elizabeth Neville Date: July 25, 2016 Re: Fireworks Application of Mattituck Environmental/Stanley Lomangino August 13,2016; Rain date:August 14, 2016 Transmitted herewith is the application for a Fireworks Permit for Mattituck Environmental/Stanley Lomangino for a fireworks display on August 13, 1026 Rain date:August 14,2016. Please advise if you have any objections to a permit being issued. Thank you. RECEIVED JUL 2 5 2k1ei FQL�c6 Southold Town ELISABETH A.NEVILLE,MMC o oZ° a Town Hall,53095 Main Road TOWN CLERK BO.Box 1179 CO2Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ro Fax(631)765-6145 MARRIAGE OFFICER1 �0� Telephone(631)765-1800 RECORDS OF MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION PERMIT TO DISPLAY FIREWORKS APPLICATION IS HEREBY MADE, pursuant to the provisions of Section 405.00 of the Penal Law of the State of New York,for a permit to display fireworks as hereinafter specified: DISPLAY IS TO BE SPONSORED BY Mattituck Environmental PRINCIPAL OFFICE AT 800 Wickham Avenue, Mattituck, NY 11952 DATE&TIME OF DISPLAY 8/13/16 @ 9:15 pm EXACT LOCATION OF DISPLAY Private Beach-9205 Skunk Lane,Cutchogue,NY SUFFOLK COUNTY TAX MAP NUMBER FOR SITE RAIN DATE&TIME 8/14/16 between 9:45 pm & 10:00 pm The following persons are to be in charge of the actual shooting of the fireworks: Name Age Experience Physical Condition Robert- Ceely dob:4/15/16 5 years + Health: Excellent (Additional names and information may be submitted on an attached sheet Number and type of fireworks is as follows: 1.3G fireworks: 2"=450, 2.5"=554. Cakes=30. Manner and place of storage of fireworks prior to display: Delivery day of display. Attached hereto and made a part of hereof is a diagram of the grounds on which the display is to be held. Also attached is a certificate or policy of insurance coverage. NOTICE: Written permission,with signature of the Property Owner,must be submitted with the Application. —, J IVA qmt/ - 11()f1rd/1 I FEE: $100 rg nation See policy--for additional information B Sign Lure f Applicant at6 of Application * * * RECEIPT * * * Date: 07/25/16 Receipt#: 211070 Quantity Transactions Reference Subtotal 1 Fireworks 8/13/16 $100.00 Total Paid: $100.00 Notes: Payment Type Amount Paid By CK#52043 $100.00 Mattituck, Environmental Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Mattituck, Environmental Po Box 1402 Mattituck, NY 11952 Clerk ID: BONNIED Internal ID 8/13/16 r Neville, Elizabeth From: Jo-Anne Triolo <joanne@bayfireworks.com> Sent: Wednesday,July 20, 2016 4:32 PM To: Neville, Elizabeth Subject: Re:Application Attachments: Lomangino Party 2016175 ft 2.5 inch jpg Hi Elizabeth Please include the attached site map with the permit application for Mr. Lomangino's event on August 13th. It shows the correct fall out zone for the product being used. I appreciate it....thank you. Sincerely, Jo-Anne On Tue, Jul 19, 2016 at 2:14 PM, Stanley Lomangino<slomanig no&meslincom>wrote: Elizabeth, This is coming in the mail to you. Stanley F. Lomangino slomangino@mesliny.com -----Original Message----- From: mesdispatch@,lnesliny.com [mailto:mesdispatch@amesliny.com] Sent: Monday, July 18, 2016 9:53 PM To: Stanley Lomangino <sloman ig no@ ,mesliny.com> Subject: Scan from a DELL MFP Please open the attached document. It was scanned and sent to you using a DELL MFP. For more information on DELL products and solutions,please visit hqp://www.dell.com. Jo-Anne Triolo Pyro Engineering Inc. dba Bay Fireworks 999 South Oyster Bay Road, Suite 111 Bethpage, NY 11714 516-597-5500 Phone/516-597-5507 Fax i ,4c40RV CERTIFICATE OF LIABILITY INSURANCE DATE/MM/O0YYYY) D4128/2016 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 Allied Specialty Insurance, Inc. NAME: -- -- _ P `Y PHONE FAX -- --- - ---- 10451 Gulf Boulevard 6I.c Ne--fli: TiAIC.Noz______ E-MAIL Treasure Island, FL 33706-4814 ADDRESS: — 1-800-237-3355 INSURERS AFFORDING COVERAGE NAIC N INSURERA:T.H.E. Insurance Company _—_1)f12866 INSURED INSURER B: Pyro Engineering, Inc. dba: Bay Fireworks INSURERC: --__-- _ - - 999 South Oyster Bay Rd., Suite 111 INSURERD: _ `- _ - - V - -_J---------`Bethpage, NY 11714 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. I TR TYPE OF INSURANCE lrAODL SUBR POLICY NUMBER rPOLICY EFF POLICY EXP - I I MWDD I MWDDIYYYY LIMITS A GENERAL LIABILITY EACH OCCURRENCE _1$1,000,000 CPP0101284-06 02/15/2016 02/15/2017 DAMAGE TO RENTED -" "--""- X COMMERCIAL GENERAL LIABILITY I I -� _ ^ PREMISES Ea occurrence)—j•$100,000 CLAIMS-MADE OCCUR MED EXP(Any one person) f_$N_/A PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $ v_ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY PRO ,LOC Protection&Indemnity Is1,000,000 - I AUTOMOBILE LIABILITY I INGLE LIMIT A COMBINED S 1 I CPP0101284-06 02/15/2016 02/1512017 .(Ea accident 1 1,000,000 ANY AUTO I I BODILY INJURY(Per person) I$ ALL i AUTOS OWNED i�( AUTOSSCHEDBODILY BODILY INJURY(Per accident)i$ `^ r— NON-OWNED PROPERTY DAMAGE I I x i HIREDAUTOS X_ AUTOS I I Per accident —L$ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $4,000,000-- -- X EXCESSLIAB ELP0010292-06(VL) 02/15/2016 02/15/2017 -----. CLAIMS-MADE AGGREGATE $4,000,000 DED I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS'LIABILITY Y r N WCP0005167-002 02/15/2016 02/15/2017 ANY PROPRIETORIPARTNERIEXECUTIVE 1$E.L.EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? NIA Coverage is afforded in the Slate(s)of:CT, E,FL,GA,IL, MA,MD,NC, -"----'--- (Mandatory In NH) 1 If yes,describe under I NJ,NV,NY,PA,RI,SC,TX&VA Policy dies not provide d sability benefits E.L.DISEASE•EA EMPLOYE $ ,000,000- - - DESCRIPTION OF OPERATIONS below In New York. - i 1 E.L-DISEASE-POLICY LIMIT $1,000,000 A EXCESS LIABILITY/OCCUR i ELP0010296-06(GL) 02/15/2016 02/1512017 EACH OCCURRENCE$9,000,000 AGGREGATE$9,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) DISPLAY DATE:08/13 RAIN DATE: 08/14/16 LOCATION:9205 Skunk Lane,Cutchogue NY RE:GENERAL LIABILITY,THE FOLLOWING ARE NAMED AS ADDITIONAL INSURED IN RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY:Town of Southolds;Anthony Lomangino(property owner)The Love Family LLC CERTIFICATE HOLDER CANCELLATION Mattituck Environmental Thirty(30)Days Notice of Cancellation Applies SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 800 Wickham Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Mattituck NY 11952 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cert#2600 7 p �( ,�'em ©1988-2010 ACO D CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD U.S.Department of Justice Federal Explosives License/Permit Bureau of Alcohol.Tobacco.Firearms and Explosives (I8 U.S C. Chapter 40) uuntatHuaalnpr,ttaW nwa:n>tui In aceordancelyith the provisions of Title X1.Organized Crime Control Act of 1970,and the regulations issued thereunder(27'CFR Part 555),you may cngego in the activity specified in this license or permit within the limitations orChapter40,Title 18,United States Code and the regulations issued thereunder,until the expiration date sho%%n. TH1S•LiCENSE IS N9T TRANSFERABLE UNDER 27 CFR 55.5.53. See"WARNMGS"and"NOTICES"on reverse. Direct ATF ATF-Chief,FELC LicensePetmit Correspondence To 241 Need)-Road Number 6-NY-059-51-7E-001 2• Martinsburg.WV 25405-9431 Chief.Fedzmz;z nter(FEL. Expiration R• DateName DBA BAY FIREWORKS&INTNTL PYRO IMPORTER(IPI) Premises Address(Changes? 10daysbeferethemove.) 999 SOUTH OYSTER BAY RD,SIATE 111 BETHPAGE NY 11714- Type 1714Type of License or Permit 51-IMPORTER OF EXPLOSIVES Purchasing Certification Statement Mailing Address(Changes?Nolif\•the FELC of any changes.) 'the licensee or penniuee named above shall usc_a copy of this license or permit to x0st a transferor of explosives to verifvthe ideality and the licensed status ofthe licensee or pennitteeasprovidedby27CFRP3d 555.ZliesianatureoneadtcanymuAbcanoripinal PYRO ENGINEERING INC sia nature.A feud.scanned or emailed rnpr•ofthe license or p2miit with a sigtaiura iniended to be an original sigpature is acceptable.•the signature must•bethat oftha Federal DBA BAY FIREWORKS&INTNTL PYRO IMPORTER EVIesives Licensee(FEL)or a responsible person ofthe FEL..1 certify thatthis is a We (IPI) copy ofa license or permit issued to the licensee or parniaw named above to ei%age in the gggSOIITHOYSTERBAYRDSU1TE111 lxnsiwa or operations specified above under-11y7e of License or Permit." ego 6oAGE,NY 1 ER B Licensee Permittee Rdsponsiblc Person Sigm'aturc Position•Titic Printed Name Date AIT ra,m serol,:s::uitc rpt i PrarousEduiatisObsolete aimf taravcsttmuaansuutnmsattuc+mumaaanaat»n,t+.fituiaociatfalaieratt RmisedWobs2tt11 Federal Explosives License(FEL)Customer Service Lnformation Federal Explosives Licensing Centc((FELC) Toll-I,ee Telephone Number: (877)283-3352 ATF Homepage:uslw.ulLgdv 241 Needy Road FimNumber. (304)616-4401 Martinsburg.WV25405-5431 E-mail: FELCdatf.goy Urango of Address (27(FR-SSS.Sdia)11)j- Licensees or pennitiees may during the term oftheir current license or permit remove their business or operations to a nosy location at which they intend regularly to cam on such business or operations. The licensee or penuittec is required to$ive notification ofthe now location ofdhc business or operations not less than 10 days priorto such removal%ith the Chief,Federal Explosives Licensing Center. The license orpernnit%%ill.be valid fur the remainder ofthc term of the original license or permit. (Tine Chief,FELC,shrill,if the licensee or permittee is not,qualilfed,refer the request far amended license or permit to the Director of Industry Operations for denial in accordance with,§555-54.) Might of Succession (27 CFR 555.S9). (a)Certain persons other than lite licensee or penniuce may secure[lie right to cam on the same explosive materials business or operations at the same address shomtm on,and for the remainder of the term of,a current license or permit. Such persons arc: (1)The sur�iving spouse or child,or executor.administrator.or other legal reprosentutive of a deceased licensee or permittee;and(2)A rct4vof or ttustce in bankruptcy.or an assignee for benclit of ereditom (b)In orderto secure the right provided by this section,the person or persons continuing the business or operations shall furnish the license or permit for for that business or operations for endorsement of such succession to the Chief FELC.within 30 days from the date on which the successor begins to carry on the business or operations. fConrimir4 on revkrse sided Cut qT m_x— Federal Explosives L.icense/Permtt(NEL)Inforntation Card I Licenso?ennit Name:PYRO ENGINEERING INC t I 1 1 1 t Business Name: DBA BAY FIREWORKS&INTNTL PYRO 1 IMPORTER(IPI) I 1 LicenscPerrnit Number 6-NY•059-51 7E-00129 t t t License Permit'f}pe -IMPORTER OF EXPLOSIVES 1 I Expiration- May 1,2017 I 1 I Pl ase\ore.iyoi slid ror the Sale or Other•Disposition of EVplosives 1 ----------------------------------� STATE OF NEW YORK �� „ yA � DIVISION OF. DEPARTMENT OF LABOR SAFETY AND HEALTH LICENSE TO DEAL IN OR-MANUFACTURE EXPLOSIVES Expires: 12/31/2016 Pyro Engineering, Inc.dba Bay Fireworks 999 South Oyster;Bay Rd,Ste 111 .THIS LICENSE MUST BE Bethpage, NY 11714 POSTED IN YOUR PEACE OF BUSINESS , Aerinis:P. Brady';Jr. License'No D-5731 ' ;,is,hereby licensed to deaf n or manufacture explosives in compliance with the requirements of the Labor Law and Musi6i 6?ai Rules. Any change 1n the conditions under which this licensees granied may cause it to be:, revoked: Eileen M.Franko Acting Director FOR THE COMMISSIONER OF LABOR `Every person selling,delivering or giving away any explosives must keep at the prindpal place of business within the state,a record of each transaction,including: 1) the NAME-iorTYPE anis QUANTITY of explosives SOLD,DEL`NERED.oi GIVEN. Note:No`l6rise is nieded.to purchase smokeless powder,or black powder in quantities not exceeding five pounds for use in, ; firing,antique firearms or artHacts or repligs thereof.-However,dealers MUST post all'such transactions on ' the`"Dealer=Manufacturer Report of Explosives Transactions: ' ;2) .-*PATE PATE OF EACH SALE,DELIVERY or GIFT. 3) the NAME;'LICENSE NUMBER;and BUSINESS ADDRESS of the purchaser,donee,or person to whom the-explosives were delivered and the firm,if any,represented by such person. 4) the-NAME,ADDRESS,and LICENSE NUMBER of the person TAKING THE EXPLOSIVES AWAY from <, the seller or donor. „ $H-862(5-98) _ SPONSOR: Mattituk Environmental Fireworks Company Pyro Engineering,Inc. dba Bay Fireworks 999 S. Oyster Bay Rd., Suite 111 Bethpage,NY 11714 P: 516-597-5500/F: 516-597-5507 Show Date(s): 8/13/16 Rain Date(s): 8/14/16 Location: 9205 Skunk Lane, Cutchogue,NY Time: between 9:45pm and 10:00 pm 1. Total number of Class B shells being used: 2"=450, 2.5"=554. Cakes=30. Sizes between: 2 inches and 2.5 inches in diameter. 2. All shells are DOT approved. 3. Display will be fired electrically. 4. All displays will comply with all requirements as set forth in NYS Penal Code 405 and NFPA 1123, 1124. 5. Pyro Engineering,Inc.has complete understanding of all rules and regulations governing public fireworks displays and this display will be in accordance with those rules and regulations. 6. Personnel representing,fireworks display company: Lead: Robert Ceely, NYS DOL pyrotechnic license#PR-51 7. Technician(s): ,tbd Signed _ ? ' Firew( s Company kepriesentative - IIIIfII�I�l�i01111�1�1111�1�1 DMV# 793091361 IF FOUL, RETURN TO: EYES GRN NYSDOL - L&C UNIT .y Q a HAM BRO ROOM 161 BUILDING 12 �c HGT 6' 0 " STATE OFFICE CAMPUS z �N ALBANY NY 12240 .o 05. Sp RO"- • •-,�:=�� _ - Qyi, l, ER1= 'jam 't -• : 5.���EL , •f. EDS`; USING:PYROT.:��'`! - - ' IVYC'r r//�/�TIF�%�ii�•,c r��kP. �b.�Ij:B�,�%'��i 7 ' • - _ ,.-ii%✓;/%lam-. ,i�RCQ�It/1 '�i s�,;. 1 America's World Class Fireworks Leader Display Date:August 13,2016 FIREWORKS DISPLAY AGREEMENT AGREEMENT made March 25,2016 by and between Pyro Engineering, Inc.,whose address is 999 South Oyster Bay Road,Suite 111,Bethpage,NY 11714(hereinafter"PEP');and Lomangino Party,Mattituck Environmental 800 Wickham Avenue,Mattituck,NY 11952(hereinafter"SPONSOR"). WHEREAS, PEI designs,produces,and conducts fireworks displays;and WHEREAS,SPONSOR wishes to engage PEI to design,produce and perform a fireworks display on the terms and conditions hereinafter set forth; NOW,THEREFORE,in consideration of the terms,conditions and covenants hereinafter set forth,the parties hereto do mutually agree as follows: 1.FIREWORKS DISPLAY: On,August 13,2016(hereinafter"the Display Date"),PEI shall provide the fireworks and equipment for the display at the Fireworks Display location.The display will be under the supervision of a PEI trained technician.It is agreed that PEI shall be the sole fireworks supplier and producer for the event contracted for herein. (Note: The actual start and stop time of the display will be determined by the governmental authorities having jurisdiction over the display). ALTERNATE DATE: 2. COSTAND'PAYMENTS: FIREWORKS DISPLAY PRICE: The total(Fireworks Display Price plus all other applicable charges)sum of�f shall be due and payable as follows: a.The sum of: within Thirty(30)days of receipt of this contract. b.The Balance of�(which includes any taxes that may be applied to this sale) shall be paid by Official Check made payable to Pyro Engineering,Inc.not later than fifteen(15)days orior to the Display Date. Please Note: SPONSOR is responsible for the payment of all governmental fees and taxes, including,but not limited to, sales, use,excise,license,permit,entertainment,or other fees,taxes or surcharges imposed or otherwise applied to this exhibition. Also, please see Section 16(c)below. 3. POSTPONEMENT/RESCHEDULING:If the display of the fireworks is postponed/rescheduled by reason of inclement weather or by determination by the governmental authority having jurisdiction,or for any other reason beyond the control of PEI,same shall be re- scheduled to the Alternate Date set forth above. In the event a postponementfrescheduling is necessary due to inclement weather or by determination by the governmental authority having jurisdiction,or for any other reason beyond the control of PEI a postponement/rescheduling fee will be based on the table below. Description I %of Fireworks Display Price Additional Costs If notified by 12:01 AM on 8/12/2016 5% Any 3rd Party Vendor Expenses If notified after 12:01 AM on 8/12/2016 15% Any 31d Party Vendor Expenses Once Bay Fireworks Techs Arrive on Site 20% An 3rd Pa Vendor Expenses Any request made by SPONSOR for rescheduling/canceling shall be directed to help@bayfireworks.com or by phone(516)233- 4132. It is understood and agreed that PEI shall have no obligation to reschedule a display except as required by inclement weather or reasons beyond the control of PEI. 4.SPONSOR'S AGENT:Stanley Lomangino CELL PHONE: (631)796-8760 shall be designated as SPONSOR'S agent to whom all questions and inquiries shall be relayed. Sponsor's agent shall be the only agent of SPONSOR authorized to make decisions on behalf of SPONSOR or to request rescheduling of the fireworks display on the part of SPONSOR. Please•iJInitial hePEI 5. EXHIBITION PLANNER CHECKLIST: It is understood and agreed by the parties hereto that the Fireworks Display shall be contingent upon the strict compliance by SPONSOR with all items specified on the Exhibition Planner Checklist(EPC)which is annexed hereto and made a part hereof. Failure on the part of SPONSOR to comply with all requirements set forth in the EPC to the satisfaction of PEI within the time limits therein set forth shall be deemed to be an event of default of SPONSOR'S obligations hereunder. 6.SECURITY/SAFETY: SPONSOR shall provide and maintain sufficient Security before,during and after the Fireworks Display until the pyrotechnician in charge declares the area clear. Security shall be deemed to include,but not limited to,be all security lines,police protection,snow fencing,rope lines,barricades or any other item deemed necessary by the local government or by PEI.SPONSOR shall also provide and maintain an area clear of any buildings cars and spectators with a minimum radius as specified by current edition of NFPA Code 1123, as a Fire Safety Zone(FSZ)during the entire period commencing from the time the fireworks are delivered to the site until the area is declared clear by the pyrotechnician. It is understood and agreed that PEI will cease all fireworks discharge due to any security breach of the FSZ. PEI shall not be responsible for personal injury,vehicle or property damage occurring within the FSZ as a result of the SPONSOR's failure to maintain the FSZ in accordance with the standards of current edition of NFPA 1123 which, incidentally,are only minimum standards of distances. SPONSOR acknowledges and agrees that PEI's responsibilities are limited to the Fireworks Display and that PEI is relying on SPONSOR to maintain the aforementioned FSZ and to comply with all Federal,State, municipal and local laws,orders,regulations and ordinances pertaining to the implementation of any and all security measures at the site of the Fireworks Display.Any site visits made during the display setup by or on behalf of SPONSOR shall be in accordance with the current edition of NFPA 1123-and under the direct supervision of the PEI technician in charge.Any such inspection shall not in any way interfere with the safety,setup or schedule of the preparation for and disassembly after the Fireworks Display.The PEI technician in charge may,at his discretion,cancel any inspection that in his sole opinion may compromise the safety of the setup or the Fireworks Display or the setup schedule. The PEI technician may at any time temporarily discontinue the discharge of fireworks for any reason. 7.CREDITS: As a material inducement to PEI agreeing to enter into this Agreement,SPONSOR shall give PEI program credit as sole fireworks supplier and producer in all press releases,advertising,and any other program announcements,printed or otherwise. 8.INABILITY to.DELIVER or CONDUCT FIREWORKS DISPLAWFORCE MAJEURE. PEI shall not incur any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond its reasonable control including without limitation legal or regulatory restrictions, labor disputes of whatever nature, power loss, telecommunications failure, acts of God, or any other cause beyond its reasonable control. In the event PEI is unable to deliver the Fireworks Display on the Delivery Date this contract will remain in full force and effect and the Fireworks Display wilWe performed on the Alternate Date or if no Alternate Date is stated then on such other date as may be agreed upon by the parties. 9.CONTRACT SUBJECT TO GgVERNMENT REGULATION: This Agreement anc?PEI's obligations hereunder are subject to all applicable Federal,State,Municipal and local laws,rules,ordinances,regulations and codes,now or hereinafter in effect,and to the conditions and limitations contafnedhe permits required to be obtained by SPONSOR prior to the Fireworks Display. In the event any Federal,State,municiparor local raw,rule,regulation or ordinance shall be enacted which in any way prohibits,limits or restricts the sale,performance or operation of the exhibition of the Fireworks Display or in the event SPONSOR'S permit in any way limits or restricts the sale,performance or operation of said exhibition,PEI shall limit or restrict its performance or the Fireworks Display so as to comply with such law,rule,regulation or ordinance or limitation or restriction of SPONSOR'S permit.SPONSOR acknowledges that any such limit or restriction placed on the performance or operation of the Fireworks Display shall in no way result in or entitle SPONSOR to a reduction or abatement in the full contract price. 10. GENERAL PROVISIONS: a) This agreement constitutes the entire agreement between the parties relating to the subject matter hereof,and may not be changed,modified,renewed or extended except by a written agreement,signed by both parties. SPONSOR acknowledges and agrees that PEI has not made any representations or warranties except those specifically set forth in this contract. Should any clause,section,or part of this agreement be held or declared to be void or illegal for any reason,all other clauses,sections, or parts of this agreement which can be effected without such illegal clause,section,or part shall nevertheless continue in full force and effect. b) SPONSOR is responsible for removal of paper debris associated with the Fireworks Display. c) PEI is not responsible for procuring any marine services associated with the production of SPONSOR'S event. Should SPONSOR require these services,PEI may,upon written request,assist SPONSOR in the location and contracting of such services. All additional costs and fees associated with marine services are the responsibility of the SPONSOR. It is specifically understood and agreed that PEI shall not be responsible in any way if any third party service with which SPONSOR has contracted for service fails to perform and the display cannot proceed as planned. d) SPONSOR is responsible for any additional marine costs and fees,city permit/escort fees,County/State/PD/FD/FM fees, local town permit fees,etc. e) In the event SPONSOR cancels the Fireworks Display the full contract price as set forth herein shall become immediately due and payable. SPONSOR will have up to 30 days from the date of cancellation to request PEI to reschedule the Fireworks Display. Fireworks Display shall take place no later than six months from originally scheduled Fireworks Display fl PEI agrees to procure liability insurance on behalf of SPONSOR,and to indemnify SPONSOR,to the extent thereof,for all claims arising out of PEI's negligence. Any additional insurance that is required that incurs a cost,will be the SPONSOR'S responsibili . Please initial ch p Initial hese Sponsor PEI 11.SPONSOR'S DEFAULT: In the event SPONSOR shall fail to pay any sum when due under the terms of this contract, SPONSOR shall1pay,in addition to such amount,interest at the rate of 1.5%per month on the unpaid amount from the original due date. SPONSOR does further agree that it shall pay PEI reasonable attorney fees and other costs in the event PEI shall commence any proceeding(Arbitration or any other proceeding)or incur fees to compel SPONSOR to pay any sums due hereunder or otherwise as a result of SPONSOR'S default of any of the terms and provisions herein contained. 12.LIQUIDATED DAMAGES: It is agreed by and between the parties hereto that in the event of SPONSOR'S default hereunder PEI shall be entitled to receive the entire contract price and same shall be considered"liquidated damages"based upon an understanding between the parties hereto that PEI will have suffered damages due to Sponsor's default.The damages suffered by PEI as a result of Sponsor's default will be substantial,but incapable of determination with mathematical precision.It is,therefore,agreed by the parties that the amount due PEI is not a penalty,but rather a mutually beneficial and reasonable estimate of the damages suffered by PEI. 13.SUBSTITUTIONS: PEI shall have the right,at its discretion,to substitute any fireworks it deems necessary provided same does not detract from the aesthetic value or quality of the program.This includes,but is not limited to,shell sizes,quantities,types and brand names. Any substitutions shall in no way result in or entitle SPONSOR to a reduction or abatement of the full contract price. 14.ARBITRATION: Any and all disputes,differences,or any other type of controversy arising out of or in relation to this Agreement, including as to the meaning or interpretation of any provision hereof,shall be resolved by arbitration in Nassau County, New York, pursuant to the commercial rules then obtaining of the American Arbitration Association.Only one(1)arbitrator shall be required,and the arbitrator may award attorneys'fees.The award of the arbitrator shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.The arbitrator sitting in such controversy shall have no power to alter or modify any express provision of this Agreement,nor to make any award which by its terms effects any such alteration or modification. Either party may seek from the court of competent jurisdiction any provisional remedy in aid of arbitration,including,but not limited to,injunction, attachment or replevin,pending the determination of any claim or controversy in arbitration. Any and all disputes,controversies, actions,claims,causes of action,or proceedings arising under,out of,or in connection with or relating to the terms of this contract,and any amendment thereof,commenced by,between or against any of the parties of this contract shall be deemed to have arisen from a transaction of business in New York,and shall be resolved by application of the substantive laws of the State of New York. 15.BINDING EFFECT•This contract shall not be binding on PEI until executed by SPONSOR and PEI and PEI is in receipt of the downpayment required hereunder. 16. EXHIBITION PLANNER CHECKLIST(EPC): a. FIREWORKS DISPLAY PERMIT: (Note: The actual start and stop time of the display will be determined by the governmental authorities having jurisdiction over the display). SPONSOR'S RESPONSIBILITY: It is Sponsors responsibility to call your State,City,County,Town,Borough,or Village Fire Marshal or other appropriate authority to file for and obtain the Fireworks Display permit. PEI will prepare the paperwork for the permit application on SPONOR'S behalf. Upon receipt of your permit,you must send the permit to our office for our records no later than 30 days prior to your display date. Failure to do so could seriously ieopardize your display. You must obtain information on: 1. Filing application deadline and fees. 2. Local and state requirements for fireworks license for transportation and/or display. If a license is required,fax all forms immediately to us. 3. Fire Marshal's requirements for security of fireworks truck upon arrival, and the security of the fire zone before and during the display. 4. Federal regulations requtre that we carry an accurate route plan to the display site. Fax us a copy of the route instructions from the nearest US Interstate to the display area(approved by the fire marshal or other authority,if necessary). 5. Notify FAA on day of your display,according to the instructions in the FAA Letter of Approval,which will be forwarded to you prior to your display. b.COAST GUARD PERMITS(where required): 1. If the fireworks are to be displayed on or near the water,the following may be required: (Requests for permits must be filed at least 60 days prior to the Display Date(135 days prior for 4th of July events). 2. Coast Guard Application and Permit to Handle Hazardous Materials. 3. Coast- r rine Event Permit. Please initiat ea pa Initial here: ponsor PEI c.SPONSOR RESPONSIBILITIES AND EXPENSES(The following services need to be provided and paid for by the SPONSOR in addition to the Fireworks Display Price. 1) SECURITY: MUST BE PROVIDED FOR FIREWORKS EQUIPMENT AND TO MAINTAIN THE FIRE SAFETY ZONE AT STAGING AREA FROM FIREWORKS TRUCK(S)ARRIVAL, UNTIL COMPLETION AND CLEAN-UP OF DISPLAY AREA AND TRUCK DEPARTURE. 2) Sand: Please provide_0_yards of sand. 3) Laborer(s): 0_laborers to arrive at fireworks site on (They will not handle fireworks). 4) Hotel Roorn(s): 0 hotel rooms. 5) Vehicle(s): Four-wheel drive vehicle for movement on sand:Yes No XX 6) If you have ordered a set piece(s),you are responsible for erecting the scaffolding and it must be ready when the crew arrives d.RADIO SIMULCAST EXPENSES(if applicable): 1) Set up and staff a fireworks simulcast command center on site by 1:00 PM on the display date. 2) Provide broadcast relay to PEI Firing Center. Call our office for details. 3) Speaker system for VIP viewing stands. e.INSURANCE: Please list below the additional insured,as they should appear on the insurance certificate: 1. 3. 2. 14. /V0110C Name f§91ponsor if t Pro Engineering Si nature Date '3y-44Z4 A Si d o ehalf of S onso a re Print Name Title of authorized representative of Sponsor Title ■rraaarrraraaraar a raarrrarrrrrrrrararrrrrrrrrrrrrarrr urrrrrrararararaarrrarararraaraaarr� State of I NILU County of _ On the 25 ay of MbCh in the year' before me,the undersigned,a Notary Public in and for said State,personally appeared &fl irno personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are)ls7ubsribe to the within instrument and acknowledged to me that he/she/they executed the same in histher/their capacity(ies),and that by j1her/ eir/�jgn� e(s)on the instrument,the individual(s),or the person upon behalf of which the individuals)acted,executed the instrument. Ma re d Office of individual t nga Vie I [segg JENNIFER A SWANSON ary Public-State of New York NO.01 SW6249492 Qualified in Suffolk Count My Commission Expires 10 t 1 Please initial each e. Initial here: po 0 PEI Neville, Elizabeth From: Stanley Lomangino <slomangino@mesliny.com> Sent: Tuesday,July 19, 2016 2:14 PM To: Neville, Elizabeth Cc: 'Jo-Anne Triolo' Subject: Application Attachments: Untitled_20160719_015236.pdf, Untitled_20160719_015236_001.pdf Elizabeth, This is coming in the mail to you. Stanley F. Lomangino slomangino@mesliny.com -----Original Message----- From: mesdispatch@mesliny.com [mailto:mesdispatch@mesliny.coml Sent: Monday,July 18, 2016 9:53 PM To:Stanley Lomangino<slomangino@mesliny.com> Subject: Scan from a DELL MFP Please open the attached document. It was scanned and sent to you using a DELL MFP. For more information on DELL products and solutions, please visit http://www.dell.com. 1 SUffQI�C ELIZAREM A.NEV LLE,MMC �0� ��j Town Flab,58095 Main Road TOWN CLERK o P.O.Box 1179 H Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p < Fax(691)765-6146 MARRIAGE OFFICERy�4 �� Telephone(631)766-1800 RECORDS OF MANAGEMENT OFFICER `� southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OM'ICE OF Tri TOWN CLERK TOWN OF'SOUTHOLD APPLICATION PERMIT TO DISPLAY FIREWORKS APPLICATION IS HEREBY MADE,pursuant to the provisions of Section 405.00 of the Penal Law of the State of New York,for a permit to display fireworks as hereinafter specified: DISPLAY IS TO BE SPONSORED BY Mattituck Environmental PRINCIPAL,OFFICE AT 800 Wickham Avenue,Mattituck,NY 11952 DATE&TIME OF:DISPLAY 8113116 @ 9:15 pm EXACT LOCATION-OF DISPLAY Private Beach-9205 Skunk Lane,Cutchogue,NY SUFFOLK COUNTY TAX MAP NUMBER,FOR SITE RAIN DATE&TIME 8114/16 between 9:45 pm ,& 10:00 pm The following persons are to be in charge of the actual shooting of the fireworks: Name Age Experience Physical Condition Robert Ceel► dob:4 15 16 _5 years + health: Excellent (Additional names and information may be submitted on an attached sheet Number and type of fire-works is as follows: 1.3G fireworkst 2"=450,2.5"=554. Cakes=30. Manner and place of storage of fireworks prior to display: Delivery day of display. Attached hereto and made a part of hereof is a diagram of the grounds on which the display is to be hell. Also attached is a certificate or policy of insurance coverage. NOTICE: Written permission,with signature of the Property Owner.must be submitted with the Application. Akckk -� FEE: f180 rg •zation See policy-fat additional information B Sign tura f Applicant /DaVofApplication Neville, Elizabeth From: Neville, Elizabeth Sent: Tuesday,July 26, 2016 4:36 PM To: Doherty,Jill; Doroski, Bonnie; Duffy, Bill; Ghosio, Bob;James Dinizio; Kiely, Stephen; Lauren Standish; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott; Silleck, Mary;Tomaszewski, Michelle; William Ruland Subject: Fireworks Permit 8/13/16 Matt. Environ/S. Lomangino Ph Fireworks 8201607261256... FYI This is on the agenda as Resolution#717 Elizabeth A.Neville,MMC Southold Town Clerk&FOIL Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 i Neville, Elizabeth From: Stanley Lomangino <slomangino@mesliny.com> Sent: Tuesday,July 26, 2016 3:09 PM To: 'Jo-Anne Triolo'; Neville, Elizabeth Subject: Authorization Letter Attachments: Mattit001.pdf Jo-Anne and Elizabeth, Please see letter attached. Thank you. Stanley F. Lomangino slomangino@mesliny.com -----Original Message----- From: admin@mattitucksanitation.com [mailto:admin@mattitucksanitation.com] Sent:Tuesday,July 26,2016 3:03 PM To:Stanley Lomangino<slomangino@mesliny.com>; admin@mattitucksanitation.com Subject: Mattituck Sanitation Mattituck Sanitation 631-298-8888 i T � July 26, 2016 To Whom It May Concern; I,Stanley Lomangino, property owner of 9205 Skunk Lane,Cutchogue, NY 11935,allow Pyro Engineering onto my property on August 13,2016. Thank yo , t nley Lo 07/26/2016 2:13 PM FAX 6317656145 SOUTHOLD TOWN CLERK P.0001 Send Results $$$ Sending is complete. Job No. 0878 Address 6317347079 Name Start Time 07/26 02:09 PM Call Length 03'30 Sheets 17 Result OK ®�OguFFOL2a Town Hall,53095 Main Road ELIZABETH A.NEVILLE,MMC TOWN CLERK P.O.Box 1179 coN M Southold,New York 11971 REGISTRAR OF VITAL STATISTICS FAx(631)765-6145 MARRIAGE OFFICER ��T'� �p�� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER Du( www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: William M.Duffy,Town Attorney Chief of Police Martin Flatley Robert Fisher,Fire Inspector Melissa Spiro,Land Coordinator Cutchogue Fire Department From: Town Clerk Elizabeth Neville -4 LQ Date: July 25,2016 Re: Fireworks Application of Mattituck Environmental/Stanley Lomangino August 13,2016;Rain date:August 14,2016 Transmitted herewith is the application for a Fireworks Permit for Mattituck Environmental/Stanley Lomangino for a fireworks display on August 13,1026 Rain date:August 14,2016. Please advise if you have any objections to a permit being issued. Thank you. Neville, Elizabeth From: Neville, Elizabeth Sent: Friday,August 05, 2016 1:18 PM To: joanne@bayfireworks.com;slomangino@mesliny.com Cc: Flatley, Martin; Fisher, Robert; Duffy, Bill Subject: Emailing: Matt Environ 8_20160805121420 Attachments: Matt Environ 8_20160805121420.pdf Attached, please find issued Fireworks Permit for 08/13/2016 Mattituck Environmental event. Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Matt Environ 820160805121420 Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. FOLr(�� ELIZABETH[A.NEVILLE,MMC ��® �y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 eC*sa a:e Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER �� ®®' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD PERMIT For PUBLIC DISPLAY OF FIREWORKS I, ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold,Suffolk County, New York,being an officer duly designated by the Town Board of the Town of Southold for this purpose,do hereby GRANT TO: MATTITUCK ENVIRONMENTAL A PERMIT FOR THE PUBLIC DISPLAY OF FIREWORKS by said organization in accordance with the provisions of Section 405.00 of the Penal Law of the State of New York at 9:45PM,Saturday, August 13,2016 (Rain Date 9:45PM,Sunday,August 14,2016)on Private Beach on Property of Stanley Loman„gino,9205 Skunk Lane,Cutchogue,New York, upon payment of a single fee of$100.00 and subject to the applicant's compliance with the requirements of the Town's Policy regarding the issuance of Fireworks Permits. ON CONDITION THAT the bond(indemnity insurance)required shall continue in full force and effect in favor of the Town of Southold,and PROVIDED that the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest building, public highway or railroad, or other means of travel, and at least fifty feel from the nearest above ground telephone or telegraph line, trees or other overhead obstruction; that the audience at such display shall be restrained behind lines at least hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines;that all fireworks that fire a projectile shall be so set up that the projectile will go in the air as nearby as possible in a vertical direction, unless such fireworks are to be fired from the shore or a lake or other large body of water,then they may be directed in such manner that the falling residue from the deflagration will fall in to such lake or body of water;that any fireworks that remain unfired after the display is conducted shall be immediately disposed of in a way safe for the particular type of fireworks remaining; that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour;that all persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda acid or other approved type fire extinguishers of at least two and one-half gallons capacity each shall be kept at such widely separated points as possible within the actual area of the display. (Town Seal) Elizabet . Neville,Southold Town Clerk Suffolk County, New York Date:8/5/2016 �®�VFFOL��O ELIZABETH A.NEVILLE,MMC tiy® l/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CCO2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 ® Fax(631)765-6145 MARRIAGE OFFICER AMATelephone(631)765-18 RECORDS MANAGEMENT OFFICER �® FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD PERMIT For PUBLIC DISPLAY OF FIREWORKS I, ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold,Suffolk County, New York, being an officer duly designated by the Town Board of the Town of Southold for this purpose,do hereby GRANT TO: MATTITUCK ENVIRONMENTAL A PERMIT FOR THE PUBLIC DISPLAY OF FIREWORKS by said organization in accordance with the provisions of Section 405.00 of the Penal Law of the State of New York at 9:45PM,Saturday, August 13,2016 (Rain Date 9:45PM,Sunday,August 14,2016)on Private Beach on Property of Stanley Lomangino,9205 Skunk Lane Cutchogue, New York, upon payment of a single fee of$100.00 and subject to the applicant's compliance with the requirements of the Town's Policy regarding the issuance of Fireworks Permits. ON CONDITION THAT the bond(indemnity insurance) required shall continue in full force and effect in favor of the Town of Southold, and PROVIDED that the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest building, public highway or railroad, or other means of travel, and at least fifty feel from the nearest above ground telephone or,telegraph line, trees or other overhead obstruction; that the audience at such display shall be restrained behind lines at least hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines;that all fireworks that fire a projectile shall be so set up that the projectile will go in the air as nearby as possible in a vertical direction, unless such fireworks are'to be fired from the shore or a lake or other large body of water,then they may be directed in such manner that the falling residue from the deflagration will fall in to such lake or body of water;that any fireworks that remain unfired after the display is conducted shall be immediately disposed of in a way safe for the particular type of fireworks remaining; that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour;that all persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda acid or other approved type fire extinguishers of at least two and one-half gallons capacity each shall be kept at such widely separated points as possible within the actual area of the display. a (Town Seal) Elizabet . Neville,Southold Town Clerk Suffolk County, New York Date:8/5/2016 3�8UFF0(, RESOLUTION 2016-717 ADOPTED DOC ID: 12147 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-717 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 26,2016: RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Mattituck Environmental LLC/ Stanley Lomangino for a fireworks display on Saturday, August 13, 2016 at 9:45PM(Rain Date: Sunday, August 14, 2016 at 9:45 PM) at 9205 Skunk Lane, Cutchogue,New York,upon payment of a single fee of $100.00 and subject to the applicant's compliance with the requirements of the Town's Policy regarding the issuance of fireworks permits. ,v Elizabeth A. Neville Southold Town Clerk - RESULT: ADOPTED [5 TO 1] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell NAYS: William P. Ruland Neville, Elizabeth From: Jo-Anne Triolo <joanne@bayfireworks.com> Sent: Monday,August 01, 2Q1611:05 AM To: Neville, Elizabeth Subject: Re:Authorization Letter Thank you Elizabeth. On Mon,Aug 1, 2016 at 11:02 AM,Neville, Elizabeth<E.NevilleQtown.southold.ny.us>wrote: I don't know. We will see. I have not received any of the approvals back from the Town Departments or the Cutchogue Fire Department. Please be aware that this application was just officially submitted with the$100.00 fee this past Thursday,July 25, 2016. 1 am trying my best. Elizabeth A.Neville, MMC Southold Town Clerk&FOIL Officer PO Box 1179 Southold,NY l 1971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 From: Jo-Anne Triolo [mailto:joanne0bayfireworks.com] Sent: Monday, August 01, 2016 10:48 AM To: Neville, Elizabeth Subject: Re: Authorization Letter Good morning Elizabeth, I will be out of the office next week, returning on August 15th. I'm trying to complete all outstanding paperwork on the Mattituck Environmental pyrotechnic display scheduled for 8/13. Do you think it's possible to have a permit in hand by Friday? 1 I appreciate your assistance. Thank you. Sincerely, Jo-Anne On Tue, Jul 26, 2016 at 3:13 PM, Stanley Lomangino <slomaninogmesliny.com>wrote: ty Stanley F. Lomangino slomangino@mesliny.com From:Jo-Anne Triolo [mailto:loanne@bayfireworks.com] Sent:Tuesday,July 26, 2016 3:10 PM To:Stanley Lomangino<slomangino@mesliny.com> Cc: Neville, Elizabeth<E.Neville@town.southold.nv.us> Subject: Re:Authorization Letter Received...thank you. On Tue, Jul 26, 2016 at 3:08 PM, Stanley Lomangino <sloman Tinona mesliny.com>wrote: Jo-Anne and Elizabeth, Please see letter attached. Thank you. Stanley F. Lomangino 2 slomangino(cr�,mesliny.com -----Original Message----- From: admingmattitucksanitation.com [mailto:admin e,mattitucksanitation.com] Sent: Tuesday, July 26, 2016 3:03 PM To: Stanley Lomangino <slomanainogmesliny.com>; adminkmattitucksanitation.com Subject: Mattituck Sanitation Mattituck Sanitation 631-298-8888 Jo-Anne Triolo Pyro Engineering Inc. dba Bay Fireworks 999 South Oyster Bay Road, Suite 111 Bethpage,NY 11714 516-597-5500 Phone/516-597-5507 Fax Jo-Anne Triolo Pyro Engineering Inc. dba Bay Fireworks 999 South Oyster Bay Road, Suite 111 Bethpage,NY 11714 516-597-5500 Phone/ 516-597-5507 Fax Jo-Anne Triolo Pyro Engineering Inc. dba Bay Fireworks 999 South Oyster Bay Road, Suite 111 3 Bethpage,NY 11714 516-597-5500 Phone/516-597-5507 Fax 4 1 � Neville, Elizabeth From: Duffy, Bill Sent: Thursday,August 04, 2016 3:59 PM To: Neville, Elizabeth Subject: RE: Emailing: Fireworks 8_20160726125655 1 have no objection to the application -----Original Message----- From: Neville, Elizabeth Sent:Thursday,August 04, 2016 2:26 PM To: Duffy, Bill; Flatley, Martin; Fisher, Robert Subject: FW: Emailing: Fireworks 8_20160726125655 Importance: High FYI I need your recommendations on this one. Thank you. Betty -----Original Message----- From: Neville, Elizabeth Sent:Tuesday,July 26,2016 2:06 PM To: Duffy, Bill; Flatley, Martin; Fisher, Robert;Spiro, Melissa; cutfd@optonline.net Subject: Emailing: Fireworks 8_20160726125655 Importance: High Please review the attached Fireworks Application and send me your comments/recommendations at your earliest convenience. Thank you. Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is,ready to be sent with the following file or link attachments: Fireworks 820160726125655 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Neville, Elizabeth From: Flatley, Martin Sent: Thursday,August 04, 2Q16 8:50 PM To: Neville, Elizabeth Subject: Re: Emailing: Fireworks 8_20160726125655 1 have no objections to this display taking place Sent from my Wad Chief Martin Flatley >On Aug 4, 2016,at 2:25 PM, Neville, Elizabeth<E.Neville@town.southold.nyTus>wrote: > FYI > I need your recommendations on this one. >Thank you. > Betty >-----Original Message----- > From: Neville, Elizabeth >Sent:Tuesday,July 26, 2016 2:06 PM >To: Duffy, Bill; Flatley, Martin; Fisher, Robert; Spiro, Melissa; cutfd@optonline.net >Subject: Emailing: Fireworks 8_20160726125655 > Importance: High > Please review the attached Fireworks Application and send me your comments/recommendations at your earliest convenience. >Thank you. > Elizabeth A. Neville, MMC >Southold Town Clerk& FOIL Officer > PO Box 1179 >Southold, NY 11971 >Tel.631765-1800, Ext.228 > Fax 631765-6145 >Cell 631466-6064 >Your message is ready to be sent with the following file or link attachments: >Fireworks 8_20160726125655 > Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. ><Fireworks 8_20160726125655.pdf> i Neville, Elizabeth From: Spiro, Melissa Sent: Tuesday,July 26, 2016 2:27 PM To: Neville, Elizabeth Cc: Sepenoski,John Subject: RE: Emailing: Fireworks 8_20160726125655 This is private property and is not preserved land. I have copied John Sepenoski on this e-mail for his review as has suggested that the Town permits are all conditioned upon DEC/USFWS approval if they are near potential nesting areas. Melissa -----Original Message----- From: Neville, Elizabeth Sent:Tuesday,July 26, 2016 2:06 PM To: Duffy, Bill<billd@southoldtownny.gov>; Flatley, Martin<mflatley@town.southold.nv.us>; Fisher, Robert <Robert.Fisher@town.southold.nv.us>; Spiro, Melissa<Melissa.Spiro@to wn.southold.ny.us>; cutfd@optonline.net Subject: Emailing: Fireworks 8_20160726125655 Importance: High Please review the attached Fireworks Application and send me your comments/recommendations at your earliest convenience. Thank you. Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Fireworks 820160726125655 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 g CUTCHOGUE FIRE DISTRICT gpe 260 New Suffolk Road, PO Box 930, Cutchogue, NY 11935 Telephone (631) 734-6907 • Fax (631) 734-7079 88 Years E-mail: cutfd@optonline.net of Service www.cutchoguefiredept.org July 28, 2016 t RECEIVE® ,it'�aNl• i AUG Southold Town Clerk PO Box 1179 Southold NY 11971 Southold Town Clerk Dear Mrs. Neville, Reference your application for fireworks on August 13th on Skunk Lane, Cutchogue. The Cutchogue Fire District does not have any concerns or objections to this permit. Thank you for your information, we remain, Very truly yours, Board of Fire Commissioners Matthew J. artin Fire District Secretary U.S.Department ofJustice Federal Explosives License/Permit Bureau of Alcohol,Tobacco.Firearms and Explosives (I8 U.S.C- Chapter 40) unnwlal,naar,nsutwrrt ssnta:raut In accordance with the provisions of Title XI,Organized Crime Control Act of 1970.and the regulations issued thereunder(27 CFR Part 555),you may engage in the activity specified to this license or permit within the limitations of Chapter40,Title 18,United States Code and the regulations issued thereunder.until the expiration date shown THIS LiCENSE IS NOT TRANSFERABLE UNDER 27 CFR MS.53, See"WARNINGS"and"NOTICES"on reverse. Direct ATF ATT-Chief.FELC License Permit Correspondence To 244 Needy Road Number '� • • Martinsburg.WV 25405-9431 Chief.Federal E.plosit•es Licensing Center(FELL!r�p�� Expiration _-f, / (/ • �j_"v Date � Name 1,�,1/•L( GL¢�( DBA BAY FIREWORKS&INTNTL PYRO IMPORTER(IPI) Premises Address(Changes?Notify the•FELC at least 10 days before the move.) 999 SOUTH OYSTER BAY RD SUITE 111 BETHPAGE NY 11714- Type 1714Type of License or Permit 51-IMPORTER OF EXPLOSIVES Purchasing Certification Statement Mailing Address(Changes? Notify the FELC of any changes) The licensee or pemntteenamed above shall usc•a copy tifihis license or pennit to assist a transferor of explosives to verifvthe identity and,the licensed status of the licensee or permittee as provided by 27 CFR Part 555. ilhe siphature on.cadr cunt/must be an original PYRO ENGINEERING INC simature. A fared.scanned or e-mailed copy ofthe license or peruiit..vith a signature intendedtobeanoriginal sigaatureisacceptable. The signaturemust.bethat ofthe Federal DBA BAY FIREWORKS & INTNTL PYRO IMPORTER rxplosives Licensee(FEL)or a responsible person ofthe FEL I certify thatthis is a true (IPI) copy of a license or permit issued to the licensee or pennittee named above to engiige in,the g99 SOUTH OYSTER BAY RD SUITE 111 busuim or operations specified above under"1:vpc of License or Permit." BETHPAGE, NY 11714- Licenser Permittee Responsible Person Signature POS1tiOl1 Title Printed Name Date AIT 1'Oun 4,0 1,:4;111 is Pan t 11m,tousFdnionisObsolete rrlmiicw1611WO -1122SuraonnnBAY posuntui.rinttlnnaeiaeal»a.,,,musiwrannaairunoaxs Revised October 2utl Federal Explosives License(FEL)Customer Service Information Federal Explosixes licensing Center(FELC) Poll-free Telephone Number. (877)283-3352 ATF Ilomepage:%%%%w,atl:gov 244 Needy Road Fax Number: (304)616-4401 Martinsburg.WV 25405-9431 E-mail. FLLC•a at:gov Change of Address (27 CFR 555.5,f1a)t1)) Licensees or permittees may during the term of their current license or permit remove their business or operations to a new location at which they intend regularly to carry on such business or operations. The licensee or permittee is required to give notification ofthe now location of the business or operations not less than 10 days prior to such removal with the Chief,Federal Explosives Licensing Center. The license or permit will be valid for the remainder of the temp of the original license or permit. (The Cltief,FELL,shall,if the licensee or permittee is not qualified,refer the request for amended license or permit to the Director of Industry Operations for denial in accordance with§555.54.) Right of Succession (27 CFR 55159). (a)Certain persons other than lite licensee or permittee ma} swum the right to carry on the some explosive materials business or operations at the sarne address shown on.and for the remainder of the tern of a current license or permit. Such'persons are: (1)The surviving spouse or child,or executor,administrator.or other legal representative of a decease)licensee or permittee:and(2)A receiver or trustee in bankruptcy,or an assignee for benefit of creditors. (b)In order to secure tate right provided by this section,the person or persons continuing the business or operations shall furnish the license or permit for for that business or operations for endorsement of such succession to the Chief.FELC.within 30 days from the date on which the successor begins to cam on the business or operations. Wontrnnrd on rever se side/ Cut Here JG Federal Explosives License/Permit(FEL)Information Card I License PennitName:PYRO ENGINEERING INC I I I I I I Business Name: DBA BAY FIREWORKS&INTNTL PYRO I IMPORTER(IPI) Liccnsc Permh Number:6-NY-059-51-7E-001 29 i I License Permit•rvpe:51-IMPORTER OF EXPLOSIVES I I I Expiration- May 1,2017 I I t I Please Note: Not Valid for the Sale or Other Disposition of Explosives. I I avtvlvL.l JLvLJVrilUVQU tot LV AUJUr�v, t-ivV Vr r PlAU101 llth)b.//V.LR1L,.4:U11WMIUfCG.UUUYd'CCVICY/SUrVICT.1'1101JOwrLioSQ!nie—uurr+uVWVUI;11011f AUGUST 13, 2416 :\tea. '� •g _ �s E- �,Ip y .,s �a 6 C. 1 of 1 5/7/2013 3:16 PM ACC>RV CERTIFICATE OF LIABILITY INSURANCE F DATE A E(MMI2016) 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(les)must be endorsed. N 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 NAME: k Allied Specialty Insurance, Inc. PHONE -- -- ` ------- Fax 10451 Gulf Boulevard �s ►�-----___w____._ _ 1 Treasure Island,FL 33706-4814 A�oRESs: 1-800-237-3365 INSURERS)AFFORDING COVERAGE — Y Na1C fE .INSURER A;T.H.E.Insurance Company_ _ 12866 Pyro Engineering, Inc. INSURERe: dba:Bay Fireworks wsuRERc___ —__---_"_.- --____ __. __. __-- •- -_ _ 999 South Oyster Bay Rd.,Suite 111 INSURER Bethpage,NY 11714 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. TRT POLICY EFF POLICY EXP TYPE OF INSURANCE �TADD4 SU POLICY NUMBER MMIDDIYYYY MMIDO -__ LIMITS A GENERAL LIABILITY CPP0101284-06 02/15/2016 02/15/2017 l EACHOCCURRENCE $1,000,000 X f COMMERCIAL GENERAL LIABILITY D GE Ti3r3ENTEb--- ----_—• •-'-- { I P+?€ �( Funel )__. $100,000_ j :CLAIMS-MADE ��OCCUR F MED ExP An1one person N/A — <- -t--i- S iif•- ,--- - I PERSONAL&ADV INJURY 1$1,000,000 , I GENERAL AGGREGATE I GEUL AGGREGATE LIMIT APPPLIIE7S PER: PRbDUG7S-COMP/OP A�S 2,000,000 rGY Y POLICY I I PRa p LOC ,Protection&Indemnity $1,000,000~~ A AUTOMOBILE LIABILITY Ij COMBI 02/15/2016 102/15/2017 Eaw=SINGLE _ AI,OO_O_,ODD ANY AUTO BODILY INJURY(Pat person) is ALL OS NED (a SCHEDULED �+�- AUTOS BODILY INJURY(Per acdden S --- - AU705wN� PROPERTY DAMAGE ii$ HIRED AUTOS i-X_ �tPoraccitlent)______-__!.-_—�____. $ A UMBRELLA LIAR X OCCUR ELP0010292-06(VL) 02/15/2016 02/15/2017 EACH OCCURRENCE I$4,000,000 it EXCESS LIAB1-1 CLAIMS-MAO AGGREGATE $4,000,000 DED R $ � .. I $ WORKERS COMPENSATION we STATU DTH- A AND EMPLOYERS LIABILWY YIN WCP0005167-002 02/15/2016J1. 2/15/2017 Rv U Tu- ANY PROPRIETORMARTNER/EXECUTIVE k.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? NIA, Coveralia Is afforded In the steta(s)ot;CT, E,FL.GA,IL MA,MD,NC, (Mandatory in NH) NJ,NV,W.PA.RI.SC,TIC&VA.Pollcy d snot provide dsabi0ty benefits E.L.DISEASE-EA EMPLOYE $1,000,000 Ilges,describe under in New York "" DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 A EXCESS LIABILITY/OCCUR ELP0010296-06(GL) 02!1512016 02/15/2017 EACH OCCURRENCE$9,000,000 { AGGREGATE$9,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Romatks Schedule,If more apace is required) DISPLAY DATE:08113 RAIN DATE: 08/14116 LOCATION:9205 Skunk.Lane,Cutchogue NY RE:GENERAL LIABILITY,THE FOLLOWING ARE NAMED AS ADDITIONAL INSURED IN RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY:Town of Southolds;Anthony Lomangino(property owner)The Love Family LLC CERTIFICATE HOLDER CANCELLATION Mattituck Environmental Thirty(30)Days Notice of Cancellation Applies SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 800 Wickham Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Madituck NY 11952 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE " Cert#2600 "' p ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010105) The ACORD name and logo are registered marks of ACORD STATE OF, NPW YORK a DIVISION OF.• ., DEPARTMENT OF LABOR . • ' ' ! SAFETY AND HEALTH LICENSE TO DEALlN OR`MANUFACTURE EXPLOSIVES _ Expires: 12/31/2016 `Pyro Engineering,Inc.dba Bay Fireworks ; 999 South Oyster`8ayRd;Ste 191 THIS LICENSE MUST BE S Bethpage,IVY 11714 POSTED IN YOUR OLME z OF•BUSINESS , r Rerinis:P.Brady Jr., License-No D-5731 ,••is,her'e�y dcens®d.to dearlin or manufii:ture explosives in compliance with•the requlrements of the Labor Law and ,IncjUstr)Cid'Rules. Any change in the eorldtdgr)s under which this license is grarked may oquse.it to, be ,revoked.; - - ..,•_•�. > �- ' ., 3 ,Zv Eileen M.Franko Acting Diraptor 'FOR `*HE_COA9MISSI0NER OF LA40,R • '1'lir ,i`' . . ,.. - . _ - - Every person selling,delivering or giving away any explosives must keswat ths'principai place of business withl r, the stgte,'q record of each transpgt pn,ancludlna: 1) the NAME'or WIPE ana'QUANTI, of expiasives SOLD,DEU1IEitED or GIVEN. Note:No license is` Headed�ta purcha'se s'7t�9�heiess powdei,'or black powder In quantyies not eroding five poands for use in, fidtig,antigye firearm's'oFSds or replicas thereof.(iow$r+sr,dealers AAU57 pp'siad'such transactions on tti8'"DeplerttJlanufactui®r Report ni Eicploshres 7ransadionc"•' 2) t",DATE OF EACH SAIE,'DELIVERY or GIFT.' 3) the NAME,'L(CENSE NUMBER,and BUSINESS ADDRESS of the purchase,don®e,,or person to whom the;explosives vivere delivered and,the firm,if-any represented by such person. 4) the tJAAfIE,ADDRESS,and LICENSE NUMBER of the•person'TAKiNG THE EXPLOSIVES AWAY from the r46'or. 'W862(65-96) SPONSOR: Mattituk Environmental Fireworks Company Pyro Engineering,Inc. dba Bay Fireworks 999 S. Oyster Bay Rd.,Suite 111 Bethpage,NY 11714 P: 516-597-5500/F:516-597-5507 Show Date(s): 8/13/16 Rain Date(s): 8/14/16 Location: 9205 Skunk Lane,Cutchogue,NY Time: between 9:45pm and 10:00 pm 1'.Total number of Class B shells being used:2"=450,2.5"=554.Cakes--30. Sizes between:2 inches and 2.5 inches in diameter. 2. All shells are DOT approved. 3. Display will be fired electrically. 4. All displays will comply with all requirements as set forth in NYS Penal Code 405 and NFPA 1123, 1124. 5. Pyro Engineering,Inc.has complete understanding of all rules and regulations governing public fireworks displays and this display will be in accordance with those rules and regulations. 6. Personnel representing fireworks display company: Lead:Robert Ceely, NYS DOL pyrotechnic license-011-51 7. Technician(s): tbd Signed Firewoi s Company 1&presentauve - nllln�I�IDI�il�aldll��l� a w DM4# 993091361 IF FOUM, RBTM TO: '+3 BIBS GRN NYSDOL - Lac DNIT SAtR SRO ROOM 161 SD2L m 12 m$ EST 6 0 ° STATS OFFICE QA ws At+MW NY 12240 .o UE r s 7 , Al m RD E CA . SIN •s Q�' 'r�'� .i� :-.rN.C,;.�i�s�E � 'rte .�; '�-.'��'_ 1,8°••:_, � "'i==,!,K��s�3v�v�%;�,Y'.`„1.N3d%l�P;' iii,^.•,��;,J , , America's World Class Fireworks Leader Display Date:August 13,2016 FIREWORKS DISPLAYAGREEMENT AGREEMENT made March 25.2016 by and between Pyro Engineering,Inc.,whose address is 999 South Oyster Bay Road,Suite 111,Bethpage,NY 11714(hereinafter VEI');and Lomangino Party,Mattituck Environmental 800 Wickham Avenue,Mattituck.NY 11952(hereinafter"SPONSOR"). WHEREAS,PEI designs,produces,and conducts fireworks displays;and WHEREAS,SPONSOR wishes to engage PEI to design,produce and perform a fireworks display on the terms and conditions hereinafter set forth; NOW,THEREFORE,in consideration of the terms,conditions and,covenants hereinafter set forth,the parties hereto do mutually agree as follows: 1.FIREWORKS DISPLAY On,August 13.2016(hereinafter°the Display Date%PEI shall provide the fireworks and equipment for the display at the Fireworks Display location.The display will be under the supervision of a PEI trained technician."It is agreed that PEI shall be the sole fireworks supplier and producer for the event contracted for herein. (Note: The actual start and stop time of the display will be determined by the governmental authorities having jurisdiction over the display). ALTERNATE DATE: 2. COST AND PAYMENTS: FIREWORKS DISPLAY' PRICE: The total(Fireworks Display Price lus all other applicable charges)sum of shall be due and payable as follows: a.The sum of:�within Thirty(30)days of receipt of this contract. b.The Balance of (which includes any taxes that may be applied to this sale) shall be paid by O cial Check made payable to"Pyro Engineering,Inc.not later than fifteen-061 days prior to the Display Date. Please Note: SPONSOR Is responsible for the payment of all governmental fees and taxes,Including,but not limited to,sales, use,excise,license,permit,entertainment,or other fees,taxes or surcharges imposed or otherwise applied to this exhibition. Also, please see,Section 16(c)below. 3. POSTPONEMENT/RE5CHEDULIIYG.If the display of the fireworks is postponed/rescheduled by reason of inclement weather or by determination by the governmental authority having jurisdiction,or for any other reason beyond the control of PEI,same shall be re- scheduled to the Alternate Date set forth above. In the event a postponementtrescheduling is necessary due to inclement weather or by determination by the governmental authority having jurisdiction,or for any other reason beyond the control of PEI a postponementlrescheduling fee will be based on the table below. Description %of Fireworks Display Price Additional Costs If notified by 12:01 AM on 8/12/2016 5°/a An 3'"Partv Vendor Expenses If notified after 12:01 AM on 8112/2016 15°/a- Any 3rtl Pat Vendor Expenses Once Bay Fireworks Twits Arrive on Site 20% Any 3b Party Vendor Expenses " Arty request made by SPONSOR for rescheduling/canceling shall be directed to help@bayfireworks.com or by phone(516)233- 4132. It is understood and agreed that PEI shall have no obligation to reschedule a display except as required by inclement weather or reasons beyond the'control of PEI. 4.SPONSORS AGENT.*'Stanley Lomannino CELL PHONE: (631)796-8760 shall be designated as SPONSOR'S agent to whom all questions and inquiries shall be relayed. Sponsor's agent shall be the only agent of SPONSOR authorized to make decisions on behalf of SPONSOR or to request rescheduling of the fireworks display on the part of SPONSOR. Pleasetial ea e Initial here PEI I s. EXHIBITION PLANNER CHECKLIST. it is understood and agreed by the parties hereto that the Fireworks Display shall be contingent upon the strict compliance by SPONSOR with ail items specified on the Exhibition Planner Checklist(EPC)which is annexed hereto and made a part hereof. Failure on the part of SPONSOR to comply with all requirements set forth in the EPC to the satisfaction of PEI within the time limits therein set forth shall be deemed to be an event of default of SPONSOR'S obligations hereunder. 6.SECURiTYiSAFETK- SPONSOR shall provide and maintain sufficient Security before,during and after the Fireworks Display until the pyrotechnician in charge declares the area clear. Security shall be deemed to include,but not limited to,be all security lines,police protection,snow fencing,rope lines,barricades or any other item deemed necessary,by the local government or by PEI.SPONSOR shall also provide and maintain an area clear of any buildings cars and spectators with a minimum radius as specified by current edition of NFPA Cade 1123, as a Fire Safety Zone(FSZ)during`the entire period commencing from the time the fireworks are delivered to the site until the area is declared clear by the pyrotechnician. it is understood and agreed that PEI will cease all fireworks discharge due to any security breach of the FSZ. PEi:shall not be responsible for personal injury,vehicle or property damage occurring within the FSZ as a result of the SPONSOR's failure to maintain the FSZ in accordance with the standards of current edition of NFPA 1123 which, incidentally,are only minimum standards of distances. SPONSOR acknowledges and agrees that PEI's responsibilities are limited to the Fireworks Display and that PEI is relying on SPONSOR to maintain the aforementioned FSZ-and to comply with all Federal,State, municipal and local laws,orders,regulations and ordinances pertaining to the implementation of any and all security measures at the site of the Fireworks Display.Any site visits made during the display setup by or on behalf of SPONSOR shall be in accordance with the current edition of NFPA 1123-and under the direct supervision of the PEI technician in charge.Any such inspection shall not in any way interfere with the safety,setup or schedule of the preparation for and disassembly after the Fireworks,Display.The PEI technician in charge may,at his discretion,cancel any inspection that In his sole opinion may compromise the safety of the setup or the Fireworks Display or the setup schedule. The PEI technician may st,any time temporarily discontinue the discharge of fireworks for any reason. 7.CREDITS. As a material inducement to PEI agreeing to enter into this Agreement,SPONSOR-shall give PEI program credit as sole fireworks supplier and producer in all press releases;advertising,and any other program announcements,printed or otherwise. 8.INABILITY to DELIVER or CONDUCT FIREWORKS DiSPLAWFORCE MAJEURE PEI shall not incur any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond its reasonable control including without limitation.legal or regulatory restrictions, labor disputes of whatever nature, power toss, telecommunications failure, acts of God, or any other cause beyond its reasonable control. In the event PEI is unable to deliver the Fireworks Display on the Delivery Date this contract will remain in full force and effect and the Fireworks Display WIWs performed on the Alternate Date or if'no Alternate Date is stated then on such other date as may be agreed upon by the parties. 9.CONTRACT SUBJECT TO Gt l/ERNMENT REGULATION, This Agreement anhEl's obligations hereunder are subject•to all applicable Federal,State,Municipal and local laws,rules,ordinances,regulations and codes,now or hereinafter in effect,and to the conditions and limitations containedhe permits required to be obtained by SPONSOR prior to the Fireworks Display. 'In the event any Federal,State,municipaf or loca raw,rule,regulation or ordinance shall be enacted which in anyway prohibits,limits or restricts the sale,performance or operation of the exhibition of the Fireworks Display or in the event SPONSOR'S permit in any way limits or restricts the sale,performance or operation of said exhibition,PEi shall limit or restrict its performance or the Fireworks Display so as to comply with such law,rule,regulation or ordinance or limitation or restriction of SPONSOR'S pen-nit.SPONSOR acknowledges that any such limit or restriction placed on the performance oroperation of the Fireworks Display shall in no way result in or antitle SPONSOR to a reduction or abatement in the full contract price. 10. GENERAL PROVISIONS. a) This agreement constitutes the entire agreement between the parties relating to the subject matter hereof,,and may not be changed,modified,renewed or extended except by a written agreement,signed by both partias. SPONSOR acknowledges and agrees that PEI has not made any representations or warranties except those specifically set forth in this contract. Should any clause.section,or part of this agreement be held or declared to be void or illegal for any reason,all other clauses,sections, or parts of this agreement which can be effected without such illegal clause,section,or part shall neverthaless oontinue in full force and effect. b) SPONSOR is responsible for removal of paper debris associated with the Fireworks Display. c) PEI is not responsible for procuring any marine services associated with the production of SPONSOR'S event. Should SPONSOR require these services,PEI,may,upon written request,assist SPONSOR in the location and contracting of such services. All additional costs and fees associated with marine services are-the responsibility of the SPONSOR. itis specifically understood and agreed that PEI shall not be responsible in any way if any third-party service with which SPONSOR has contracted for service fails to perform and the display cannot proceed as planned. d) SPONSOR is responsible for any additional marine costs and fees,city permit/escort fees,County/State/PDIFD/FM fees, local town permit fees,etc. e) in the event SPONSOR cancels the Fireworks Display the full contract price as set forth herein shall become immediately due and payable. SPONSOR will have up to 30 days from the date of cancellation to,request PEI to reschedule the Fireworks Display. Fireworks Display shaii,take place no later than six months from originally scheduled Fireworks Display fl PEI agrees to procure liability insurance on behalf of SPONSOR,and to Indemnify SPONSOR,to the extent thereof,for all claims arising out of PEI's negligence. Any,additional Insurance that is required that incurs a cost,will bathe SPONSOR'S responsibili . Please iffluial d< In1W hee Spansor PEI 11.SPONSOR'S DEFAULT: In the event;SPONSOR shall fail to pay any sum when due under the terms of this contract,SPONSOR shall pay,in addition to such amount,interest at the rate of 1.5%per month on the unpaid amount from the original due date. SPONSOR'does further agree that it shall pay PEI reasonable attorney fees and other costs in the event PEi shall commence any proceeding(Arbitration or any other proceeding)or incur fees to compel SPONSOR to pay any sums due hereunder or otherwise as a result of SPONSOR'S default of any of the terms and provisions herein contained. 12.LIQUIDATED DAMAGES: It is agreed by and between the parties hereto that in the event of SPONSOR'S default hereunder PEI shall be entitled to receive the entire contract price and some shall be considered"liquidated damages"based upon an understanding between the parties hereto that PE will have suffered damages due to Sponsor's default.The damages suffered by PEI as a result of Sponsor's default will be substantial,but incapable of determination with mathematical precision:It is,therefore;agreed by the parties that the amount due PEI is not a penalty,but rather a mutually beneficial and reasonable estimate of the damages suffered by PEI. 13.SUBSTITUTIONS: PEI:shall have the right,at its discretion,to substitute any fireworks it deems necessary provided same does not detract from the aesthetic value or quality of the program.This includes,but is not limited to,shell sizes,quantities,types and brand names. Any substitutions shall in no way result in or entitle SPONSOR to a reduction or abatement of the full contract price. 14.ARBITRATION: Any and all disputes,differences,or any other type of controversy arising out of or in relation to this Agreement, including as to the meaning or interpretation of any provision hereof,shall be resolved by arbitration in Nassau County, New'York, pursuant to the commercial rules then obtaining of the American Arbitration Association.Only one(1)arbitrator shall be required,and the arbitrator may award attorneys'fees.The award of the arbitrator shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.The arbitrator sitting in such controversy shall have no power to alteror modify any express provision of this Agreement,nor to make any award which by its terns effects any such alteration or modification. Either party may seek from the court of competent jurisdiction any provisional remedy in aid of arbitration,including,but not limited to,injunction, attachment or replevin,_pending the determination of any claim or controversy in arbitration. Any and ail disputes,controversies. actions,claims,causes of action,or proceedings arising under,out of,or in connection with or relating to the terms of this contract,and any amendment thereof,commenced by,between or against any of the parties of this contract shall be deemed to have arisen from a transaction of business in New York,and shall be resolved by application of the substantive laws of the State of New York. 15.BINDING EFFECT Thiscontract shall not be binding on PEI until executed by SPONSOR and PEI and PEI is in receipt of the downpayment required hereunder. 16. EXHIBITION PLS NIVER CHECKLIST(EPC): a. FIREWORKS DISPLAY PERMIT: (Note: The actual start and stop time of the display will be determined by the governmental authorities having jurisdiction over the display). SPONSOR'S RESPONSIBILITY: It is Sponsor's responsibility to call your State,City,County,Town,Borough,or Village Fire Marshal or other appropriate authority to file for and obtain the Fireworks,Display permit. PEI will prepare the paperwork for the permit application on SPONOR'S behalf. Upon receipt of your permit you must send the permit to our office for our records no later than 30 days priot to your disalMl date. Failure to do so could seriously ieo0ardUeyour display, You must obtain infornation on: 1. Filing application deadline and fees. 2. Local and state requirements for fireworks license for transportation and/or display. if a license is required,fax all forms immediately to us. 3. Fire Marshal's requirements for security of fireworks truck upon arrival,and the security of the fire,zone before and during the display. a. Federal regulations require that we carry an accurate route pian to the display site. Fax us a copy of the route instructions from the nearest US Interstate to the display area(approved by the fire marshal or other authority,if necessary). s. Notify FAA on day of'your display,according to the instructions in the FAA Letter of Approval,which will be forwarded to you prior to your display. b.COAST GUARD PERMITS(where required: 1. If the fireworks are to be displayed on or near the water,the following may be required: (Requests for permits must be filed at least 60 days prior to the Display Date(135 days prior for 4th of July events). 2. Coast Guard Application and,Permit to Handle Hazardous Materials. S. Coast rind Event Permit. PleaseiaiUalea p Iridial here: + rise PEI c.SPONSOR RESPONSIBILITIES AND EXPENSES(The following services need to be provided.and paid for by the SPONSOR in addition to the Fireworks Display Price. 1) SECURITY: MUST BE PROVIDED FOR FIREWORKS EQUIPMENT AND TO MAINTAIN THE FIRE'SAFETY ZONE AT STAGING AREA FROM FIREWORKS TRUCK(S)ARRIVAL, UNTIL COMPLETION AND CLEAN-UP OF DISPLAY AREA AND TRUCK DEPARTURE. 2) Sand: Please provide 0 yards of sand. 3) Laborer(s): 0,laborers to arrive at fireworks site on (They will not handle fireworks). 4) Hotel Room(s): 0 hotel rooms. 5) Vehicle(s): Four-wheel drive vehicle for movement on sand:Yes No XX 6) if you have ordered a set piece(s),you are responsible for erecting the scaffolding and•it must be ready when the crew arrives d.RADIO SIMULCAST EXPENSES(if applicabiel: 1) Set up and staff a fireworks simulcast command center on site by 1:06 PM on the display date. 2) Provide broadcast relay to PEI Firing Center. Cali our office for details. 3) Speaker system for VIP viewing stands. e.INSURANCE: Please list below the additional insured,as they should appear on the insurance certificate: 1. 3. 2. 4. CIL- Name,of9ponsor kA t Pro Engineering S' nature I I Date B . Si d o ehaif of S onso re Print Name Title of authorized re resentative.of Sponsor Title ■■a araararaasaaaraaaaaasHas arasaaaaaaarararara means raaaasaa■auawas aaaaaraaraaraa■:arannual State of KCAX County of-.kA{ Ir- on the?tday of Mb • in the year&before me,the undersigned,a Notary Public in and for said State,personally appeared gOpin _,persorially known to me or proved to me on the basis ofsst(sfactdry evidence to be the individual(s)whose name(s) is(are)subscnbetrto the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by eir�ejgn (s)on the instrument,the individual(s),or the person upon behalf ofwhich the Individual(s)acted,executed the instrument. atkroprid Office ofindividuat Ew, NIFEfi A SWANSONnga owledgmert ublic-State of New York 0.01SW6249492 fied in Suffolk Count sion Expires c� t Please Initial each e. Initial here- PEI v '611ERICA BANK TnOrr,M1�01AW 88 OLD D _%IMENTALI�i-LC DE "G . ROAD ,"!0 9NVIR 1198 YAPHAN ,9% K N `N", X -ATE MO'UNT PAy T 'HE' 01 k -gin, ........... 11©05204311® 1:0720000961: L 13 S 3 17 C3 9 0 S MAGGIO ENVIRONMENTAL, LLC 52043 MAGGIO ENVIRONMENTAL, LLC 52043 PAODUCT'SMT147 USE WITH OISMENVELOPE Deluxe Corporation 1-800-328-0304 or www.deluxe,coni/shop PRINTED IN USA A dm CHIEF WAYNE MILLER 1 (631)477-9801 -STATION 1 1sT ASST CHIEF JEFFREY WEINGART (631)477-8261 -STATION 2 2ND ASST.CHIEF SUSANO JIMENEZ (631)477-1943-CHIEFS OFFICE (631)477-4012-FAX CHAPLAIN T.MURRAY r ,„ THIRD STREET•P.O.BOX 58 ASST.CHAPLAIN C.KUMJIAN GREENPORT,NY 11944 TREAS/SECRETARY J.KALIN a Email:gfdfire@optonline.net www.greenportfd.org Organized 1845 RECEIVED JUN 9 2015 6/8/16 To Whom It May Concern, Southold town Clerk The Relief Hose/Phenix Hook&Ladder carnival has been approved by the Chiefs and Board,of Fire Wardens for the weekend of June 30th to July 4th with a Fireworks display on the nights of July2nd and July 4th at Greenport High'School. The.,rain date will be July 3rd . If you have any further questions.please feel free to contact me at 831-5645. Firematically, Wayne Miller Chief Engineer 08/01/2016 MON 10: 43 FAX 631 734 7079 Cutchogue Fire District --+ Southold Town Clerk 0001/001 CUTEDEPT.F C`�.J T� HOG qJ E Y URE DE�ARTM 1.L `r T FIRE DEPT Office of the Chief — 260 NEW SUFFOLK ROAD, CU'r0-10GUE, L.I., N.Y. 11935 NEW"W (631) 734-6907 FAX (631) 734-2818 • www,cutchoguefiredel)t.org • ES1'. 1928 William Brewer Lawrence Behr William Burns Tired Kaelin Jr. 'Fhoinas Roslak Ch:.f 1st Assrstaw Chief 2ard Assrstaw Chic DL' a!'l711Pl1t ,SCCTCIal;)� CFrn/ilairr August 1,2016 To: Elizabeth A Neville,Southold Town Clerk P.O. Box 1179 RECEIVED Southold, New York 11971 AUG 1 2016 Re: Fireworks Application—Stanley Lomangino Southold Town Clerk Dear Ms. Neville: I have received and reviewed the fireworks application submitted to your office by Stanley Lomangino/ Mattituck Environmental for a permit for to be issued for August 13, 2016. The Cutchogue Fire Department has reviewed and approves the issuance of the permit in the same manner that has been done in previous years for the applicant. If there are any questions please do not hesitate to contact me. Sincerely, William A. Brewer; Chief Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday,June 22, 201612:36 PM To: 'Jo-Anne Triolo' Cc: Flatley, Martin; Fisher, Robert, 'cutfd@optonline.net' Subject: Emailing: Fireworks Permit MattEnv20160622102954 Attachments: Fireworks Permit MattEnv_20160622102954.pdf Attached, please find the Fireworks Permit for Mattituck Environmental/Lomangino,July 4,.2016 approved by the Southold Town Board in Resolution 2016-608. Elizabeth A. Neville, MMC Southold Town Clerk&FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 From: Jo-Anne Triolo [mailto:joanne@bayfireworks.com] Sent: Tuesday, June 21, 2016 1:46 PM To: Neville, Elizabeth Subject: Re: Emailing: Pyro Engineering Contrac_20160609163818 Good afternoon Elizabeth. Please let me know if the application for permit for Mattituck Environmental(Lomangino residence)has been approved. If yes please fax or email a copy of the permit to our office. Thank you again for your assistance with this display permit. Sincerely, Jo-Anne On Fri, Jun 10, 2016 at 9:12 AM, Jo-Anne Triolo <ioanne(-),bayfireworks.com>wrote: Good morning, We received the renewed license for the lead technician,Robert Ceely, PR-51. Also attached is the updated contract on file. Sincerely, Jo-Anne On Thu, Jun 9' 2016 at 6:26 PM, Jo-Anne Triolo <ioanne@'bayfireworks.com>wrote: Yes. They changed their display date. I will revise dates on the contract and resend in the morning. i ® Ft1-r®v, ELIZABETH A.NEVILLE,MMC �� % Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 CA a}: Southold,New York 11971 REGISTRAR OF VITAL STATISTICS & Fax(631)765-6145 MARRIAGE OFFICER �' �`' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD PERMIT For PUBLIC DISPLAY OF FIREWORKS I, ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold,Suffolk County, New York, being an officer duly designated by the Town Board of the Town of Southold for this purpose, do hereby .,GRANT TO: MATTITUCK ENVIRONMENTAL A PERMIT FOR THE PUBLIC DISPLAY OF FIREWORKS by said organization in accordance with the provisions of Section 405.00 of the Penal Law of the State of New York at 9:30PM, Monday, July 4,2016 (Rain Date 9:30PM,Tuesday,July 5,2016)on Private Beach on Property of Stanley Lomaneino,9205 Skunk Lane,Cutchosue,New York, upon payment of a single fee of$100.00 and subject to the applicant's compliance with the requirements of the Town's Policy regarding the issuance of Fireworks Permits. l ON CONDITION THAT the bond(indemnity insurance)required shall continue in full force and effect in favor of the Town of Southold, and PROVIDED that the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest building, public highway or railroad, or other means of travel, and at least fifty feel from the nearest above ground telephone or telegraph line, trees or other overhead obstruction; that the audience at such display shall be restrained behind lines at least hundred and fifty feet from the point at which the fireworks are discharged and only persons in active c.harge.of the display shall be allowed inside these lines;that all fireworks that fire a projectile shall be so set up that the projectile will go in the air as nearby as possible in a vertical direction,unless such fireworks are to be fired from the shore or a lake or other large body of water,then they may be directed in such manner that the falling°residue`from the deflagration will fall in to such lake or body of water;that any fireworks that remain unfired after the display is conducted shall be immediately disposed of in a way safe for the particular type of fireworks remaining; that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour;that all persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two soda acid or other approved type fire extinguishers of at least two and one-half gallons capacity each shall be kept at such widely separated points as possible within the actual area of the display. --------- ----------- (Town � Seal) Elizab A. Neville,Southold Town Clerk Suffolk County, New York Date:6/17/2016 RESOLUTION 2016-608 ADOPTED DOC ID: 12029 THIS.IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2016-608 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 14,2016: RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Mattituck Environmental LLC for a fireworks display on Monday, July 4, 2016 at 9:30PM(Rain Date: Tuesday, July 5, 2016 at 9:30 PM) at 9205 Skunk Lane, Cutchogue,New York,upon payment of a single fee of$100.00 and subject to the applicant's compliance with the requirements of the Town's Policy regarding the issuance of fireworks permits. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell RECEIVED u�Fot UN 6 2616 Town Hall,53095 Main Road ELIZABETH A.IVDVILLE,MMC �Q � TOWN CLERH P.O.Box 1179Southold Town Clerk C* 3 Southold,New York 11971 REGISTRAR or VITAL STATISTICS p � � Fax(631)765-6145 MARRIAGE OFFICER �'� QQ�' Telephone(631)765-1800 RECORDS OF MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOU MOLD APPLICATION PERMIT TO DISPLAY FIREWORKS APPLICATION IS HEREBY MADE, pursuant to the provisions of Section 405.00 of the Penal Law of the State of New York,for a permit to display fireworks as hereinafter specified: DISPLAY IS TO BE SPONSORED BY Mattituck Environmental 0 4zp a G PRINCIPAL OFFICE AT 800 Wickham Avenue, Mattituck, NY 11952 a29g.29g80 DATE&TIME OF DISPLAY 7/4/16 @ 9:30 pm EXACT LOCATIOMOF DISPLAY Private Beach— 9205 Skunk Lane, Cutchogue SUFFOLK COUNTY TAX MAP NUMBER FOR SITE RAIN DATE&TIME 7./5/16 @ 9:30 pm The following persons are to be in charge of the actual shooting of the fireworks: Name Age Experience Physical Condition Robert Ceely dob:4 15/16 7 yrs + Hen r-1,• FYrol jean (Additional names and information may be submitted on an attached sheet Number and type of fireworks is as follows: 1.3G Fireworks 2"-2.5"=1,010. Ckaes=29. Manner and place of storage of fireworks prior to display: Delivery day of display. Attached hereto and made a part of hereof is a diagram of the grounds on which the display is to be held. Also attached is a certificate or policy of insurance coverage. NOTICE: Written permission,with signature of the Property Owner,must be submitted with the Application. � crC(c U({ FEE: $140 ANarganization See policyy-.for additional information L oof Applicant A )6ate f Application e--mai I A,Ajresr. �O rv)a- ..I ho. rriC1hi 0 4 rn i * * * RECEIPT * * * Date: 06/09/16 Receipt#: 206930 Quantity Transactions Reference Subtotal 1 Fireworks 07/04/16 $100.00 Total Paid: $100.00 Notes: Payment Type Amount Paid By CK#11388 $100.00 Mattituck, Environmental Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Mattituck, Environmental 800 Wickham Avenue Mattituck, NY 11952 Clerk ID: SABRINA Internal ID:07/04/16 2016 Jun 16 12:18PM HP Fax page 1 �iE DEPi. CUTCHOGU.E FIRE DEPARTMENT � Office of the Chief qP 260 NEW SUFFOLK ROAD; CUTCHOGUE, L.I., N.Y. 11935 'VM (631)734-6907 FAX (631) 734-2818 www.cutchoguefiredept.org • EST. 1928 - William Brewer Lawrence Behr William Burns Fred Kaelin Jr. Thomas Roslak Chief 1st Assistant Chief 2nd Assistant Chief Department Secretary Chaplain RECEIVED June 15,2016 JUN 16 2016 To: Elizabeth A Neville,Southold Town Clerk Southold Town Clerk P.O. Box 1179 Southold, New York 11971 Re: Fireworks Application—Stanley Lomangino Dear Ms. Neville: I have received and reviewed the fireworks application submitted to your office by Stanley Loma ngino/ Mattituck Environmental for a permit for to be issued for July 4,2016. The Cutchogue Fire Department has reviewed and approves the issuance of the permit in the same manner that has been done in previous years for the applicant. If there are any questions please do not hesitate to contact me. Sincerely, William'A. Brewer;Chief servlet.FilelYownload(JPEG linage, 1400 x 677 pixels) littps://c.na2.content.force.com/,;ervlet/servlet.FileDownload?file=OOP4000000EOoTR !A r T T-v v AF JULY 4, 2016 A #-qz, w0,7-4 01 1 AM ;Uzi AW,VAo T-3 W " ,i; 1"IEN 01 �5 '-��-77- W, r OzH;,, e2 Set- 'Lv q T-I Tou k 1 of 1 5/7/2013 3:16 PM TE MMIDDIYYYY) A� CERTIFICATE OF LIABILITY INSURANCE DA 02/2612016 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 Allied Specialty Insurance, Inc. PHONE FAX 10451 Gulf Boulevard -� �mss): —__ AIC. lc MCI: Treasure Island, FL 33706-4814 ADDRESS: 1-800-237-3355 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:T.H.E.Insurance Com a_y _12866 INSURED INSURER B Pyro Engineering,Inc. — �– dba:Bay Fireworks INSURER C: 999 South Oyster Bay Rd.,Suite 111 INSURER D: Bethpage, NY 11714 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. ILS TYPE OF INSURANCE ADD SUBR POLICY EFF POLICY EXP - POUCYNUMBER tMWDDWM IMMIDONYMLIMITS A GENERALIJABILITY CPP0101284-06 02/15/2016 02/15/2017 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DOGE TORTED PRE IS Ea occurrence) $100,000 CLAIMS-MADE FKOCCUR MED EXP(Any one person) $N/A PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $ _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY I PRO- JEra El Loc JProtection&Indemnity Fs1,000,000 A IAUTOMOBILE LIABILITYCPP0101284-06 02/15/2016 02/1512017 Weac�lideDSINGLELIMIT 1,000,000 ANY AUTO BODILY INJURY(Par parson) $ ALL AUTOS OWNED Ix SCHEDULED AUTOS BODILY INJURY(Per accident) $ K HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS era den $ I $ A UMBRELLA L.IABX OCCUR ELP0010292-06(VL) 02/15/2016 02/15/2017 EACH OCCURRENCE $4,000,000 �( EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTIONS $ WORKERS COMPENSATION STATU- 0TH• A AND EMPLOYERS'UABIL.rrY YIN WCP0005167-002 02!15/2016 02/15/2017 ? WC QBY_LIM ANY PROPRIETORWARTNER/EXECUTNE E.L.EACH ACCIDENT 51,000,000 OFFICERIMEMBER EXCLUDED? NIA Coverage is afforded in the State(s)of CT,DE,FL,GA,IL, MA,MD,NC, (Mandatory In NH) NJ,NV,NY,PA,RI,SC,TX&VA. Policy d es not provide dlgability benefits E.L.DISEASE-EA EMPLOYE' $1,000,000 Dyes,describe under In New York I E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION un OPERATIONSbelow A EXCESS LIABILITY/OCCUR ELP0010296-06(GL) 02/15/2016 02/15/2017 EACHO.CCURRENCE$9,000,000 AGGREGATE$9,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedulo,if maro space Is required) DISPLAY DATE:07/04/16 RAIN DATE: 07/05/16 LOCATION:9205 Skunk Lane,Cuchogue NY RE:GENERAL LIABILITY,THE FOLLOWING ARE NAMED AS ADDITIONAL INSURED IN RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY:Town of Suthold;Anthony Lomangino Property Owner;The Love of Family LLC CERTIFICATE HOLDER CANCELLATION Mattituck Environmental Thirty(30)Days Notice of Cancellation Applies. 800 Wickham Ave SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Mattituck NY 11952 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZIIO'�IEPRESENTAYO Cert#2457 / J ©1988-20100 ACOft CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD U.S.Department of Justice Federal Explosives Uleells,O/Perlmit Bureau of-Alcohol,Tobacco,Firearms and Explosives (J8 U.,S.C. C'hapier 40) lnar�rn,tutat:nrlicimtnsrmtm.ttarm In accordance with the'provisions of Title XI.Organized Crime Control'Act of 1970.and the regulations issued thereunder(27 CFR Part 555),,you'may engage in the activity specified in thi's license or pennit within thejimitations of Chapter 40,,Title.�8,United States Code-and the regulations issued thereunder,until,the ,expiration date.shown. TM$LI€'ENSE 1S N4YJC TR.<k Al F1EItA gl °ICER ?�C S #s See'WARNINGS"and'NOTICES"on reverse. -Direct-,ATF ATF-Chief,FELC Correspondence To 244 Neeiiv Road t .° ,: ;Y` ,'. I3iunber . „.`'w ® -050 u I' Q °III Martinslaurg.WV 25405-94SU, : •�: ; =r. ,.� i s i Chief Federal Explosives)—Licensing Center ' > r LC , ' <. Expriatioit ,:€' dk�4 A ,'C �► t.":rc ��. 3 " Date } g OBA BAY FIREWORKS-&IN(T_T��P.` IMP, v � , (�{ YRS ORT ER(IPI), Premises Address(Changes? notify theiFEl Camkleast'10 days:trafore rile tsxoee;) _.." '" `' `:�•,s 4,; ' ` nj rte' 999 SOUTH OYSTER BAY RD°SUITE 1 UA y BETHPAGE NY 11714 F� ;` `` iR:. TypeofLicense.orPemtit. 51-IMPORTER OF EXP 4q Purchasing CertificaUontStatetitetit i "....... `.i ~-Mailing Addi'ess1(Chaftges?;Noiif}tfte FELC ofany Changes) The licensee or permittee named above shall use�a:cop�gfthis,7�icatse bf perrriiit o,assist a,--, . , rc, ,>V` - transferor of ex0io'sives to verify the identity atEd the-f ceased stattis'of tli'licensee permittee'a�provided by 27 CFR Pari 555. The sipnEdure on,each ccov miist'be an orttyinal .a'" " ° siattature. Alaxed scantiedore itiaileil" ofthe ticena .'esitlit a si` tP�'RO EhltalIVERING ttVC �pY #h gni lure ,�,,E•. . .r>r t� intended to bean original signature is a4;c able. The siv`ai""e'I ' that ofthe Fede?af� DBA BAY:i;tFi�C? KS•& I N('NTL PYRO IMPARTER E' losives Licensee`FEL or a r a ' ~' ' xp see(FEL) esponsiblepersonofthe IiL-1'cert' ;th thix:isaMe copy of a license or permit issuedtoUte licensee or pemiittez"nam:tt'alidve tgeugagr°ih the m w t. i business or.operations specified above under",Type of Li&wke or°Peitnitl!' `k r ;v 998'SL'7UTH�OYSTER BAY RD SUITE 111 Nom., ,eMr,, .. 1 •�e PRi N 1714- �, A I:icenseePermirtee Responsible Person NaSignature Positi. Title i t PrintedIto Date' Mr- ata-iaou,twssx,.IzFatr- Prei'EoasEditiatasUbsotete PENOEAGAIEEflB&SiNC99960i110GfStE08A1PA�11rE1117ttlI�NY-55A817F0612A y1;7Et13t >bfltEhOfEXilOS3YF5 RcvisWOctobg'2(lll Federal Explosives license(FEL)Customer Service Information Fedcral.Explosives Licensing Center(FELL) Toll-free Telephone Nntnb&. (877)283-3352 ATF 1-lomepage,mww,atf'gov 244'Needy Road F&xNumber*, {304)616-4401 JV artinsburg.WV-25405-9431 E-mail FELCrg atf gov Change of:iddress (27 CFS 555.5dk)(P). Licensees or-permittees may during thetenn of their currdht license or permit rernovetheir'business or operations.to,a, new location'at which they.intend regularly to gam on such.business or•operations. The•licensee or permittee is regtiired'to gibe notification of the new todation'of the business or operations•not less than IO days prior to such'reinoval tyith the Chief Federal Explosives,l:icensirig'Center; The license or permit vviilbe,vrilid.for`the remainder`of the terns of the original license or permit. (The Chief,FELC,shall,if the licensee or permittee is not qualified,refer the request for amended license qr penlir t to ffie,bkector of 7ndustrw Operations for denial in accordance%rith§555°54) Right of Succession 077 CFR 553.59). (aj-Certain persons other than the licensee br"permittee may'secure the right to tarn•on the same-explosive materials business oioperations at the same address shown on,an&lbr the remainder ofthe terra of a current license or permit. Such persons are, (I The sur�ivmg spouse, or child'or executor.administrator;or other legal representative of a'deceased licensee or permittee;and(2)A,receiver or trustee.in,bankruptcy,or.an assignee for benefit of creditors. (b)In order to secure the right.provided by this section.the person or persons eontiriuiag the business'or operattons Aall furnish the license.or 'permit for for that business or operations for endorsement of such succession to the Chief.FELC.within`30 days from the date on wbich•the successor'begius to carry on the business or operations. Cut Here X (Conitntigd on reverse side) t Federal Explosives LiceitselPermit.(FEL)Information Card t t i License Permit Name:PYRO ENGINttfijNG INC l � � 1 I Business Name: DBA BA ""I-," , 4A JNTNTL PYRO t IMPtJRTERA 1)t I LicensoVernirt Number:ti NY{i 3.5(-TE-OtI129 t 4= FF K I LicensoTennit-Type:51=IMPOk�IER:t)F.E)(t?LdSIVES .J.;r Expiration; May 1,1017 I Plewe Note: Not Valid forthe Sale'or,Other Disposition of E plosives, f I t N ;STATE.OF NEIN YORK ��� � DIVISION OF., DEPARTMENT OF.LABOR F SAFETY AND HEALTH LICENSE TO DEAL iN'OR MANUFACTURE EXPLOSIVES ; Expires: 12131/201,6 . 'P,yro Engineering,Inc.dba Bay Fireworks 999 South Oyster=Bay Rd,Ste 111, THIS LICENSE MUST 'BE ' ,Bethpage, NY 11714 POSTED IN YOUR PLACE J T y OF BUSINESS Den'in 'P. Brady Jr. License No D-5731 „ is,herepy licens0d'to deaHn or manufacture explosives in compliance with'the requirements of the Labor Law and ' ;Indust0di C e'Rules. Any change in the conditions under which this license is granted may cause,it to be; 3 {,revoked:3 Eileen M.Franko,'ActIgg Director FOR ~ ;1 ?,F THE COMMISSIONER OF LABOR ' 'Every person selling,delivering or,giving away any explosives must keep at the principal place of business within the state,`a fecord of each transaction,including: " 1) the NAME,orTYPE and QUANTITY of explosives'SOLD,DELIVERED.or GIVEN. Note:No license is needed,to purchase'smokeless.powder,or black powder in quantities not exceeding five pounds for use,in , firing antique firearms o`r'artifacts or replicas thereof. However,dealers MUST posteli such transactions on ' the"Dealer Manufacturer Report of Explosives Transactions'. ' ,2) tiieDATE OF EACH SALE,`DELIVERY or GIFT. 3) the NAME;LICENSE NUMBER;-and BUSINESS ADDRESS of the purchaser,donee,or person to whom the'explosives were delivered,and the firm,if any,represented bysueh"person. _4) the;NAME,'ADDRESS,and LICENSE NUMBER of the person TAKING THE EXPLOSIVES AWAY from the seller or, aonor. < SH-862(5-98) ;t ♦ °. iq y RTY . .......... x:75 ft radi,U.S-, 2-.5 inch,: maX . . r* tr+* Lb �' SSkunk yy �Fe 7+ x •{� { 1+# � �. p �• �4 �;"�,� �r �.� � �+..� i� tom• s.';.:�yt•=. ` ..;� _ - _ ,l,.i _ '` X,*P wry.} � ice_ om'C 'AT'4`:. y '�� 171 :Y � �• � J .F � �..+r�. i .A 1 i F i", +'y�_."Y',ti'e .•( C' ':E: Tr, t 7"n*,.t �.- rh y. 'r ', `^'"r 'WC�.5`,+.a.`+r.� vy I`4`^' '-�' �rt' t'O''"''F' .x. r � nsr�" pQ A(�yy�" �ryi�i///��r!!, pa{y.� £ ++� aw1./�-Y> ■'i Y17� ■ �•.■ .,xKf �� ; rk�,„, SIP d f n: f CUTCH r.,, AUGUST 13, 20 6 s < k n 4t. .yad0`N r rip l § vi <t t �► AA p .. a a � rJa s •; ti� � ,� a �^ - a f � ��� ,?'i ..k.�t.:�`� .�c.,. ����>,4}�t � r ;,t ..,a s -fit ��*.Y,,�i..����eL_yy -.:•ai' b `,1 i�S+'fr• ,t Rye,'>.•s� ,y;�.• : ; Y +Y "` ,� .. ,... 'SS V 5z I 6 ORK l nt Cutchogue.NY g;, x pr�•�.i ��: �, ''��•.t,�" v ,, "��ti, :.tr+. .,,, ::' �.�.�� ¢` � ^Ye T�k.. `,�, `f.; �..".w'• .x?',� q x !s• :7�t T` '�t �- Y 'ids ��„P. . S't�''YY•i".,�Y�1�...��� �,��cj�t:�u '-�` �„�t&'y '..'� � �+���+��� z a�>3� � _ L� ::`1 �'��� 4'�t��..'JRa rN7��_ � '' s W W ^� � d {'• �4'�cam'icy'f `' x r:',r''3 >�b-,yr t�, er'.IF+ S .vr�'� �. �, �'�•'' :”" � ar'kv. $x�' � __ !� ¢y �+� �'� } t ;� w s + I rye, x! t fl #Z. x� i b•G. x tifys t.} . .tG b4 wap 7-, af,r c`C y z_,iXr� �c �� 'k}' .,; � _P._� S. L2�L', ��:�y;;' if .��t ��;`� (•:'� A Carr'1"9+'+ 1w�,' t n ���"{�`. '�.�TS'�trt'..'�r"x P a '''tr tet' /.- `'�i•rR' #VfR'Yy� � ai264,, a� \ 14S5M,- "v,�..r �} t --." ,.�..'r¢L': R�r �3 S �•7 �1\.J*,.t a 't".,1,�t-�., k ;• i; ,'' ' �'' i{ ra'013-Gooylo d .,�,t M t V t ������; '" '�_ 'i ft i°Yt � My: s r�ri ��u. �� �f"'�� � �x• y, ,^ " ���' �•. �ti.� .'� �`��'`�":` t `�' {'��'rizrtc;>d"yr'x�a�* .►,x��1" '�'�.�u�x`�3,`�':_ r�'k'�" .� �Yz3?�? _ 4#�'���`ti:'3" "��z�.�'�n �. servlet,FileDownload(JPEG Image, 1400 X 677 pixels) https://c.na2.content.force.coin/servlet/servlet.FileDownload?file=00P4000000EOoTR �'^ i:^'�•,.�` c!,^�t �:.- R. °�, �.`��'.v w" �', 'jr,: '? �4�� � ° �'�A't ���i�k�^ G�3 "��^+�1:. 6�'+»;��n .4��� yr'..tK •,g'4�A°,`h�»A � ' nF L'^f.,^e ,���c�;; �Ys�y�::.'•� 3 'Yt � w 73p. aid .pf4 ,;•"• ��" � d..!jr;_Y�' '. ��V tY�(:-�' �:�°'' k N: .� �;�°.'"fir' _ �. r3. •;�. ='�at.. .. ��;` �.�e +'va sa3, .�� ,�ty.;� � ��,G JULY 4, 2016 ZA �, y ��' ..q `moi�'. �r'V�,'�«`•,yi�3'�`'z .:4/i1v v� �( j ��,. `"""rrr .. ` t�33'},Ti:3 it .s"'°''•!. - ,a'M' J.e .tom b^, tn C �•tn"k.,.y '�"d �v� �x e!` i':�a;.�>t�,.� ' � x61 4"`T':.. ",�)�' `rY+KeUy�€*��f«�4 4v'. !rA"'y e-"N �i 1.�'�rS' '�'a L:.Y Iy, � y`:^sM.:., � 4� �t4i„�VH�:•��/" .•3? t iry��i�`�. a�X� k.�. �'.'?{'r:.v"e:° nflaia�; i�''t�y ,,✓ i•�%"M `" "4 ...�" A �� y.�.;��. �rt�k9�& ���' -�a "}"�' sfi5.. '�'''�y"•�a;^ # .e't .�` � T;;;�;, w� �� ,� , wT '�.,��`."`�.:x",ty� �w� ;•�„.;��:' �3 � ' .,y. •v� %. �', .�§;, v o �,`�^t�9?i' �%�_����r�^�' � ,�,� `�' :, -s°"'0., a �vr.,s � s"�. 'tt; '4A" �%r ,,^ ':�'r�'r'��`,�:s:$4fk`S?'ex.zr�r.<" s.,,;w"`�•-�'�.�qx`-t -a�;^�X{''3X":";�;, �-�� .:i,,'��j,s.�`t,- E• ase:'.-::.vr.��',.'�`,��.,. xYa �;!�` �'; ,;,F.: "•�:.-�:� ya-:�* r,:., tom'.+sa ,...pra�'� rr-.a.�a "NOWas•,•t,`,.x g �. °'�, ^.Eke 'T`=c'_�.:,;g•%,J'i" ,,+a„ ���f �.ee .re',.. ,�:J';�; r�%��� � , ,aka w:�•- !� :'•.��,�<: ��tH•.< ? n f, Y',' P°sF ra 'iY=i3"•mss. t_"rk..,-.,%', r:`G�s'•�.:"'�'ss`°'`._.� �: _ k `s4 -'''3�;+='•'^r „ " .n lx�' "q�� ��._. !jN`'�',:..��py,�,;f..`^' i y^ w.�"�.'�,,,�r',(. .�6 YS' t• !•f"• 'i y{ ,may F.. 4N'�A�� r1; �, m :`,.s 5i •� ",„'; t t.:, #� ;!. '�✓,'.?�.✓'"n"i .. -^ _.� rz,•„?"-"'+,•„rw` "S: ''5'+n '�yi, �' "ea.v+ Y,ro�'' �:s'tir y+a,,a,� �•" es yR' 4 �� ' �'' `�" •� P qY."i ' t�� rF„t ?y�., � 'Y f�e;� a;s_” /� }t��t`a "`i�„ a$'"•'" _ •C, ,3Y, •`�t`� i:�,sft'.et� -�4+'1.��✓�:'k!�l Y� r;, �V la' � J �• `'� 1,� A m i !&. ,�1�,� .�'1. y.�l. �'•."! a,.51'rt_:i �.$'��'F�! �>'p'a���.�-��•'`r s. t..+`.. _ � x11 d a 4 ;>��.'� `.`,✓`t '',t�`�- ,��„��r�%cw":�i, a> -,�;;zca;,::�s ";K F��f;•,.A.���'�.` Ys• .L�,��. _ er ;,.�asdd x.���;,rW�r�r�._,;,it,:�!:va,�+, >a�'r� ^L° �. ;� .'fS�`; ::��.= "•'.�.�'.s x.. �.>qa:.�.. i ai�' y"' a a•' ” Y aa� r' p `° �.� �i:'v' �,,� ' �:;` ~�,�u •'.X'w�'�i� � - .xre� ' wss"<gqy,,�. ,." =�u"•"-, /:,L,��y� „� rfit�', =�� ,+�:;�' .� ," , €,.>; �,�%�. �,, °. �� �P YM µ.a3�•e�'v�x �'y,,!" �'�.,:_%'<>; ,,f sk ,, Y_; `,r.>r `�'-.,ts, y$�'�3s��v .,,.,Y y°t?!t:[.°�G"�o•. 1 of 1 5/7/2013 3:16 PM ..DMV# 793091361 IF FOUND, RETURN TO: BYES MW NYSDOL - LEC UNIT asa Ham SRO ROOM 161 BUILDING 12 HGT 61 0 rl STATE OFFICE campus ALBANY NY 12240 146R . MM ME Nyq) ---------- wyE 51N MY- �p "M q TE (MMIDDIYYYY A� CERTIFICATE OF LIABILITY INSURANCE DAO2/2612016 ' 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(les)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 Allied Specialty Insurance, Inc. PHONE 10451 Gulf Boulevard _(cN�>;�I�: ____�--�—��C E-MAIL Treasure Island,FL 33706-4814 ADDRESS: 1-800-237-3355 INSURERS)AFFORDING COVERAGE _ NAIC_k__. INSURERA_T.H.E.Insurance Company 12866 _ INSURED INSURERS: Pyro Engineering,Inc. INSURERC• dba:Bay Fireworks ------- -- 999 South Oyster Bay Rd.,Suite 111 INSURER D:, Bethpage, NY 11714 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. RSTYPE OF INSURANCE ADD St1BR POLICY EFF POLICY EXP POLICYNUMBER MMIDD MMIDD GENERAL LIABILITY LIMITS- CPP0101284-06 02/15/2016 02/15/2017 /� I EACH OCCURRENCE IS1,000,000 X COMMERCIAL GENERAL LIABILITY I PREM ES(Ea occuE Sems_ $100,000 _ CLAIMS-MADE Fx_1 OCCUR MED EXP Anyone person) S N/A PERSONAL BADV INJURY 51,000,000 GEN_ERALAGGREGATE I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP AGG $2,000,000-_---_ I POLICY I I JECT ElPRO- LOC Protection 8 Indemnity $1,000,000 A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY CPP0101284-06 02/15/2016 02/15/2017 (Ea accident)______— 51,000.000 _- ANYAUTO BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BODILY INJURY Por aeedant S AUTOS X AUTOS LP ( ) X HIRED AUTOS x NON-OWNED I(p�a clde^DAMAGE — A UMBRELLA LIAB X OCCUR ELP0010292-06(VL) 02/15/2016 02/15/2017 II EACH OCCURRENCE 54,000,000 J`C EXCESS UAB CLAIMS-MADEAGGREGATE _ $4,0__0_0,000 ET I DED RENTIONS $ WORKERS COMPENSATION )( WCSTATU. OTH- A AND EMPLOYERS'LIABILITY YIN WCP0005167-002 02/15/2016 02/15/2017 ORY_LIMITS_I_ ANY PROPRIETORMARTNERIEXECUTIVE I E L EACH ACCIDENT $1,000,000 OFFICERIMEMBER FXCLUbEC7 N/A Covorogo is afforded In the State(s)of.CT, E•FL.GA,IL,L k,MA,MD,NC, --------"-- (Mandatory In NH) NJ.NV,NY,PA,RI,SC,TX&VA Policy dies not provide cl ability benefits E.L.DISEASE-FA EMPLOYEE S 1,000,000 II yes,describe under In New York 1,OOD,000 DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ A EXCESS LIABILITY/OCCUR �ELP0010296-06(GL) 02/15/2016 x211512017 EACH OCCURRENCE$9,000,000 AGGREGATE$9,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,II more epaco Is requled) DISPLAY DATE:07104/16 RAIN DATE: 07/05/16 LOCATION:9205 Skunk Lane,Cuchogue NY RE:GENERAL LIABILITY,THE FOLLOWING ARE NAMED AS ADDITIONAL INSURED IN RESPECTS TO THE OPERATION OF THE NAMED INSURED ONLY:Town of Suthold;Anthony Lamangino Property Owner;The Love of Family LLC CERTIFICATE HOLDER CANCELLATION Mattituck Environmental Thirty(30)Days Notice of Cancellation Applies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 800 Wickham Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Mattituck NY 11952 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED/REPRESEN TAT/t/� Cert#2457 L C ©1988-2010 AC0,Rb CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD U.S.IDepartnmeutofJustice Federal Explosives License/Permit Burea u of Alcohol,Tobacco.Fireanns and Explosives (I8 U.SC Chapter 40) nttntat®,ntml:nnlrnatusrrptaalaitt In accordance with the provisions of Title X1.Organized Crime Control Act of 1970.and the regulations issued thereunder(27 CFR Part 555),you may engage in the activity specified in this license or permit within the limitations of Chapter 40,Title);fi,United States Code and the regulations issued thereunder,until the expiration date shown. THIS LICENS);ISNOT TRANSiFERABLE'UN"D'E122'CFIt 555:53._--See"WARNINGS"and"NOTICES"on reverse. Direct ATF ATF-Chief,FELC -,'`i `�+`�''`�:`,...:,= I I goo r,aN� .);icer /Pewit ] f !Correspondence To 244 Needy Road : 1. a" ,. : r,,,Ax;, ,. ;i m^. T7Utltier^.; , 0 0 Martinsburg.W V 25405 9431:F,�!S✓H'` � g:i;' •; 5 ; n< '' =1.•K. Chief,Federal Explosives Licensing Center(FELL ? � 5: �'`"'' ' xpir r Eations' Date NameT�4 ' DBA BAY FIREWORKS&IN,TNTL'`PYRO` IMPORTER 1 I !.,.r"�.�zl:,� st c rw" ;,..iiiaF:b+,.s`S";.�:y- .t.a:.r"-•3�,',z�';•�>., 1:•�h.::�;y Syh Premisesddre s .• ;4:.: r,>,h-,, -._..s">z E.;,; ! ,d h A s (Changes. NotlfidtePP.l a le5aijOdays;b@forathemove:)ta`' t-";? i.= -'.°'•its ., << 4; µ ,k 999 SOUTH OYSTER BAY�RD SU17E 111 ,c ;N. . r' BETHPAGE NY 11714- / .!d•E -�'.•.`d'.. 'at•./�:�«i' 'l:r$z F3 � sni:.4f s..,t 3 vi Type of License or PermitW.', 51-IMPORTER OF EXPLO9IVESyr', t z =;,`• = - i Purchasing Certific5don$tqen��it, x 'i,i� 'w; Mailing Address(Chal�ges >Notify the FELC of any changes.) The licensee or pennineenamed above shall uso,a'cop b$thisiicense of, eTt it to�tmssist a, d';3, ` ' '' W , ET, 01 V transferor of explosivesto verif}-the identity andihe libenaed sllitd oftlietlic4 sez o>;'•e k: =? CE¢'+� .L L�y, ;':.,�•k•. ..' ".';i,..^=�,.`7>v�'tk". .rt'7�'Fs"YT,"''``' permittee as provided by 27 CFR Part 555.Ilse simaturei em.each wnv must be,an•oripLnul s 3• r'+ si azure. Afaxed,sEanEttdorenEailed -,,, ,,~-PYfiO ENCa11VEEFIING INC copy ofthe licerisa"or crani vi0I a sipji'.'dure ::}` •1, * ,r.. t r intended to be an original signature is acceptable. Tlie signalur�5 it Vj�that otihe Fede6r ;„, DBA BA3&F�IRJ~,W �RKS&I NTNTL PYRO IMPORTER Explosives licensee(PGL)or a responsible person ofthe FEL.'_f1`cce,i�tliq�liic is a tnta (�)Yat"°< >,C• J- t COPY of a license or pennn issued to time licensee or pernutteenamecl-atii3ye d tgage jjtifh y,,t-p 9tStJlJ I'lizOX57ER BAY RD SUITE 111 business or operatimis specified above under Type of License or•Prnmtit'+t,' 2s.r```'=_a. . ;; ,;. Y,; °' ',A 10E'NY 11714- ., LicenseePerrnittee Responsible Person Signature Po'sittbt✓,Tiflc-` ' ; Printed Natnc Date A•IT rotin 540014'U,A 15 Pmt i Previoas Edition is Obsolete P1n0EXGMfEIpgII1BC5f/69X1(107611n0AE 8061111E tf1.f1fU8 HY b5P 117E•BbttlNsl1161131•WPOgIfAOf E%PEOL4S5 Revised October.2011 Federal Explosives license(FEL)Customer Service Information Federal Explosives Licensing Center(FELC) 'Poll-free 1 elephone Number: (877)283-3352 ATF homepage;%,.v,%atf gov 244 Needy Road Fax Number. (304)616401 Martinsburg,WV 25405-9431 E-mail• FELO;a atf.gov Change of Address (27 CFR 555.5d(a)(I)). licensees or permittees may during the term of their current license or peintit remove their business or,operations to a new location at which they intend regularly to carry on such business or operations. The licensee of penmitice is required to give notification ofthe new location of the business or operations not less than 10 days prior to such removal with the Chief:Federal Explosives Licensing Center. The license or permit will be valid for the remainder of the tem)of the onginal license or permit. (The Chief,FELC,shall,if the licensee or permittee is not qualified,refer the request for amended license or perntit to the Director of Industry Operations for dertial in accordance with§555.5.4.) Right of Succession (27 CFR 555.59), (a)Certain persons other than the licensee of permittee may secure the 1 iglmt to care•on the same explosive materials business or operations at the same address shown on.and for the remainder of the term of.a current license or permit. Such persons are- (])The sur,,iving spouse or child,or executor,administrator,or other legal representative of a deceased licensee or pernnttee.and(2)A receiver or h ustee in bankruptcy.or an assignee for benefit of creditors (b)In order to sectue the right provided by this section.the person or persons continuing the business or operations shall furnish the license or permit for for that business or operations f'or endorsement of such succebsion to the Chief.FLLC.A*,dhin 30 days from the date on which the successor begins to carry on the business or operations. (Continited on reverse side) Cut Here l Federal Explosives LicensetPetmit,(FEL)Information Card I License-•Pei nit Name:PYRO ENGINEERING INC 1 I BusinessName, DBA 13AY,FIREWORI §,4(NTNTL PYRO i IMP0,0TER,(IPI)�;,; License Permit Number 6-hf;,b 9-5i-7E-00129 1 1.icensa?crnlit Type 51-fMPORTER'OF,£XPLOSIVES i I Expiration. May 1,2017 { I I Please'. ote: Not Valid for the Sale or Other Disposition of E+plosrvas 1 -----------------------------------• ,STATE.OF'NEW YORK P`e Ntw DIVISION OF, DEPARTi E' N'T OF LABOR SAFETY AND HEALTH ' LICENSE TO DEAL IN,'OR MANUFACTURE EXPLOSIVES Expires: ' '1213112016 -Pyro Engineering, Inc.dba Bay Fireworks 999 South,0yster,Bay Rd,Ste 111 - ,.THIS LICENSE MUST-BE, Bethpage, NY 11714 POSTED IN YOUR PLACE : . OF BUSINESS , Deri'nii P. Brady Jr. License No D-5731 ' is.hereby licerszd to deaf ii or manufacture explosives in compliance with'the requirements of the Labor Law and ,Inquttodl Cade Rules. Any change in the conditions under which this license is granted may cause,it to be . F Eileen M.Franko,Acting Director FOR ' THE COMMISSIONER OF LABOR Every person selling,delivering or,giving away any explosives must keep at the principal place of business within " the state;a record of each transaction,including: - 1) the NAME or TYPE and QUANTITY of explosives SOLD,DELIVERED,or GIVEN, Note:No license is rieededdo purchase'smokeless,powder,or black powder in quantities not exceeding five pounds for use,in firing antique firearms or`artifacls or replicas thereof. However,dealers MUST post,all such transactions on ' tfie"a6f6l=Manufacturer Report of Explosives Transactions": 2), •.,Ah6iDATE OF EACH SALE,DELIVERY or GIFT. 3) ' 'the NAME;,LICENSE NUMBER;and BUSINESS ADDRESS of the purchaser,donee,or person to whom i the,explosives were delivered and the fine,if.any,represented by such person. u 4) the,NAME,ADDRESS,and LICENSE NUMBER of the person TAKING THE EXPLOSIVES AWAY from the seller or.dorior. SH-862(8-98) Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday,June 09, 201610:16 AM, To: Flatley, Martin; Fisher, Robert,Spiro, Melissa Cc: Doherty,Jill; Doroski, Bonnie; Duffy, Bill;Ghosio, Bob;James Dinizio; Kiely, Stephen; Lauren Standish; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott;Silleck, Mary;Tomaszewski, Michelle; William Ruland Subject: Emailing: 111 20160525135625 Attachments: 111_20160525135625.pdf Attached please find application for Fireworks Permit of Mattituck Environmental/Stanley Lomangino for display on July 4, 2016 at 9205 Skunk Lane,Cutchogue, NY Elizabeth A. Neville, MMC Southold Town Clerk&FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: 111_20160525135625 Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 . FOLIr ELIZABETH A.NEVILLE,MMC may® r/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 C* Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS - .1C Fax(631)765-6145 MARRIAGE OFFICER �'� �Q� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: William Duffy, Town Attorney Chief Flatley, Southold Town Police Department Robert Fisher, Fire Inspector Melissa Spiro, Land Preservation From: Elizabeth A.Neville Town Clerk Dated: June 9, 2016 Re: Fireworks Application of Mattituck Environmental Transmitted herewith is an application for Fireworks Permit for Mattituck Environmental on property of Stanley Lomangino on private beach at 9205 Skunk Lane, Cutchogue,New York at-9:30 PM on July 4, 2016 (Rain date: 9:30 PM July 5, 2016 Please advise if you have any objections to a permit being issued. Thank you. PYRO ENGMERING,INC. `DISPLAY SITE PLAN QUESTIONNAIRE All Items rioted below am;3tibijebt.to all goveming Federal,State,.MunlclpAlafid loo laws,Was,ordinaincas,regulations and,cotip,now rithereinaker- in effect,and to the conditions and limitations contained in the permits required of to be obtained by Sponsor. SPONSOR.A Mattltuck Environmental 130,4 0 Budg Vj§ofayZate' i6b— . - Dispfay location.: `[(0 A/C LwL xP (tu+s&iq&,P I LIq Time of 0160114Yf.. (Note The actual start andstbp time ofthe display Will be determined by the 9946rnmefital authorities having jurisdiction over the disp(ay), IMPORTANT: PLEASEPROVID15A$ITO PLAN FOR YOUR r-mir LOCATION,INDICATING WITH AN` -THE EXACT SPOT WffEAE.RRgW0Rj(S ARE M BE SET-UP, L16dal Fire marshal. Telephone No., C611 Phone No., Ciow,contact Person: Telephone No., Cell Phone No. The FolloWing information Is necessary In,order for us to proVldeyoOr c9IRMUnItY Or Orgfflikaftn With a 41NWAY :that conforms with fireworks safety'regUmations,and forthe issuance of your Insurance certificate. Dismms,tAf FEEr,FROWTHE FIRING AREA TO THE FOLLPWIXG- SPECTATORS,AUDIENCE OR PARKED cARs...-..'4"#....r..t......... l-;..... OCCUPIED BUILDINGS(HOMES,APARTMENTS, .......... ...... PUBLIC BUILDING$,(SCHOOLS,HOSPITALS,dI4URCWES;.ETC.).. ................. TEMPORARY EVENT SET-UPS{CONCESSIONS,TENTS,,ETC.),—....................... MAINPARKING AREAS........,.................. .......... ......... ................. HIGHWAYSOR ............................................................................ OVERHEAD OBJECTS(POWER LINES,LIGHT POLES,TREES,ETC.................... FUEL ...... ..................... ....... PLEASE PROVIDE DIRECTIONS FROWNEAREST,INTERSTATE TO Q%RLAY SITE. A MAP WOULD ALSO BE Local Motels/Hotets W TetophonOVos. A/ Signature Date Sim Please Inillel each Inifial PEI' b.COAST GUARD PERMITS(where required): 1. If the fireworks are to be displayed on or near the water,the following may be required: (Requests for permits must be filed at least 60 days prior to the Display Date(135 days prior for 4th of July events). 2. Coast Guard Application and Permit to Handle Hazardous Materials. 3. Coast Guard Marine Event Permit. c.SPONSOR RESPONSIBILITIES AND EXPENSES(The following services need to be provided and paid for by the SPONSOR in addition to the Fireworks Display Price. 1) SECURITY: MUST BE PROVIDED FOR FIREWORKS EQUIPMENT AND TO MAINTAIN THE FIRE SAFELY ZONE AT STAGING AREA FROM FIREWORKS TRUCK(S)ARRIVAL, UNTIL COMPLETION AND CLEAN-UP OF DISPLAY AREA AND TRUCK DEPARTURE. 2) Sand: Please provide_0_yards of sand. 3) Laborer(s): 0 laborers to arrive at fireworks site on (They will not handle fireworks). 4) Hotel Room(s): 0 hotel rooms. 5) Vehicle(s): Four-wheel drive vehicle for movement on sand:Yes No- 6) o6) If you have ordered a set piece(s),you are responsible for erecting the scaffolding and it must be ready when the crew arrives d.RADIO SIMULCAST EXPENSES(if applicable): 1) Setup and staff a fireworks simulcast command center on site by 1:00 PM on the display date. 2) Provide broadcast relay to PEI Firing Center. Call our office for details. 3) Speaker system for VIP viewing stands. e.INSURANCE: Please list below the additional insured,as they should appear on the insurance certicate: 1. 13. 2. 4. Chi! i! J h. Nam f onsor a ro En ineerin Signature Date B : Si on ehaif of Sponsor(Signature) Print Name Title of authorized representative of Sponsor Title ■■arrrrrarrrrraaarrraarrrrarrrrrrararraarrarrarrrrararaararaaraaaaarrrrrarrarrrrrrrrrarrra ' State of Kkw) Y Ic County of 1c On the q da of in the year before me,the undersigned,a Notary Public in and for said State,personally appeared 5 dayof p nally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names) is(are)su scri ed to the within instrument and acknowledged to me that helshelthey executed the same in histherltheir capacity(ies),and that by hisllter eir sign e(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the inswment. - . -y1Lx,r.�. Signature and Office of individual taking acknowledgment (seal] -L''hhcNlj':'X,,-' NOTARY-PUBLIC, ftie of N6V.".Yo.* No.'4921494; Suffolk'.Coua ' ;w Please Ml arrL+iesioa GCftc Fe�mxsry 22, �Xi( In'ibl heir nsor PEI America's World Class Fireworks Leader Display Dates Ar�A9� FIREWORKS DISPLAY AGREEMENT AGREEMENT made July Si 2015 by and between Pyro Engineering,Inc.,whose addres'sis 999 South,Oyster-Bay Road,Suite 111; Bethpage, NY 11714- (hereinafter "PEP"); antl Vattituck Environmental, 800 Wickham Ave, Mottituck, NY 11952 (hereinafter"SPONSOR"). WHEREAS,,PEI designs;produces,and conducts fireworks displays;and WHEREAS,:SPONSOR wishes to engage PEI to design,produce andpedform a fireworks display on the terms and,conditions hereinafter set forth:: NOW,THEREFORE,ink consideration of the'terms,conditions and.'covenants hereinafter set forth,.fhe parties hereto do mutually agree as follows: 1.FIREWORKS 61SPL:AY.Orr, July 2;2016 #}areinafter`the Display Date"),PEI shall provide1he fireworks and equipmentior the display-at the Fireworks Display location.The display will be under the supervision of a Plat.(rained techntcfan.It is agreed that PEI shall be the sole firewdrks supplier and producer for the event contracted for herein. (Note: The actual start and stop time.of the display will be determined by the governmental-authoritles,having jorisdictlon over the display,). ALTr:RNATEDATE.My-3,-g" I COST,AND PAYMENTS: FIREWORK6 DISPLAY PRICE: $.15,000.00 The total(Fireworks Display Price plus all other applicable charges)sumW$15;000.00 shall be due arfd payable.as follows: a:`The-sura of,:$7,500.00 upon redel,this contract. b:The Balance of:$1,500.00 (which includes any taxes that maybe applied to this sale) shall be paid by Official Cheek, madepayable to Pyrb Enginpering,Inc.,not later than fifteen(15l_da-a prior to the,Displav Date. Please.Note: SPONSOR is respbnslble•for the'payment of all governmental fees and taxes,including,but not limited to,'sales, °use,excise;license,permit,entertainments or other fees,taxes or surcharges imposed or otherwise applied to this exhibition. Also, Please see Section 16(c)below. :3. POSTPONEMENT/RESCHEDl. Md.,If the display of the fireworks is,postponedlreseheddled byroason of inclement weather or.by determination by the governmental authority having jurisdiction,-or for anyother reason beyond the control of PEs,s_amp"shall be re- OA eduled to the Attemate Date set forth above. In the event a postponeme6ifrescheduling:is necessarydue to inclement weather or' by determination by the governmental authority,having judac ik:tion,.or for any other reason beyond the control of PEI a pcstponemenVreschedufng fee will be Based on the table beloW. Desch tion %of•FireWorks Dis la Price._ Additional Costs If notified b 12:01 AM bn 07/01/16 5% An '3fd Pa Vendor Expenses _ If.notified after 1201 AM on 07101/16 15016 Any V Party Vendor'Ex enses• Once Bay Firewofks?echs Arrive on:Site 200A My V Part ,Vendor,Ex enses , Any request made by SPONSOR for rescheduling/canceling shall be directed to,belp@bayfrreworks oom or by phone(516)233- 4'132., It Is understood and,agreed that PEI shall have no obligation to reschedule a display except as required'by inclement weather or reasonsbeydrid the control-of PEI, 4.SPONSOR'S AGENT• M&Sten/ey Lomahgino CELL PHONE: ^s'sO N— 6 Ohall be•designated as SPONSOR$ agent to whom all questions and inquiries shall be relayed;Sponsor's agent-shall be the only agent•ofSPONSOR authorized to make decisiohs,on behalf of SPONSOR or to request rescheduling of the WbWdrks display dn'the par(of SPONSOR Please initial ea p-e. Initial hen: ' r-I r 5. EXHIBITION PLANNER CHECKLIST: It is understood and agreed by the,parties hereto that the Fireworks Display shall be contingent upon the strict compliance by SPONSOR with all items specified on the Exhibition Planner Checklist(EPC)which is annexed hereto and made a part hereof. Failure on the part of SPONSOR to comply with all requirements set forth in the EPC to the satisfaction of PEi within the time limits therein set forth shall be deemed to be an event of default of SPONSOR'S obligations hereunder. B.SECURITY/SAFETY: SPONSOR shall provide and maintain sufficient Security before,during and after the Fireworks Display until the pyrotechnician in charge declares the area clear. Security shall be deemed to include,but not limited to, be all security lines,police protection,snow fencing,rope lines,barricades or any other item deemed necessary by the local government or by PEI.SPONSOR shall also provide and maintain an area clear of any buildings cars and spectators with a minimum radius as specified by current edition of NFPA Code 1123, as a Fire Safety Zone(FSZ)during the entire period commencing from the time the fireworks are delivered to the site until the area is declared clear by the pyrotechnician. It is understood and agreed that PEI will cease all fireworks discharge due to any security breach of the FSZ. PEI shall not be responsible for personal injury,vehicle or property damage occurring within the FSZ as a result of the SPONSOR's failure to maintain the FSZ in accordance with the standards of current edition of NFPA 1123 which, incidentally,are only minimum standards of distances. SPONSOR acknowledges and agrees that PEI's responsibilities are limited to the Fireworks display and that PEI is relying on SPONSOR to maintain the aforementioned FSZ and to comply with all Federal,State,. municipal and local laws,orders,regulations and ordinances pertaining to the implementation of any and all security measures at the site of the Fireworks Display.Any site visits made during the display setup by or on behalf of SPONSOR shall be in accordance with the current edition of NFPA 1123-and under the direct supervision of the PEi technician in charge.Any such inspection shall not in any way interfere with the safety,setup or schedule of the preparation for and disassembly after the Fireworks Display.The PEI technician In charge may,at his discretion,cancel any inspection that in his sole opinion may compromise the safety of the setup or the Fireworks Display or the setup schedule. The PEI technician may at any time temporarily discontinue the discharge of fireworks for any reason. 7.CREDITS: As a material inducement to PEI agreeing to enter into this Agreement,SPONSOR shalt give PEI program credit as sole fireworks supplier and producer in all press releases,advertising,and any other program announcements,printed or otherwise. 8.INABILITY to DELIVER or CONDUCT FIREWORKS DISPLAY/FORCE MAJEURE. PEI shall not incur any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond its reasonable control including without limitation legal or regulatory restrictions, labor disputes of whatever nature, power loss, telecommunications failure, acts of God, or any other cause beyond its reasonable control. In the event PEI is unable to deliver the Fireworks Display on the Delivery Date this contract will remain In full force and effect and the Fireworks Display will be performed on the Alternate Date or if no Alternate Date is stated then on such other date as may be agreed upon by the parties. 9.CONTRACT SUBJECT TO GOVERNMENT REGULATION: This Agreement and PEI's obligations hereunder are subject to all applicable Federal,State,Municipal and local taws,roles,ordinances,regulations and codes,now or hereinafter in effect,and to the conditions and limitations contained in the permits required to be obtained by SPONSOR prior to the Fireworks Display. In the event any Federal,State,municipal or local law,rule,regulation or ordinance shall be enacted which in any way prohibits,limits or restricts the sale,performance or operation of the exhibition of the Fireworks Display or in the event SPONSOR'S permit in any way limits or restricts the sale,performance or operation of said exhibition,PEI shall limit or restrict its performance or the Fireworks Display so as to comply with such law,rule,regulation or ordinance or limitation or restriction of SPONSOR'S permit.SPONSOR acknowledges that any such limit or restriction placed on the performance or operation of the Fireworks Display shall in no way result in or entitle SPONSOR to a reduction or abatement in the full contract price. 10. GENERAL PROVISIONS: a) This agreement constitutes the entire agreement between the parties relating to the subject matter hereof,and may not be changed,modified,renewed or extended except by a written agreement,signed by both parties. SPONSOR acknowledges and agrees that PEI has not made any representations or warranties except those specifically set forth in this contract. Should any clause,section,or part of this agreement be held or declared to be void or illegal for any reason,all other clauses,sections, or parts of this agreement which can be effected without such illegal clause,section,or part shall nevertheless continue in full force and effect. b) SPONSOR is responsible for removal of paper debris associated with the Fireworks Display. c) PEI is not responsible for procuring any marine services associated with the production of SPONSOR'S event. Should SPONSOR require these services,PEI may,upon written request,assist SPONSOR in the location and contracting of such services. All additional costs and fees associated with marine services are the responsibility of the SPONSOR. It is specifically understood and agreed that PEI shall not be responsible in any way if any third party service with which SPONSOR has contracted for service fails to perform and the display cannot proceed as planned. d) SPONSOR is responsible for any additional marine costs and fees,city permit/escort fees,County/State/PD/FD/FM fees, local town permit fees,etc. e) In the event SPONSOR cancels the Fireworks Display the full contract price as set forth herein shall become immediately due and payable. SPONSOR will have up to 30 days from the date of cancellation to request PEI to reschedule the Fireworks Display. Fireworks Display shall take place no later than six months from originally scheduled Fireworks Display f) PEI agrees to procure liability insurance on behalf of SPONSOR,and to Indemnify SPONSOR,to the extent thereof,for all claims arising out of PEI's negligence. Any additional insurance that is required that incurs a cost,will be the SPONSOR'S responsibility. Please initial ea age. Initial heie: ponsor PEI 11.SPONSOR'S DEFAULT: In the event SPONSOR shall fail to pay any sum when due under the terms of this contract,SPONSOR shall pay,in addition to such amount,interest at the rate of 1.5%per month on the unpaid amount from the original due date. SPONSOR does further agree that it shall pay PEI reasonable attorney fees and other costs in the event PEI shall commence any proceeding(Arbitration or any other proceeding)or Incur fees to compel SPONSOR to pay any sums due hereunder or otherwise as a result of SPONSOR'S default of any of the terms and provisions herein contained. 12.LIQUIDATED DAMAGES It is agreed by and between the parties hereto that in the event of SPONSOR'S default hereunder PEI shall be entitled to receive the entire contract price and same shall be considered"liquidated damages"based upon an understanding between the parties hereto that PEI will have suffered damages due to Sponsor's default The damages suffered by PEI as a result of Sponsor's default will be substantial,but incapable of determination with mathematical precision.it is,therefore,agreed by the parties that the amount due PEI is not a penalty,but rather a mutually beneficial and reasonable estimate of the damages suffered by PEI. 13.SUBSTITUTIONS: PEI shall have the right,-at its discretion,to substitute any fireworks it deems necessary provided same does not detract from the aesthetic value or quality of the program.This Includes,but is not limited to,shell sizes,quantities,types and brand names. Any substitutions shall in no way result in or entitle SPONSOR to a reduction or abatement of the full contract price. 14.ARBITRATION: Any and all disputes,differences,or any other type of controversy arising out of or in relation to this Agreement, including as to the meaning or interpretation of any provision hereof,shall be resolved by arbitration in Nassau County, New York, pursuant to the commercial rules then obtaining of the American Arbitration Association.Only one(1)arbitrator shall be required,and the arbitrator may award attomeys'fees.The award of the arbitrator shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.The arbitrator sitting in such controversy shall have no power to alter or modify any express provision of this Agreement,nor to make any award which by its terms effects any such alteration or modification. Either party may seek from the court of competent jurisdiction any provisional remedy in aid of arbitration,including,but not limited to,injunction, attachment or replevin,pending the determination of any claim or controversy in arbitration. Any and all disputes,controversies, actions,claims,causes of action.or proceedings arising under,out of,or in connection with or relating to the terms of this contract,and any amendment thereof,commenced by,between or against any of the parties of this contract shall be deemed to have arisen from a transaction of business in New York,and shall be resolved by application of the substantive'laws of the State of New York. 15.BINDING EFFECT: This contract shall not be binding on PEI until executed by SPONSOR and PEI and PEI is in receipt of the downpayment required hereunder. 16. EXHIBITION PLANNER CHECKLIST(EPC): a. FIREWORKS DISPLAY PERMIT: (Note: The actual start and stop time of the display will be determined by the governmental authorities having jurisdiction over the display). SPONSOR'S RESPONSIBILITY: it is Sponsor's responsibility to call your State,City,County,Town,Borough,or Village Fire Marshal or other appropriate authority to file for and obtain the Fireworks Display permit. PEI will prepare the paperwork for the permit application on SPONOR'S behalf. Upon receipt of your Permit.you must send the Permit to our office for our records no later than 30 days prior to your display date Failure to do so could seriously jeopardize your disPlay. You must obtain information on: t. Filing application deadline and fees. 2. Loral and state requirements for fireworks license for transportation and/or display. If a license is required,fax all forms immediately to us. 3. Fire Marshal's requirements for security of fireworks truck upon arrival,and the security of the fire zone before and during the display. 4. Federal regulations require that we carry an accurate route plan to the display site. Fax us a copy of the route instructions from the nearest US Interstate to the display area(approved by the fire marshal or other authority,if necessary). 5. Notify FAA on day of your display,according to the instructions in the FAA Letter of Approval,which will be forwarded to you prior to your display. Please initial ea Initial here. nsor PEI Neville, Elizabeth From: Neville, Elizabeth Sent: Monday,June 13,2016 10:10 AM To: Duffy, Bill; Silleck, Mary; Flatley, Martin Subject: FW: Emailing: Pyro Engineering Contrac_20160609163818 Attachments: NYS DOL RCeely.pdf, Mattituck Environmental contract updated.pdf Here is the corrected contract and the current pyrotechnic certificate of competency for Mattituck Environmental/Lomangino Fireworks permit. Betty Neville Elizabeth A. Neville,MMC Southold Town Clerk&FOIL Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 From: Jo-Anne Triolo [mailto:joanne@bayfireworks.com] Sent: Friday, June 10, 2016 9:12 AM To: Neville, Elizabeth Cc: slomangino@mesliny.com Subject: Re: Emailing: Pyro Engineering Contrac_20160609163818 Good morning, We received the renewed license for the lead technician, Robert Ceely,PR-51. Also attached is the updated contract on file. Sincerely, Jo-Anne On Thu, Jun 9, 2016 at 6:26 PM, Jo-Anne Triolo <joanne a,bayfireworks.com>wrote: Yes. They changed their display date. I will revise dates on the contract and resend in the morning. Sent from my iPhone >On Jun 9,2016, at 5:46 PM,Neville, Elizabeth<E.Neville@town.southold.ny.us>wrote: >Please look at the contract you sent me. According to this contract the date of the fireworks display is July 2, 2016 (Rain date July 3,2016) . The application and insurance certificate state July 4,2016 (Rain date July 5, 2016). >Please clarify this information. >Thank you. >Elizabeth A.Neville, MMC > Southold Town Clerk&FOIL Officer 1 t i 7 O� 1JC1�1�3uluup�3-.?7hd08;1ld.JNlSI1sN3�/l 7� X--.-A � ���08d7'i Q•!'���r ��L.,��I1t13�fdb'IJ1fJ�" yi �� ovzzt aN aN�ez�r �— M1 Snamm EmmaO zma;s0 19 zmja Zt JNIMIAS t9i Rooll .Cum 2LIVA ae SINN 0911 - ZOQSEN MM Ste$ •OZ N2T[LL82L 'ON[lOrI 8T T9£I60£6L #,Ma I�IIIIIIIOIQ�Illlllll�l�dlllll -- 4 July 4,_ 20 s tl Amedca's World Class Fireworks Leader Display Date; FIREWORKS DISPLAY AGREEMENT AGREEMENT made July 8,2015, by and between Pyro Engineering,Inc.,whose'address is 999 South OYeter-Say, Road,Suite 111; Setthpage, NY '91714 (hereinafter"PEI"); and Mattituck Environmental, 800 Wickham Ave, Mattituck, NY 11952 (hereinafter,"SPONSQR'}. WHEREAS;PEI designs,produces,and conducts fireworks displays;and WHEREAS„SPONSOR wishes to engage PEi to design;produce and,perform a fireworks display on the terms and:conditions hereinafter set-forth; NOW,THEREFORE;in consideration of the-temis,conditions and,covenants hereinafter set forth,the parties hereto da mutually agree as follows: ; f.FIREWORODISPLAV.• Orr, July 2;2016 *ereinafter"the Display Data%PEI shat provida the fireworks and equipmont;for the displayy at the Fireworks Display location.The display will be under thezupervision of a PEi.trained technician.It is agreed that PEI shall be the,sote,fireworks supplier and`producer forthe event contracted for herein. '(Nate: The actual start and stop tlme.of the display will be determined by the governmental authorities,having jurisdiction over the display). ALTERNATEDATE.-My3,-2$1t3' JUY-5.,'_241 2. COST.AND PAYMENTS: FIREWORKS NOW— PRiCE: $ .95,000.00 _ The total{Fireworks tiisp)ay Price plus all other apm ,00 shall be due and payable.as follows: 0,The sum of:$X,500.00 upon receipt'of tits-contract. b:The'Salance of:$7,5011.04 (which includes any taxes that may be applied to this sale) shall be paid by Official C.heok madepayable to PyP#r Engineering,inc.not later than fifteen=(i5)days oddr to the,Display Date. 'Please.Note: SPONSOR is responsible for the payment of all governmental fees and taxes,including,but not Umited'to,`sales, 'usei excise,license,permit,entertainment;or other fees,takes or surcharges imposed or otherwise applied to thlaeXhipition. Also, please.see Section 16(c)below. 3, F OSTPONENENT/RESCHEDU41W,If the display,of thefireworks iszpostponedlreschedutedby,reason ofincloment weather or by determination by governmental authority having jurisdiction,or for anyother reason beyond the controi of PEI,tame'shall be re- scheduled to the Alternate Date set forth above. 161he event a postponementliescheduling;is necessary due,tb inclement Weather or by determinatib ,by the governmental authority having jurisdigtioh,,or for any other reason beyond:the control of PEI a p6stponementlresehed6Hng fea will be based on the table below: Description-.I %of Fi'rework's Disila :Price' Additional"Costs If notified by 12';0i Von QM01/16 1 5% Any 8rd Pa Vendor Expenses If notified after 12:01 AM on 07/01116 15°/a An y 3rd Part 'Vendor Ex enses Once Say Fireworks Techs Arrive owsite 20%, Any 3t°PartyVendor.Exponses Any,request made bySPONSOR for rescheduUnglcancdhng shall be directed to hetp@bayfizeworks.Rom pr by phone 1516)233- 4132., It is understood and agreed that PEI shall have no obligation to reschedute a,display except as required by inclement weather or reasons beyond the control`of PEI. 4.SPOAISOR'S AGENT.Mr.Stanley Lomengino CELL PHONEAW50M +r 6.0hall be designated as SPONSOR`S agent to Whom all questions and inquiries shall be relayed. Sponsor's agentshall bathe only agent>of SPONSOR authorized to make decisions;on behalf of SPONSOR or to,request rescheduling of the firewdrW display on the part of S06NSOR. Please initial ea p e. InitiaChere: 1 . 1 5. EXHIBITION PLANNER CHECKLIST: It is understood and agreed by the parties hereto that the Fireworks Display shall be contingent upon the strict compliance by SPONSOR with all items specified on the Exhibition Planner Checklist(EPC)which is annexed hereto and made a part hereof. Failure on the part of SPONSOR to comply with all requirements set forth in the EPC to the satisfaction of PEI within the time limits therein set forth shall be deemed to be an event of default of SPONSOR'S obligations hereunder. 6.SECURITYJSAFETY: SPONSOR shall provide and maintain sufficient Security before,during and after the Fireworks Display until the pyrotechnician in charge declares the area clear. Security shall be deemed to include,but not limited to, be all security lines,police protection,snow fencing,rope lines,barricades or any other item deemed necessary by the local government or by PEI.SPONSOR shall also provide and maintain an area clear of any buildings cars and spectators with a minimum radius as specified by current edition of NFPA Code 1123, as a Fire Safety Zone(FSZ)during the entire period commencing from the time the fireworks are delivered to the site until the area is declared clear by the pyrotechnician. it is understood and agreed that PEI will cease all fireworks discharge due to any security breach of the FSZ. PEI shall not be responsible for personal injury,vehicle or property damage occurring within the FSZ as a result of the SPONSOR's failure to maintain the FSZ in accordance with the standards of current edition of NFPA 1123 which, incidentally,are only minimum standards of distances. SPONSOR acknowledges and agrees that PEI's responsibilities are limited to the Fireworks Display and that PEI is retying on SPONSOR to maintain the aforementioned FSZ and to comply with all Federal,State, municipal and local laws,orders,regulations and ordinances pertaining to the implementation of any and all security measures at the site of the Fireworks Display.Any site visits made during the display setup by or on behalf of SPONSOR shall be in accordance with the current edition of NFPA 1123-and under the direct supervision of the PEi technician in charge.Any such inspection shall not in any way interfere with the safety,setup or schedule of the preparation for and disassembly after the Fireworks Display.The PEI technician In charge may,at his discretion,cancel any inspection that in his sole opinion may compromise the safety of the setup or the Fireworks Display or the setup schedule. The PEI technician may at any time temporarily discontinue the discharge of fireworks for any reason. 7.CREDITS: As a material inducement to PEI agreeing to enter into this Agreement,SPONSOR shall give PEI program credit as sole fireworks supplier and producer in all press releases,advertising,and any other program announcements,printed or otherwise. 8.INABILITY to DELIVER or CONDUCT FIREWORKS DISPLAY/FORCE MAJEURE PEI shall not incur any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond its reasonable control including without limitation legal or regulatory restrictions, labor disputes of whatever nature, power loss, telecommunications failure, acts of God, or any other cause beyond its reasonable control. In the event PEi is unable to deliver the Fireworks Display on the Delivery Date this contract will remain in full force and effect and the Fireworks Display will be performed on the Alternate Date or if no Alternate Date is stated then on such other date as may be agreed upon by the parties. 9.CONTRACT SUBJECT TO GOVERNMENT REGULATION: This Agreement and PEI's obligations hereunder are subject to all applicable Federal,State,Municipal and local laws,rules,ordinances,regulations and codes,now or hereinafter in effect,and to the conditions and limitations contained in the permits required to be obtained by SPONSOR prior to the Fireworks Display. In the event any Federal,State,municipal or local law,rule,regulation or ordinance shall be enacted which in any way prohibits,limits or restricts the sale,performance or operation of the exhibition of the Fireworks Display or in the event SPONSOR'S permit in any way limits or restricts the sale,performance or operation of said exhibition,PEI shall limit or restrict its performance or the Fireworks Display so as to comply with such law,rule,regulation or ordinance or limitation or restriction of SPONSOR'S permit.SPONSOR acknowledges that any such limit or restriction placed on the performance or operation of the Fireworks Display shall in no way result in or entitle SPONSOR to a reduction or abatement in the full contract price. 10. GENERAL PROVISIONS: a) This agreement constitutes the entire agreement between the parties relating to the subject matter hereof,and may not be, changed,modified,renewed or extended except by a written agreement,signed by both parties. SPONSOR acknowledges and agrees that PEI has not made any representations or warranties except those specifically set forth in this contract. Should any clause,section,or part of this agreement be held or declared to be'void or illegal for any reason,all other clauses,sections, or parts of this agreement which can be effected without such illegal clause,section,or part shall nevertheless continue in full force and effect. b) SPONSOR is responsible for removal of paper debris associated with the Fireworks Display. c) PEI is not responsible for procuring any marine services associated with the production of SPONSOR'S event. Should SPONSOR require these services,PEI may,upon written request,assist SPONSOR in the location and contracting of such services. All additional costs and fees associated with marine services are the responsibility of the SPONSOR. It is specifically understood and agreed that PEI shall not be responsible in any way if any third party service with which SPONSOR has contracted for service fails to perform and the display cannot proceed as planned. d) SPONSOR is responsible for any additional marine costs and fees,city permittescort fees,County/State/PD/FD/FM fees, local town permit fees,etc. e) In the event SPONSOR cancels the Fireworks Display the full contract price as set forth herein shall become immediately due and payable. SPONSOR will have up to 30 days from the date of cancellation to request PEI:to reschedule the Fireworks Display. Fireworks Display shall take place no later than six months from originally scheduled Fireworks Display tl PEI agrees to procure liability insurance on behalf of SPONSOR,and to indemnify SPONSOR,to the extent thereof,for all claims arising out of PEI's negligence. Any additional insurance that is required that incurs a cost,will be the SPONSOR'S responsibility. Please inial ea e. Inhial hem: ponsor PEI I11.SPONSOR'S DEFAULT: In the event SPONSOR shall fail to pay any sum when due under the terms of this contract,SPONSOR shall pay,in addition to such amount,interest at the rate of 1.5%per month on the unpaid amount from the original due date. SPONSOR does further agree that it shall pay PEi reasonable attorney fees and other costs in the event PEI shall commence any proceeding(Arbitration or any other proceeding)or Incur fees to compel SPONSOR to pay any sums due hereunder or otherwise as a result of SPONSOR'S default of any of the terms and provisions herein contained. 12.LIQUIDATED DAMAGES: It is agreed by and between the parties hereto that in the event of SPONSOR'S default hereunder PEI shall be entitled to receive the entire contract price and same shall be considered"liquidated damages"based upon an understanding between the parties hereto that PEI will have suffered damages due to Sponsor's default The damages suffered by PEI as a result of Sponsor's default will be substantial,but incapable of determination with mathematical precision.It is,therefore,agreed by the parties that the amount due PEI is not a penalty,but rather a mutually beneficial and reasonable estimate of the damages suffered by PEI. 13.SUBSTITUTIONS: PEI shall have the right,at its discretion,to substitute any fireworks it deems necessary provided same does not detract from the aesthetic value or quality of the program.This Includes,but is not limited to,shell sizes,quantities,types and brand names. Any substitutions shall in no way result in or entitle SPONSOR to a reduction or abatement of the full contract price. 14.ARBITRATION: Any and all disputes,differences,or any other type of controversy arising out of or in relation to this Agreement, including as to the meaning or interpretation of any provision hereof,shall be resolved by arbitration in Nassau County, New York, pursuant to the commercial rules then obtaining of the American Arbitration Association.Only one(1)arbitrator shall be required,and the arbitrator may award attorneys'fees.The award of the arbitrator shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.The arbitrator sitting in such controversy shall have no power to alter or modify any express provision of this Agreement,nor to make any award which by its terms effects any such alteration or modification. Either party may seek from the court of competent jurisdiction any provisional remedy in aid of arbitration,including,but not limited to,injunction, attachment or replevin,pending the determination of any claim or controversy in arbitration. Any and all disputes,controversies, actions,claims,causes of action,or proceedings arising under,out of,or in connection with or relating to the terms of this contract,and any amendment thereof,commenced by,between or against any of the parties of this contract shall be deemed to have arisen from'a transaction of business in New York,and shall be resolved by application of the substantive laws of the State of New York. 15.BINDING EFFECT This contract shall not be binding on PEI until executed by SPONSOR and PEI and PEI is in receipt of the downpayment required hereunder. 16. EXHIBITION PLANNER CHECKLIST(FPC): a. FIREWORKS DiSPLAY PERMIT: (Note: The actual start and stop time of the display will be determined by the governmental authorities having jurisdiction over the display). SPONSOR'S RESPONSIBILITY: It is Sponsor's responsibility to call your State,City,County,Town,Borough,or Village Fire Marshal or other appropriate authority to file for and obtain the Fireworks Display permit. PEI will prepare the paperwork for the permit application on SPONOWS behalf. Upon recent of your permit-you must send the permit to our office for our_ records no later than 30 days prior to Your dlsplay date Failure to do so could seriously jeopardize your display,. You must obtain information on: 1. Filing application deadline and fees. 2. Local and state requirements for fireworks license for transportation and/or display. If a license is required,fax all forms immediately to us. 3. Fire Marshal's requirements for security of fireworks truck upon arrival,and the security of the fire zone before and during the display. 4. Federal regulations require that we carry an accurate route plan to the display site. Fax us a copy of the route instructions from the nearest US Interstate to the display area(approved by the fire marshal or other authority,if necessary). 5. Notify FAA on day of your display,according to the instructions in the FAA Letter of Approval,which will be forwarded to you prior to your display. Please i irdal ea Initial here: nsor PEI • Y b.COAST GUARD PERMITS(where required): 1. if the fireworks are to be displayed on or near the water,the following may be required: (Requests for permits must be filed at least 60 days prior to the Display Date(135 days prior for 4th of July events). 2. Coast Guard Application and Permit to Handle Hazardous Materials. 3. Coast Guard Marine Event Permit c.SPONSOR RESPONSIBILITIES AND EXPENSES(The following services need to be provided and paid for by the SPONSOR in addition to the Fireworks Display Price. 1) SECURITY: MUST BE PROVIDED FOR FIREWORKS EQUIPMENT AND TO MAINTAIN THE FIRE SAFETY ZONE AT STAGING AREA FROM FIREWORKS TRUCK(S)ARRIVAL, UNTIL COMPLETION AND CLEAN-UP OF DISPLAY AREA AND TRUCK DEPARTURE. 2) Sand: Please provide 0 yards of sand. 3) Laborer(s): 0 laborers to arrive at fireworks site on (They will not handle fireworks). 4) Hotel Room(s): 0 hotel rooms. 5) Vehicle(s): Four-wheel drive vehicle for movement on sand:Yes No XX 6) If you have ordered a set piece(s),you are responsible for erecting the scaffolding and it must be ready when the crew arrives d.RADIO SIMULCAST EXPENSES(if applicable): 1) Set up and staff a fireworks simulcast command center on site by 1:00 PM on the display date. 2) Provide broadcast relay to PEI Firing Center. Cali our office for details. 3) Speaker system for VIP viewing stands. e.INSURANCE: Please list below the additional insured,as they should appear on the insurance certificate: 1. 13. 2. 4. Nam f onsorI Fath, ro Engine rinSignature Date B : Sli UALd Ify on ehalf of Sponsor(Signature) Print Name Title of authorized representative of Sponsor Title ■rrrrrrrrrrrrrrrrrrrrrrrr�r�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� State of �Q Cl7 Y(L County of ZiM AN [f- On the '[ da of in the year before me,the undersigned,a Notary Public in and for said State,personally appeared Sgpe.--nally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) d is(are)su soil eto the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by hislher eir signal e(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument Signature and Office of individual taking acknowledgment [seal] (.DRi _L•.'lvtcl~tif'�i`;'• . NOTARY-I)MIC,Swwe of N'jey'Yo4 No.:4921494; Suffolk Courtly: Pleaseinfllal e. m�iesion Gp3 Friry 22, [ in'dial hen3: r rar PEI PYRO ENGINEERING,,"INC. DISPLAY SITE PLAN QUESTIONNAIRE All items fisted below are subject to aq governing Federal,State,"Munloipai grid locai lairs,rules,ordiinances,regulations and;codes,naw or hereinafter in effect,and to the dondlf ons and.lirnfations contained in the permits'required or to be obtained by Sponsor. SPONSOR:-Mattituck Environmental rk 6 7l5 Djsplay Date — 901"t);ate:> BUdgek: rr�9�i. Displaytoeation:.6 �u +; .. A .,Ir` 1 Cd Time of Display,..._ Q�M (Note: The actual start and:stop time of the display will be determined by thegflvernme ttai authorities havipg,jurisdictiori over the displayl, ,IMPORTANT: PLEASE PROVIDEA SITE PLAN FOR YOUR VeNT LOCATION,INDICATING WITH ANX'THE EXACT SPOT WHERE FIREWORKS ARE TO BE SET UP. Luca/Fire Marshal: Telephone No., 'Cell Phone NO. Crete Contact Person. Telephone:Nn. Cell Phane No: The Frtllowing information Is neo±essary In order-for us to proylde,your comMunity or'organization with a;display that conforms with fireworks safety reylation$,and-for'the Issuance of your insurghce ddiVfioafe. DISTANCES,,1N FEET,,FROM T"T,FIRIMG AREA TO THE FOLLOWING: FEET SPECTATORS,AUDIENCE OR PARKED CARS.............•.............•:..•..•...:...a....•:• OCCUPIED BUILDINGS(HOMES,APARTMENTS,ETC.)::...:.::.....:....,�.......:..•..,... PUBLIC BU WINGS"(SCHOOLS,HOSPITALS;CHURCHES,ETC.).....................: TEMPORARY WENT SET UPS(CONCESSIONS,TENTS,ETC.)..,.i....... ..*...... MAINPARKING AREAS.................................::......•..•r...•.........,....,................. HIGHWAYS OR-RGADS .•... u••..•........•r•.}....•••.....�r•au OVEt1lEAD OBJECTS(POWER LINES;LIGHT POLES,TREES,ETC:.................... FUELST.ORAGE•:S:••..N•a..••..r.._7....n•..•raa�w••R.....••...uo•.. .........a:r..'•ai.........s..•.•..•..• PLEASE PROVIDE DIRECTIONS•FROM NEAREST INTERSTATE TO 01,,90LAY SITE. A MAP WOULD ALSO BE HELPFUL. Gocal'Motelsmotels: T'eiephone Has. Signature 14 Date Please Initial each Iriitlai here: PEI' Neville, Elizabeth From: Fisher, Robert Sent: Thursday,June 09, 2016 9:27 PM To: Neville, Elizabeth Subject: Lomangino Fireworks Aplic Matt En_20160609090733 Betty I have no problem with this application. Bob Robert Fisher Fire Marshall,Town of Southold robert.fisher@town.southold.nv.us (W)631-765-1802-(C) 63'1-786-9180 PRIVILEGED AND CONFIDENTIAL COMMUNICATION CONFIDENTIALITY NOTICE:This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is.protected by privilege. If you are not the intended recipient,you are hereby notified that any disclosure,copying, distribution,or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. -----Original Message----- From: Neville, Elizabeth Sent:Thursday,June 09,2016 4:47 PM To: Flatley, Martin<mflatley@town.southold.ny.us>; Fisher, Robert<Robert.Fisher@town.southold.nv.us>;Spiro, Melissa<Melissa.Spiro@town.southold.nv.us>; Duffy, Bill<billd@southoldtownny.gov> Cc: Doherty,Jill<iill.doherty@town.southold.nv.us>; Doroski, Bonnie<Bonnie.Doroski@town.southold.nv.us>; Duffy, Bill <billd@southoldtownny.gov>;Ghosio, Bob<bob.ghosio@town.southold.nv.us>;Jim Dinizio<iim@iamesdinizio.com>; Kiely,Stephen<stephen.kiely@town.southoId.nv.us>;Standish, Lauren<Lauren.Standish@town.southold.ny.us>; Louisa Evans<Ipevans06390@gmail.com>; Neville, Elizabeth<E.Neville@town.southold.nv.us>; Noncarrow, Denis <denisn@southoldtownnv.gov>; Rudder, Lynda<Ivnda.rudder@town.southold.ny.us>; Russell,Scott <scottr@southoldtownnv.gov>;Silleck, Mary<marys@southoldtownny.gov>;Tomaszewski, Michelle <michellet@town.southold.nv.us>;William Ruland<rulandfarm@vahoo.com> Subject: Emailing: Fireworks Aplic Matt En_20160609090733 Sorry, I clicked on the wrong line of the scan network file. My apologies This is the correct one. Attached please find application for Fireworks Permit of Mattituck Environmental/Stanley Lomangino for display on July 4, 2016(Rain Date July 5, 2016)at 9205 Skunk Lane,Cutchogue, NY Elizabeth A. Neville, MMC 1 Neville, Elizabeth From: Duffy, Bill Sent: Monday,June 13,2016 8:39 AM To: Neville, Elizabeth Subject: RE: Emailing: Fireworks Aplic Matt En_20160609090733 I did not see the pyro technician license for the person in charge of the display. Besides that, and clarifying the date as per the chiefs email, I have no objection. -----Original Message----- From: Neville, Elizabeth Sent:Thursday,June 09,2016 4:47 PM To: Flatley, Martin; Fisher, Robert;Spiro, Melissa; Duffy, Bill Cc: Doherty,Jill; Doroski, Bonnie; Duffy, Bill;Ghosio, Bob;Jim Dinizio; Kiely,Stephen;Standish, Lauren; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Rudder, Lynda; Russell,Scott;Silleck, Mary;Tomaszewski, Michelle;William Ruland Subject: Emailing: Fireworks Aplic Matt En_20160609090733 Sorry, I clicked on the wrong line of the scan network file. My apologies This is the correct one. Attached please find application for Fireworks Permit of Mattituck Environmental/Stanley Lomangino for display on July 4, 2016(Rain Date July 5, 2016)at 9205 Skunk Lane,Cutchogue, NY Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Fireworks Aplic Matt En_20160609090733 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Neville, Elizabeth From: Spiro, Melissa Sent: Monday,June 13,2016 9:38 AM To: Neville, Elizabeth; Flatley, Martin; Fisher, Robert; Duffy, Bill Cc: Doherty,Jill; Doroski, Bonnie; Duffy, Bill;Ghosio, Bob;Jim Dinizio; Kiely, Stephen; Standish, Lauren; Louisa Evans; Noncarrow, Denis; Rudder, Lynda; Russell, Scott; Silleck, Mary,Tomaszewski, Michelle;William Ruland Subject: RE: Emailing: Fireworks Aplic Matt En_20160609090733 This is a private residential property and is not preserved. Therefore I have no comment. melissa -----Original Message----- From: Neville, Elizabeth Sent:Thursday,June 09, 2016 4:47 PM To: Flatley, Martin<mflatlev@town.southold.nv.us>; Fisher, Robert<Robert.Fisher@town.southold.nv.us>;Spiro, Melissa<Melissa.Spiro@town.southold.ny.us>; Duffy, Bill<billd@southoldtownny.eov> Cc: Doherty,Jill<iill.doherty@town.southold.nv.us>; Doroski, Bonnie<Bonnie.Doroski@town.southold.nv.us>; Duffy, Bill <billd@southoldtownnv.gov>;Ghosio, Bob<bob.ghosio@town.southold.nv.us>;Jim Dinizio<iim iamesdinizio.com>; Kiely,Stephen<stephen.kiely@town.southold.nv.us>;Standish, Lauren<Lauren.Standish@town.southold.nv.us>; Louisa Evans<Ipevans06390@email.com>; Neville, Elizabeth<E.Neville @town.southold.nv.us>; Noncarrow, Denis <denisn@southoldtownnv.gov>; Rudder, Lynda<Iynda.rudder town.southold.ny.us>; Russell,Scott <scottr@southoldtownnv.gov>;Silleck, Mary<marvs@southoldtownny.gov>;Tomaszewski, Michelle <michellet@town.southold.nv.us>;William Ruland<rulandfarm@vahoo.com> Subject: Emailing: Fireworks Aplic Matt En_20160609090733 Sorry, I clicked on the wrong line of the scan network file. My apologies This is the correct one. Attached please find application for Fireworks Permit of Mattituck Environmental/Stanley Lomangino for display on July 4, 2016(Rain Date July 5,2016)at 9205 Skunk Lane,Cutchogue, NY Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Fireworks Aplic Matt En_20160609090733 p 1 Neville, Elizabeth From: Flatley, Martin Sent: Friday,June 10, 2016 9:07 AM To: Neville, Elizabeth Subject: RE: Emailing: Pyro Engineering Contrac 20160609163818 Good morning Betty, I understand. I'm fine with it either way, he's done it in the past and it's been very professional Martin Flatley,Chief of Police Southold Town Police Department 41405 State Route 25 Peconic, New York 11958 631-765-3115 From: Neville, Elizabeth __,._ _....... ... .., ` � .... _.. .p. Sent: Friday,June 10, 2016 8:16 AM To: Flatley, Martin<mflatlev@town.southold.nv.us>; Neville, Elizabeth<E.Neville@town.southold.ny.us> Subject: RE: Emailing: Pyro Engineering Contrac_20160609163818 Good Morning Marty, I am glad you did. Ugh, I had 5 going at one time. They drop them off at the counter and don't have half of the information needed. This one still needs a few more items. A letter from Bill Brewer as Chief of Cutchogue Fire Dept., I sent him an e-mail advising him. Then the renewal of the pyrotechnic's license was mailed from Albany last week and has not arrived yet.I am sure it will all come together. I will forward you the additional documentation when received. Thank you. Sent from my Verizon Wireless 4G LTE smartphone -------- Original message-------- From: "Flatley,Martin" <mflatleyQtown.southold.nyus> Date: 06/10/2016 7:49 AM(GMT-05:00) To: "Neville, Elizabeth" <E.Neville(?a,town.southold.n y�us> Subject: RE: Emailing: Pyro Engineering Contrac 20160609163818 Okay,thanks Betty,I wouldn't questioned it but everyone else is having their fireworks on Saturday night,July 2 Martin Flatley,Chief of Police Southold Town Police Department 41405 State Route 25 Peconic,New York 11958 631-765-3115 1 -----Original Message----- From:Neville,Elizabeth Sent:Thursday,June 09,2016 6:25 PM To:Flatley,Martin<mflatley(aDtown.southold.nv.us> Subject:FW:Emailing:Pyro Engineering Contrac_20160609163818 Marty, Mr.Lomangino states the date is July 4(Rain Date;July 5) I will send you the new contract when I receive it. Thank you for catching this. Betty -----Original Message----- From:Neville,Elizabeth Sent:Thursday,June 09,2016 6:08 PM To:'Stanley Lomangino' Cc: ioanne@bayfireworks.com Subject:RE:Emailing:Pyro Engineering Contrac_20160609163818 I will need a new contract with the correct dates. -----Original Message----- From: Stanley Lomangino[mailto:slomanginona,mesliny.coml Sent:Thursday,June 09,2016 5:56 PM To:Neville,Elizabeth Cc:joaime(&bayfireworks.com Subject:Re:Emailing:Pyro Engineering Contrac_20160609163818 Display is the 4th with a rain date of the 5th. Sent from my iPhone >On Jun 9,2016,at 5:46 PM,Neville,Elizabeth<E.Neville(o)town.southold.nv.us>wrote: >Please look at the contract you sent me. According to this contract the date of the fireworks display is July 2,2016(Rain date July 3,2016) . The application and insurance certificate state July 4,2016(Rain date July 5,2016). >Please clarify this information. >Thank you. >Elizabeth A.Neville,MMC >Southold Town Clerk&FOIL Officer >PO Box 1179 >Southold,NY 11971 >Tel.631765-1800,Ext.228 >Fax 631765-6145 >Cell 631466-6064 >Your message is ready to be sent with the following file or link attachments: >Pyro Engineering Contrac_20160609163818 >Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. ><Pyro Engineering Contrac 20160609163818.pdf> 2 Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Fireworks Aplic Matt En_20160609090733 Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 2 Neville, Elizabeth From: Flatley, Martin Sent: Friday,June 10,2016 7:50 AM To: ' Neville, Elizabeth Subject: RE: Emailing: Pyro Engineering Contrac_20160609163818 Okay,thanks Betty, I wouldn't questioned it but everyone else is having their fireworks on Saturday night,July 2 Martin Flatley,Chief of Police Southold Town Police Department 41405 State Route 25 Peconic, New York 11958 631-765-3115 -----Original Message----- From: Neville, Elizabeth Sent:Thursday,June 09,2016 6:25 PM To: Flatley, Martin<mflatlev@town.southold.nv.us> Subject: FW: Emailing: Pyro Engineering Contrac_20160609163818 Marty, Mr. Lomangino states the date is July 4(Rain Date;July 5) [will send you the new contract when I receive it. Thank you for catching this. Betty -----Original Message----- From: Neville, Elizabeth Sent:Thursday,June 09,2016 6:08 PM To: 'Stanley Lomangino' , Cc: ioanne@bayfireworks.com Subject: RE: Emailing: Pyro Engineering Contrac_20160609163818 I will need a new contract with the correct dates. -----Original Message----- From:Stanley Lomangino [mailto:slomangino@mesliny.coml Sent:Thursday,June 09,2016 5:56 PM To: Neville, Elizabeth Cc: ioanne@bayfireworks.com Subject: Re: Emailing: Pyro Engineering Contrac_20160609163818 Display is the 4th with a rain date of the 5th. Sent from my Whone >On Jun 9,2016,at 5:46 PM, Neville, Elizabeth<E.Neville@town.southold.nv.us>wrote: i > Please look at the contract you sent me. According to this contract the date of the fireworks display is July 2, 2016 (Rain date July 3,2016) . The application and insurance certificate state July 4,2016(Rain date July 5,2016). > Please clarify this information. >Thank you. > Elizabeth A. Neville, MMC >Southold Town Clerk& FOIL Officer > PO Box 1179 >Southold, NY 11971 >Tel.631765-1800, Ext.228 > Fax 631765-6145 >Cell 631466-6064 >Your message is ready to be sent with the following file or link attachments: > Pyro Engineering Contrac_20160609163818 > Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. ><Pyro Engineering Contrac_20160609163818.pdf> 2 Neville, Elizabeth From: Stanley Lomangino <slomangino@mesliny.com> Sent: Thursday,June 09, 2016 4:28 PM To: Neville, Elizabeth Subject: Letter Attachments: Mattit001.pdf Elizabeth, Attached is the authorization letter. Stanley F. Lomangino slomangino@meslinv.com -----Original Message----- From: admin@mattitucksanitation.com [mailto:admin@mattitucksanitation.com] Sent:Thursday,June 09,2016 4:26 PM To:Stanley Lomangino<slomangino@mesliny.com>;admin@mattitucksanitation.com Subject: Mattituck Sanitation Mattituck Sanitation 631-298-8888 1 1 f i t 3 Environmental Services June 9,2016 To Whom It May Concern; I,Stanley Lomangino,the property owner of 9205 Skunk Lane,Cutchogue,NY 11935 authorize Mattituck Environmental, LLC.to conduct the fireworks display on my property on July 4,2016. Thank you. Stanley Lomangino PO Drawer 1402, Mattituck, NY 11952 • Phone: 631-298-8888 •Fax:631-298-2023 •www.mai*ucksanitatlon.com %moo Printed on postconsumer recycled paper ` Sn Neville, Elizabeth From: Neville, Elizabeth Sent: Thursday,June 09,2016 5:46 PM To: joanne@bayfireworks.com; slomangino@mesliny.com Subject: Emailing: Pyro Engineering Contrac_20160609163818 Attachments: Pyro Engineering Contrac_20160609163818.pdf Please look at the contract you sent me. According to this contract the date of the fireworks display is July 2, 2016 (Rain date July 3,2016) . The application and insurance certificate state July 4,2016 (Rain date July 5, 2016). Please clarify this information. Thank you. Elizabeth A. Neville, MMC Southold Town Clerk& FOIL Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext.228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Pyro Engineering Contrac_20160609163818 Note:To protect against computer viruses,e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Pyro Engineering,Inc. Invoice No. 13527 999 South Oyster Bay Road;Suite 111 Bethpage,NY 11714 (516)597-5500-phone---516-597-5507 fax INVOICE Customer _Misc �r Name Lomangino Party Date 07-09-2015 Address Mattituck Environmental 800 Wickham Avenue City Mattituck State NY ZIP 11952 Job.No. 16D-0009 Attn: Stanley Lomangino FOB Qty Description Unit TOTAL Price 1 Fireworks Display on July 2,2016 50a/a Down Payment Due Upon Receipt of This Invoice $ $ 50%Balance Due 15 Days Prior to This Display $ $ WIRE INFORMATION: Beneficiary Name:Pyro Engineering,Inc. Beneficiary Address: 999 South Oyster Bay Road,Suite 111, Bethpage,NY 11714 Bank Name:Chase Manhattan Bank Bank Address:284 N.Broadway,Hicksville,NY 11801 Account Type:CHECKING Routing Number: 021000021 Account Number:258727375 PLEASE MAKE ALL CHECKS PAYABLE TO PYRO ENGINEERING,INC. Federal Tax ID No.:75-3044987 SubTotabalINIMM Payment Tax Rate(s) Comments TOTAL DUES Office Use Only Per the contract,50%due upon receipt of this invoice PYRO ENGINEERING'11NC. DISPLAY SITE PLAN QUESTIONNAIRE All items listed below are subject to all governing Federal,State,Municipal and local laws,rules,ordinances,regulations and codes,now or hereinafter in effect,and to the conditions and limitations contained In the permits required or to be obtained by Sponsor, SPONSOR: Mattituck Environmental Display Date Rain DateBudget:_,`J ff� 9 C) Display Location: 51(o A k 57 Time of Display: �M -(Note: The actual start and stop time of the display will be determined by the governme ttai authorities having jurisdiction over the display). IMPORTANT: PLEASE PROVIDE A SITE PLAN FOR YOUR EVENT LOCATION,INDICATING WITH AN X THE, EXACT SPOT WHERE FIREWORKS ARE TO BE SET-UP. Local Fire Marshal. Telephone No: Cell Phone No: Crew Contact Person: Telephone No: Cell Phone No. The Following information is necessary in order for us to provide your community or organization with a display, that conforms with fireworks safety regulations and for the issuance of your insurance cerifflicate. DISTANCES,IN FEET,FROM THE FIRING AREA TO THE FOLLOWING: FEET SPECTATORS,AUDIENCE OR PARKED CARS..................:................................ OCCUPIED BUILDINGS(HOMES,APARTMENTS,ETC.)..................................... PUBLIC BUILDINGS(SCHOOLS,HOSPITALS,CHURCHES,ETC.)...................... TEMPORARY EVENT SET-UPS(CONCESSIONS,TENTS,ETC.)..'......................... MAIN PARKING AREAS................................................................................... HIGHWAYSOR ROADS.................................................................................. OVERHEAD OBJECTS(POWER LINES,LIGHT POLES,TREES,ETC..................... FUELSTORAGE............................................................................................. PLEASE PROVIDE DIRECTIONS FROM NEAREST INTERSTATE TO DISPLAY SITE. A MAP WOULD ALSO BE HELPFUL. Local Motels/Hotels: Telephone Nos. Signature Title: GS/ Date Please initial each Initial here; or PEI ,f America's World Class Fireworks Leader Display Date:July 2, 2016 FIREWORKS DISPLAY AGREEMENT AGREEMENT made July 8,2015 by and between Pyro Engineering,Inc.,whose address Is 999 South Oyster Bay Road,Suite 111, Bethpage, NY 11714 (hereinafter"PEI's; and Mattituck Environmental, 800 Wickham Ave, Mattituck, NY 11952 (hereinafter"SPONSOR"). WHEREAS,PEI designs,produces,and conducts fireworks displays;and WHEREAS,SPONSOR wishes to engage PEI to design,produce and perform a fireworks display on the terms and conditions hereinafter set forth; NOW,THEREFORE,in consideration of the terms,conditions and covenants hereinafter set forth,the parties hereto do mutually agree as follows: I.FIREWORKS DISPLAY: On-, July 2,2016 (hereinafter°the Display Date"),PEI shall provide the fireworks and equipment for the display at the Fireworks Display location.The display will be under the supervision of a PEI trained technician.It is agreed that PEI shall be the sole fireworks supplier and producer for the event contracted for herein. (Note: The actual start and stop time of the display will be determined by the governmental authorities having jurisdiction over the display). ALTERNATE DATE:July 3,2016 2. COSTAND PAYMENTS. FIREWORKS DISPLAY PRICE: The total(Fireworks Display Price plus all other applicable charges)sum of$15,000.00 shall be due and payable as follows: a.The sum of:$7,500.00 upon receipt of this contract. b.The Balance of:$7,500.00 (which includes any taxes that may be applied to this sale) shall be paid by Qff&L9LCheck made payable to Pyro Engineering,Inc.not later than fifteen(16)days orior to the Display Date. Please Note: SPONSOR is responsible for the payment of all governmental fees and taxes,including,but not limited to,sales, use,excise,license,permit,entertainment,or other fees,taxes or surcharges imposed or otherwise applied to this exhibition. Also, please see Section 16(c)below. 3. POSTPONEMENT/RESCHEDULiNG.If the display of the fireworks is postponed/rescheduled by reason of inclement weather or by determination by the governmentai authority having jurisdiction,or for any other reason beyond the control of PEI,same shall be re- scheduled to the Alternate Date set forth above. in the event a postponementlrescheduling is necessary due to inclement weather or by determination by the governmental authority having jurisdiction,or for any other reason beyond the control of PEI a postponementfrescheduling fee will be based on the table below. Description %of Fireworks Display Price Additional Costs If notified b 12:01 AM on 07101/16 5% An aro Pa Vendor Expenses If notified after 12:01 AM on 07101116 15% An 3t°Part Vendor Expenses Once Ba Fireworks Techs Arrive on Site 20% An 3b PartVendor Expenses Any request made by SPONSOR for reschedulinglcanceling shall be directed to help@bayfireworks.com or by phone(516)233- 4132. It is understood and agreed that PEI shall have no obligation to reschedule a display except as required by inclement weather or reasons beyond the control of PEI. //� //�� 4.SPONSOR'S AGENT: Mr.Stanley Lomangino CELL PHONEAw-S 7�i11_-976.Ghali be designated as SPONSOR'S agent to whom all questions and inquiries shall be relayed. Sponsor's agent shall be the only agent of SPONSOR authorized to make decisions on behalf of SPONSOR or to request rescheduling of the fireworks display on the part of SPONSOR. Please initial ea p e. Initial here: sor PEI 5. EXHIBITION PLANNER CHECKLIST. It is understood and agreed by the parties hereto that the Fireworks Display shall be contingent upon the strict compliance by SPONSOR with all items specked on the Exhibition Planner Checklist(EPC)which is annexed hereto and made a part hereof. Failure on the part of SPONSOR to comply with all requirements set forth in the EPC to the satisfaction of PEI within the time limits therein set forth shall be deemed to be an event of default of SPONSOR'S obligations hereunder. S.SECURITY/SAFETY SPONSOR shall provide and maintain sufficient Security before,during and after the Fireworks Display until the pyrotechnician in charge declares the area clear. Security shall be deemed to include,but not limited to, be ail security lines,police protection,snow fencing,rope lines,barricades or any other item deemed necessary by the local government or by PEI.SPONSOR shall also provide and maintain an area clear of any buildings cars and spectators with a minimum radius as specified by current edition of NFPA Code 1123, as a Fire Safety Zone(FSZ)during the entire period commencing from the time the fireworks are delivered to the site until the area is declared dear by the pyrotechniclan. It is understood and agreed that PEI will cease all fireworks discharge due to any security breach of the FSZ. PEI shall not be responsible for personal injury,vehicle or property damage occurring within the FSZ as a result of the SPONSOR's failure to maintain the FSZ in accordance with the standards of current edition of NFPA 1123 which, incidentally,are only minimum standards of distances. SPONSOR acknowledges and agrees that PEI's responsibilities are limited to the Fireworks Display and that PEI is relying on SPONSOR to maintain the aforementioned FSZ and to comply with all Federal,State, municipal and local laws,orders,regulations and ordinances pertaining to the implementation of any and all security measures at the site of the Fireworks Display.Any site visits made during the display setup by or on behalf of SPONSOR shall be in accordance with the current edition of NFPA 1123-and under the direct supervision of the PEI technician in charge.Any such inspection shall not in any way interfere with the safety,setup or schedule of the preparation for and disassembly after the Fireworks Display.The PEI technician In charge may,at his discretion,cancel any inspection that in his sole opinion may compromise the safety of the setup or the Fireworks Display or the setup schedule. The PEI technician may at any time temporarily discontinue the discharge of fireworks for any reason. 7.CREDITS: As a material inducement to PEI agreeing to enter into this Agreement,SPONSOR shall give PEI program credit as sole fireworks supplier and producer in all press releases,advertising,and any other program announcements,printed or otherwise. 8.INABILITY to DELIVER or CONDUCT FIREWORKS DiSPLAWFORCE MAJEURE. PEI shall not Incur any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond its reasonable control including without limitation legal or regulatory restrictions, labor disputes of whatever nature, power loss,telecommunications failure, acts of God, or any other cause beyond its reasonable control. In the event PEI is unable to deliver the Fireworks Display on the Delivery Date this contract will remain in full force and effect and the Fireworks Display will be performed on the Alternate Date or if no Alternate Date is stated then on such other date as may be agreed upon by the parties. 9.CONTRACT SUBJECT TO GOVERNMENT REGULATION: This Agreement and PEI's obligations hereunder are subject to all applicable Federal,State,Municipal and local laws,rules,ordinances,regulations and codes,now or hereinafter in effect,and to the conditions and limitations contained in the permits required to be obtained by SPONSOR prior to the Fireworks Display. In the event any Federal,State,municipal or local law,rule,regulation or ordinance shall be enacted which in any way prohibits,limits or restricts the sale,performance or operation of the exhibition of the Fireworks Display or in the event SPONSOR'S permit in any way limits or restricts the sale,performance or operation of said exhibition,PEI shalt limit or restrict its performance or the Fireworks Display so as to comply with such law,rule,regulation or ordinance or limitation or restriction of SPONSOR'S permit.SPONSOR acknowledges that any such limit or restriction placed on the performance or operation of the Fireworks Display shall in no way result in or entitle SPONSOR to a reduction or abatement in the full contract price. 10. GENERAL PROVISIONS: a) This agreement constitutes the entire agreement between the parties relating to the subject matter hereof,and may not be changed,modified,renewed or extended except by a written agreement,signed by both parties. SPONSOR acknowledges and agrees that PEI has not made any representations or warranties except those specifically set forth in this contract. Should any clause,section,or part of this agreement be held or declared to be void or illegal for any reason,all other clauses,sections, or parts of this agreement which can be effected without such illegal clause,section,or part shall nevertheless continue in full force and effect. b) SPONSOR is responsible for removal of paper debris associated with the Fireworks Display. c) PEI is not responsible for procuring any marine services associated with the production of SPONSOR'S event. Should SPONSOR require these services,PEI may,upon written request,assist SPONSOR in the location and contracting of such services. All additional costs and fees associated with marine services are the responsibility of the SPONSOR. It is specifically understood and agreed that PEI shall not be responsible in any way if any third party service with which SPONSOR has contracted for service fails to perform and the display cannot proceed as planned. d) SPONSOR is responsible for any additional marine costs and fees,city permit/escort fees.County/State/PD/FD/FM fees, local town permit fees,etc. e) In the event SPONSOR cancels the Fireworks Display the full contract price as set forth herein shall become immediately due and payable. SPONSOR will have up to 30 days from the date of cancellation to request PEI to reschedule the Fireworks Display. Fireworks Display shall take place no later than six months from originally scheduled Fireworks Display f) PEI agrees to procure liability insurance on behalf of SPONSOR,and to indemnify SPONSOR,to the extent thereof,for all claims arising out of PEI's negligence. Any additional insurance that is required that incurs a cost,will be the SPONSOR'S responsibility. Please lnftial ea age. Initial here; ponsor PEI 11.SPONSOR'S DEFAULT: In the event SPONSOR shall fail to pay any sum when due under the terms of this contract,SPONSOR shall pay,in addition to such amount,interest at the rate of 1.5%per month on the unpaid amount from the original due date. SPONSOR does further agree that it shall pay PEI reasonable attorney fees and other costs in the event PEi shall commence any proceeding(Arbitration or any other proceeding)or Incur fees to compel SPONSOR to pay any sums due hereunder or otherwise as a result of SPONSOR'S default of any of the terms and'provisions herein contained. 12.LIQUIDATED DAMAGES: It is agreed by and between the parties hereto that in the event of SPONSOR'S default hereunder P©shall be entitled to receive the entire contract price and same shall be considered"liquidated damages"based upon an understanding between the parties hereto that PEI will have suffered damages due to Sponsor's default.The damages suffered by PEI as a result of Sponsor's default will be substantial,but incapable of determination with mathematical precision.It is,therefore,agreed by the parties that the amount due PEI Is not a penalty,but rather a mutually beneficial and reasonable estimate of the damages suffered by PEI. 13.SUBSTITUTIONS: PEI shall have the right,at its discretion,to substitute any fireworks it deems necessary provided same does not detract from the aesthetic value or quality of the program.This includes,but is not limited to,shell sizes,quantities,types and brand names. Any substitutions shall in no way result in or entitle SPONSOR to a reduction or abatement of the full contract price. 14.ARBITRATION: Any and all disputes,differences,or any other type of controversy arising out of or in relation to this Agreement, including as to the meaning or interpretation of any provision hereof,shall be resolved by arbitration in Nassau County, New York, pursuant to the commercial rules then obtaining of the American Arbitration Association.Only one(1)arbitrator shall be required,and the arbitrator may award attorneys'fees.The award of the arbitrator shall be final and binding and Judgment may be entered thereon in any court of competent jurisdiction.The arbitrator sitting in such controversy shall have no power to alter or modify any express provision of this Agreement,nor to make any award which by its terns effects any such alteration or modification. Either party may seek from the court of competent jurisdiction any provislonal remedy in aid of arbitration,including,but not limited to,injunction, attachment or replevin,pending the determination of any claim or controversy in arbitration. Any and all disputes,controversies, actions,claims,causes of action,or proceedings arising under,out of,or in connection with or relating to the terms of this contract,and any amendment thereof,commenced by,between or against any of the parties of this contract shall be deemed to have arisen from a transaction of business in New York,and shall be resolved by application of the substantive laws of the State of New York. 15.BINDING EFFECT This contract shall not be binding on PEI until executed by SPONSOR and PEI and PEI is in receipt of the downpayment required hereunder. 16. EXHIBITION PLANNER CHECKLIST(EPC): a. FIREWORKS-DISPLAY PERMIT: (Note: The actual start and stop time of the display will be determined by the governmental authorities having jurisdiction over the display). SPONSOR'S RESPONSIBILITY: It is Sponsor's responsibility to call your State,City,County,Town,Borough,or Village Fire Marshal or other appropriate authority to file for and obtain the Fireworks Display permit PEI will prepare the paperwork for the permit application on SPONOR'S behalf. Upon receipt of your permit;You must send the Permit to our office for our records no tater than 30 days prior toyour display date Failure to do so could seriously leopardize your display. You must obtain information on: 1. Filing application deadline and fees. 2. Local and state requirements for fireworks license for transportation and/or display. If a license is required,fax ail forms Immediately to us. 3. Fire Marshal's requirements for security of fireworks truck upon arrival,and the security of the fire zone before and during the display. 4. Federal regulations require that we carry an accurate route plan to the display site. Fax us a copy of the route instructions from the nearest US Interstate to the display area(approved by the fire marshal or other authority,if necessary). 5. Notify FAA on day of your display,according to the instructions in the FAA Letter of Approval,which will be forwarded to you prior to your display. Please Initial ea Iniflal here: nsor PEI b.COAST GUARD PERMITS(where reguiredl: 1. If the fireworks are to be displayed on or near the water,the following may be required: (Requests for permits must be filed at least 60 days prior to the Display Date(135 days prior for 41h of July events). 2. Coast Guard Application and Permit to Handle Hazardous Materials. 3. Coast Guard Marine Event Permit. c.SPONSOR RESPONSIBILITIES AND EXPENSES(The following services treed to be provided and paid for by the SPONSOR in addition to the Fireworks Disolav Price. 1) SECURITY: MUST BE PROVIDED FOR FIREWORKS EQUIPMENT AND TO MAINTAIN THE FIRE SAFETY ZONE AT STAGING AREA FROM FIREWORKS TRUCK(S)ARRIVAL, UNTIL COMPLETION AND CLEAN-UP OF DISPLAY AREA AND TRUCK DEPARTURE. 2) Sand: Please provide 0_yards of sand. 3) Laborer(s):_OL__laborers to arrive at fireworks site on (They will not handle fireworks). 4) Hotel Room(s): O_hotel rooms. 5) Vehicle(s): Four-wheel drive vehicle for movement on send:Yes No XX 6) If you have ordered a set piece(s),you are responsible for erecting the scaffolding and It must be ready when the crew arrives d.RADIO SIMULCAST EXPENSES(if appiicablel: 1) Set up and staff a fireworks simulcast command center on site by 1:00 PM on the display date. 2) Provide broadcast relay to PEI Firing Center. Call our office for details. 3) Speaker system for VIP viewing stands. e.INSURANCE: Please list below the additional Insured,as they should appear ori the insurance certificate: 1. 3. 2. 14. CE'n tJ h Nam f onsor Pyro Engineering Signature Date B :Ilisrl Si on ehalf of S onsor(Signature) Print Name Title of authorized representative of Sponsor Title ■■a■aaaaaaaaaaseason aasaaaaaaaasson aaaaaaaaaaaanow Evanson aaaaaaMonsoon 0noaaaaaaaaaaaaaaaaag State of . LD IYIC County of ZM pp A` On the -1 day of in the year before me,the undersigned,a Notery Public in and for said State,personally appeared ��1 lopersbnally known tome or proved tome on the basis of satisfactory evidence to be the Individual(s)whose name(s) is(are)su s n ed to the within instrument and acknowledged to me that he/shehhey executed the same in hislher/their capacity(ies),and that by his/her I heir stgnatt e(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. Signature and Office of individual taking acknowledgment [seal] . NOTAPY•PUB IC, stots of Noyj,Yora No. 49;t1494; Suff'lk•Co6'-'n- Pleaseinitialea ge. ttmpission L.-Phms N&L-my 22, Initial here: nsor PEI