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HomeMy WebLinkAboutPyrotecnico Fireworks, Inc Firework Display Agreement (2019, 2020, 2021) - 2019 05 22I I 11914111�� THIS AGREEMENT is made this _�2� day of aa7 201 by and between uj� n� iC lc.,�02 the CITY OF WINTER SPRINGS, FLORIDA, a Florl ration, whose address is 1126 East State Road 434, Winter Springs, Florida, 32708 ("City") and PYROTECNICO FIREWORKS, INC., a Foreign Profit Corporation, whose principal address is 299 Wilson Road, New Castle, PA 16101 ("Contractor"). WHEREAS, the Contractor desires to provide to the City certain services under the terms and conditions set forth in this Agreement. ana vallIaDie consiucration, 517 77771pF ana sumcivilcy au 71 M11711 77 ucicuy 7cK717WjCUgVt, Lilt; parties desiring to be legally bound do hereby agree as fbilows: ARTICLE I 1.1 Definitions. For purposes of this Agreement, the following terms and words shall have the meaning ascribed to them, unless the context clearly indicates otherwise. (a) "Agreement" or -Contract" shall be used interchangeably and shall refer to this Agreement, as may be amended, which shall constitute authorization for the Contractor to provide the services stated herein to the City. (b) "City" is the City of Winter Springs. Florida, a Florida Municipal Corporation, and its officers, agents, employees and attorneys. (c) "Contractor" shall mean PYROTEGIT O FIREWORKS, INC., a Foreign Profit Corporation, and its officers, agents, employees and contractors. (d) "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not be effective against any party until said date, (e) "Public Record" is as described in Chapter 119. Florida Statutes. (f) "Services" shall include the performance of the Services outlined in Article 2 of this Agreement. page I of 11 41" of Aly Fireworks Display Agreerneni 2019; 2020, 2021 Cni of Winter Springs — Pyroteenico Fireworks, Inc. 1.2 Engagement. The City hereby engages the Contractor and the Contractor agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless expressly incorporated into this Agreement, 1.3 Due RgigEM. The Conti -actor acknowledges that it has investigated prior to execution of this Agreement and satisfied itself, as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, and the steps necessary to complete the Services within the time set forth herein. The Contractor warrants unto the City that it has the competence and ability to carefully and faithfully complete the Services within the time set forth herein. The Conti -actor will perform the Services with due and reasonable diligence consistent with sound professional practices, ARTICLE 2 DESCRIPTION OF SERVICES TO BE PERFORMED 2.1 Scope of Ser The Services to be performed under this Agreement are as follows: (a) Contractor agrees to furnish the City an outdoor public exhibition of pyrotechnics (a/k/a fireworks display) in a manner traditionally seen throughout the United States of Arnerica on the 4' of July. Unless otherwise determined pursuant to section 2.1(e) or (f) herein, the exhibitions shall be at Central Winds Park on the lakefront on the evenings of July 4, 2019, July 4, 2020, and July 4, 2021 (collectively `-'Exhibition Dates"), each beginning at 9.10 PM. The specific areas for staging shall be at locations designated by the City and reasonably approved by Contractor. (b) Contractor agrees to furnish a duly qualified and experienced pyrotechnist and all labor and equipment necessary for exhibition of pyrotechnics. Each exhibition shall last a minimum of 16 minutes and 30 seconds and shall contain a rnininnurn of 2,620 fireworks shells and effects, the size and type specifically set forth and described in Exhibit "A", attached hereto and incorporated herein. The Contractor shall provide appropriate music for the fireworks display, which shall cornmence with the National Anthem. The fireworks display shall include a highly choreographed display design with music provided throughout the entirety of the fireworks display. (c) Contractor agrees to pay all freight, expenses and cartage charges. (d) Contractor agrees to pay all traveling and other expenses of pyrotechnist and assistants, which may be necessary for exhibition of pyrotechnics. (e) Contractor agrees that, in the event of rain or incletnent weather on one or more Exhibition Date, the City, at its discretion, may reschedule the performance of the Services to the evening of the July 5"' immediately following the subject Exhibition Date, or another date suitable for Contractor to carry out the Services. Any additional reasonable and actual out-of-pocket expenses that are incurred by the Page 2 of 11 4" ol'July Fireworks, Display Agreement 2019, 2020, 2021 City of Wintcr Springs — Pyrolecnico Fireworks, Inc. Contractor due to the postponement may be added to the original contract price upon advance, written approval of the City provided, however, the total of such additional expenses shall not exceed ten (10%) percent of the price of this contract. (1) Contractor may cancel or delay the start or completion of the Services if, in its professional opinion, continuing the display would violate any laws of any governing bodies or pose any threat to human life, limb, or property. If Contractor cancels the Services pursuant to this subsection, the display shall be rescheduled by the City, at the City's sole discretion. (g) Contractor agrees to procure, at its sole expense, any and all permits or licenses that may be required by governmental authorities. 2.2 ' Professionalism. The Contractor shall do, perform and carry out in a professional manner all Services required to be performed by this Agreement, 2.3 Warranty of Professional Services. The Contractor hereby warrants unto the City that it has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. In pursuit of any Services, the Contractor shall supervise and direct the Services, using it best skill and attention and shall enforce strict discipline and good order among it employees and agents. The Contractor shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on performance of the Services. The Contractor shall pay all taxes, fees, license fees required by law, including but not limited to occupational fees and withholding taxes and assume all costs incident to the Services, except as provided herein. ARTICLE 3 3.1 Compensation. For the perforurance and full completion of the Services specified herein, City agrees to pay Contractor a total amount of Twenty -Five Thousand and no/100 Dollars ($25,000.00) for each display conducted pursuant to this Agreement, The City shall pay Contractor for the total amount due immediately following each completed display. There shall be no other compensation due Contractor for the Services provided under this Agreement, unless specifically agreed to by the City in writing. ARTICLE 4 4.1 City, Inspection. Subject to a right of appeal to the City Commission, the City Manager shall have authority to reject Services as not conforining to this Agreement. Prior to the commenceirient, of each exhibition of the pyrotechnics, the City shall have the right, but not obligation, to inspect the fireworks to determine that the display is ready for public exhibition as required hereunder. Page 3 of] 1 411, of July Fireworks Display Agreement 2019, 2020, 2021 City of Winter Springs — Pyrotecnico Fireworks, Inc. 4.2 'Services is a Private UggEKjahjag. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the, parties hereto that the contractual relationship between the City and Contractor is such that tile Contractor is an independent contractor and is neither an agent nor employee of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of all independent contractor between the City and the Contractor during or after the performance of the Services under this Agreement. 4.3 Citv's Responsibilities. The City shall cooperate with the Contractor by: (a) Designating a person with authority to act on the City's behalf on all matters concerning the Services being provided hereunder; (b) Arranging for access to public and private property by the Contractor as necessitated by the Services; (c) Providing, with the assistance of Contractor, the location of an area at Central Winds Park which can be considered a "Safe Firing Site"; (d) Agreeing to furnish and set up rope lines and other reasonable crowd control safeguards for the protection of the public and Contractor; and (e) Agreeing to furnish ample police presence to provide crowd control for the protection of the public and Contractor. ARTICLE 5 SUBCONTRACTS; ASSIGNMENT 5.1 Assignment and Subcontracting. Unless otherwise specifically required by this Agreement, the Contractor shall not assign, sublet, or transfer any rights of Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent ofthe City, except to the extent that any assignments, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Further, the Contractor shall not subcontract any portion or all of the Services without the written consent of the City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the Contractor, and all duties and responsibilities undertaken pursuant to this Agreement will be the sole and exclusive benefit of the City and the Contractor and not for the benefit of any other party. 5.2 Any costs caused by defective or ill-timed Services shall be borne by the party responsible therefore. Page 4 of) 1 411 Of,ftdy Firework's Display Agreement 2019, 2020, 2021 City ol'Wirtter Springs — Pyrotecnico Fireworks, Ine, ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Governing_ Law: Venue. The Contract shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Sernmole County, Florida. The parties agree that the Agreement was consummated in Serninole County, and the site of the Services is Seminole County, If any dispute concerning this Contract arises under Federal law, the venue will be Orlando, Florida. 6.2 Contractor's Representati-ve. The Contractor shall designate an individual to act as a representative for the Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret the Contractor's decisions. This person shall be the Contractor's contract administrator. The Contractor may from time to time designate other individuals or delete individuals with the authority to act for the Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret the Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 6.3 Notices. All projects hereunder, all notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO TI -I E CITY: City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 (407) 327-5957 (Phone) (407) 327-6686 (Fax) w/copy to: Anthony A. Garganese City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. I I I N. Orange Avenue, Ste. 2000 P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (Phone) (407) 425-9596 (Fax) Michael Simmons Show Producer Pyrotecnico Fireworks, Inc. Page 5 of' 11 4"' ol'July Fireworks Display Agreement 2019, 1020, 2021 City of Winter Springs — PyTolecnico Fireworks, Inc, Cell phone: (941) 232-2114 Email.- insimmons L&pyrotectlico.corn w/copy to: Stephen J. Vitale President Pyrotecnico Fireworks, Inc. P.O. BOX 149 NEW CASTLE, PA 16103 Email: svitale jivroteenico.corn 800-854-4705 Notice shall be deemed to have been given and received oil the date the notice is physically received if given by an delivery, or if notice is given by first class U.S. mail, postage prepaid, then notice shall be deerried to have been given upon the date said notice was deposited in the U,S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 6.4 Public Record. Pursuant to Section 119,0701 , Florida Statutes and other applicable public records laws, Conti -actor agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other inaterial(s), regardless of the physical form. characteristics, or means of transmission, of Contractor related, directly or indirectly, to the services provided to the City under this Agreement and made or received pursuant to law of ordinance or in connection with the transaction of official business by the City, may be deemed to be a public record, whether in the possession or control of the City or the Contractor. Said records, documents, transactions, writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, photographs, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of Contractor arc subject to tile provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's designated custodian of public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION J)Fq CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATINGTO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955, —CITYCLERKDEPARTMENT*WINTERSPRJNGSFL.ORG� 1126 EAST STATE ROAD 434, FLORIDA 32708. Contractor is required to and agrees to comply with public records laws. Contractor shall keep and maintain all public records required by the City to perform the services as agreed to herein. Contractor shall provide the City, upon requestt from the City Clerk, copies of the requested Page 6 of I I 4"' of July FiTeWorks Display Agreement 2019, 2020, 2021 City of'Winter Springs — Pyrotecnico Fireworks, Inc. records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of tile Agreement, Conti -actor shall transfer to the City, at no cost, all public records in possession of the Contractor, provided the transfer is requested in writing by the City Clerk, Upon such transfer, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the City Clerk does not request that the public records be transferred, the Contractor shall continue to keep and maintain the public records upon completion of the Agreement and shall nreet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City Clerk, in a format that is compatible with the information technology systems of the City. Should the City not possess public records relating to this Agreement which are requested to be inspected or copied by the City or any other person, the City shall immediately notify Contractor of the request and the Contractor shall then provide such records to the City or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with a public records request, the City may enforce this Section to the extent permitted by law, Conti -actor acknowledges that if the Contractor does not provide the public records to the City within a reasonable time, the Contractor may be subject to penalties under Section 119. 10, Florida Statutes. The Contractor acknowledges that if a civil action is filed against the Conti -actor to compel production of public records relating to this Agreement, the court may assess and award against Contractor the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with this Agreement shall, at any and all reasonable tunes during the normal business hours of the Contractor, be open and freely exhibited to the City for the purpose of examination, audit, or otherwise. Failure by the Contractor to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the City upon delivery of a written notice of cancellation. If the Contractor fails to comply with this Section, and the City must enforce this Section, or the City suffers a third party award of attorney's fees and/Or damages for violating Chapter 119, Florida Statutes, due to Contractor's failure to comply with this Section, the City shall collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Section against Contractor. And, if applicable, the City shall also be entitled to reimbursement of all attorneys' fees and damages which the City had to pay a third party because of the Contractor*s failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. 6.5 Interpretation. Both the City and the Contractor have participated in the drafting of all parts oithis Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6.6 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. 6.7 'Severabilitv. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed frons Page 7 of 11 4"' of July Fireworks Display Agreement 2019, 2020, 2021 City of Winter Springs -- Pyrofecnico Fireworks, Inc. this Contract, and this Contract shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. (a) No principal (which includes officers, directors, or executive) or individual holding a professional license and performing Services under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Services required by this Agreement by any Federal, State, or local goverriniental commission, department, corporation, subdivision, or agency-, (b) No principal (which includes officers, directors, or executive), individual holding a professional ]license and performing Services under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and (c) No principal (which includes officers, directors, or executive), individual holding a professional license and performing Services Linder this Agreement, employee or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. 6.9 Attorney's Fees, Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney's fees. 6.10 'Entire _Agreemerut. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement, 6.11 Sovereign _1M1UM#j1X. The City intends to avail itself of the benefits of Section 768.28, Florida Statutes and any other statutes and common law governing sovereign immunity to the fullest extent possible, Neither this provision nor any other provision of this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability tinder state or federal law. Sponsor agrees that City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, City shall not be liable for any claim or judgment, or portion thereof, to any one person for over two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims orjudgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds three hundred thousand dollars ($300,000.00), Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law, This paragraph shall survive termination of this Agreement. Page 8 of 11 4"' of July Fireworks Display Agreement 2019, 2020, 2021 City ot'Winter springs — Pyroteenico Fireworks, Ine. 6.12 Conflicts. If a conflict arises as to the contents of Exhibit "A" and the Agreement. the Agreement shall govern. MM 7.1 Time is the Essence. The Contractor acknowledges and agrees that time is of tile essence for the completion of the Services to be performed under this Agreement. ARTICLE 8 -11d 'hLiC 8.1 'Worker's Compensation. Upon the effective date of this Agreement, Contractor shall provide proof of worker's compensation insurance in the minimum amount required by law (if required). 8.2 'Professional Liability/MalDractice General Liability. Upon the effective date of this Agreement, Contractor shall submit proof of general liability insurance to cover claims for general liability because of bodily iijiury or death of any person or property damage arising out of this Agreement or any Services provided hereunder. The insurance shall have minimum amount of coverage of $ 1,000,000.00 per occurrence. In the event of any conflict between this Agreement and Exhibit "A," relative to insurance coverage types or amounts provided or required, the coverage types Or amounts which provide the greatest coverage to the City shall prevail and be required by this Agreement. 8.3 Insurance RMuirements. This paragraph shall be applicable to Sections 8.1 and 8.2. The insurance required by this Article shall include the liability and coverage provided herein, or as required by law, whatever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially chanu ' ed or renewal refused until at least thirty (30) days' prior written notice has been given to L the City and the Contractor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing 'insurance policies as "additional insured". The Contractor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. For all Services performed pursuant to this Agreement, the Contractor shall continuously inaintain such insurance in the amounts, type, and quality as required by Sections 8.1 and 8.2. Ili the event Contractor fails to maintain said insurance, City, at its option, may elect to terminate this Agrees lent without penalty by written notice to Contractor. 8.4 Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, the Contractor agrees to the fullest extent permitted by law, to indemnify and hold Page 9 of 11 411 of July Fireworks Display Agreen-tern 019, ?010, 2021 City (if Winter Springs — Pyrotecnico Fireworks, tile. harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but riot limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors. omissions, intentional or otherwise, arising out of or resulting from Contractor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all clairris of or its employees, officers, and attorneys which may result from the Services under this Agreement whether the Services be performed by the Contractor or anyone directly or indirectly employed by them, In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for- which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 8.4 shall survive termination of this Agreement. 8.5 Standard of Care. In pet -forming its Services hereunder, the Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. ARTICLE 9 9.1 TerminationB. This Agreement may be terminated by mutual written agreement yCity_ 1� between the parties. Further, the City may terminate this Agreement for convenience, at any time, without penalty, by providing written notice of termination to Contractor. However, to the extent Services have been performed by Contractor, the City shall pay the Contractor, as full payment for all Services performed and all expenses incurred, the sums that are actually due and owing to the Contractor for payment of all Services completed to the City's satisfaction through the termination date, along with reimbursable expenses (if any,) as provided in this Agreement, provided the amount will not exceed the annual contract price as provided in paragraph 31 above. Any payment due shall be subject to the Contractor supplying the City with detailed invoices as described in this Agreement. Upon notice of termination, the Contractor shall cease all Services being provided hereunder unless otherwise directed by City in writing. 9.2 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall riot act as a waiver of the City's right to later claim a failure to perforril on the part of the Contractor. ---------- 10.1 Term, The term of this Agreement shall commence upon full execution of this Agreement by both parties hereto and, unless otherwise extended pursuant to this section, shall terminate at such time Contractor has fully performed all the Services required by this Agreement to the complete satisfaction of the City and all claims made pursuant to this Agreement have been fully settled or the statute of limitations for bringing such claims has expired. Page 10 of 11 4111 of July Fireworks Display Agreement 2019, 2020, 2021 City of Winter springs — Pyroteenico Fireworks, Inc. . . . . . . . . . . . settled or the statute of limitations for bringing such claims has expired. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CONTRACTOR: Pyrotecnico Fireworks, Inc. a foreign profit corporation. �411 S"Weir N*dr,+render& Page I I of I I I COM-TAgTLIN��NCE� p(1,111,111 PYROTECNICO"fx Sponsor Name-. r - r Sponsor Contact Name; ........... ... ......... Address; City, State & z! Pz cv Phone- 'A Fax� . . .. . . .. ... Email - Accounts Payable Contact: C Accounts Payable Ernalh )1A Display Dole: I _,7Lt(1 Display Time.. Rain Date. Day -of -Show Contact Name; �er�Sp r tkA4 '7 q:3-9Lf I Doy-of-Show Email.Tyl Day -of -Show MobillPh e, one Number.- �AO - -L�- Display Site Location and Addressi_ C) Ce ry�-Mk If Pyrotecmco has produced a show at this site, has the geography changed? Le, new, structures, new terrain, etc If yes, please describe.. Additionally Insured - If Appficable� J V L FAk +1.724.652.1288 EMAIU X�XXX@pyraetnic*.com � .fit;.. � !, • .�.. ti • k '.: H i i A . ;# 4 y y s., _ w A 0 IVA PRODUCER 1375 East 9th Street ,leveland OH 44114 A' INSURED 2299 INSURER P:Ever stNationallnsura e {-mpany. _.._...__. .1112 Pyratecnico Fireworks Inc. 1rvsuRERc.Ivlaxul Indemnity .orrlpuny _..._.___74 P.CI. Box 149 INSURER 4i t 299 Wilson Road New Castle RA 16103 INSYFElaE INSURER F: COVERAGES CERTIFICATE NUMBER: 1879372031 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P RRI05 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 IC' INSR 'ADOL L18R ..._._.._.... ..._...... - _-POIUCY EFF .... PC7LY EXP LTR TYPE OF INSURANCE ; INSR WVD POLICY NUMBER ( MM/DD/YYYY MMlPD✓YYYY ] LIMITS A GENERAL LIABILITY , SI8MLOO891-191 1/14112019 11114/2020 EACH OCCURRENCE 151,000,000 r ......_'.... COMPERCtAL GENERAL LFABIL.ITY I �'AfuIAGE T{`i Rf=N_un - _ .. x ( OREMIS„�`~ (Ea ®taurrenre) S500,000 CLAIMS -MAGE X OCCUR _ ..MEQ EXP (Any one person) PERSONAL & ADV INJURY $1,ptJ0,00t7 GENERAL AGGREGATE i $2x,000=0 GENT AGGREGATE LIMO APPLIES PER % ? PRODUCTS-COMIPIOP AGO S2,000,000 .X . ) PRO- � LOC � _ ....... ... e � _..... , S.._ POLICY B AUTOMOBILE LIABILITY ' S18CA00141-191, 111412019 111402020 (Ea accident!,.,. , $1,000,000 . X ANY AUTOBODILY INJURY (Per person) $ . _ ALL OWNED SCHEDULED i BODILY INJURY (Per araden4 � S ._ AUTOS � AUTOS - 7� NON -OWNED DAMAGE X ;X `PFtOPE€?T'Y �HIRED AUTOS er accident .._ _ .. AL6Tb5 ��P.. ...... J i C `: UMBRELLA LIAR `.. X : OGGUR EXC6030375 111412019.._ 17'1402020 EACH OCCURRENCE 54,000 000 X i EXCESS LIAB CLAIMS -MADE AGGREGATE 54,000,000 I DEL) . RETENTION $ ` 5 NIORKERSCO)MPENSATION _ VVCSTATU- CSTH-i AND EMPLOYERS' LIABILITY_ Y! N_T_?RY_UM@T�... ,L..51i... .. _ - i ANY PROPRIETORIPARTNER /EXECUTIVEE.L EACH ACCIDENT 5 OFFICERIMEMBER EXCLUQED7 I :._ __.... (Mandatory in NH) NIA E L DISEASE EA EMPLOYEE S _ If yes. desrnbe under ................ 1)ESCINTION OF OPERATIONS below i E.L. DISEASE - POLICY !.WHIT $� C Excess Liability #2 EXC6034019 10412015 1/1412020 Each Occurrence $5,000,000 Aggregate $5.000.000 Total Excess Limits $9,,000:000 DESCRIPTION OF OPERATIONS J LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement. Fireworks Display Date: July 4, 2319 Rain Date: July 5, 2019 Location, Central Winds Dark, 1300 Central Winds Drive, Winter Springs, FL 32708 Additional Insured: City of Winter Springs, 1120 E SR 434, Winter Springs, FL 32708 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Winter Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1128 E SR 434 ACCORDANCE WITH THE POLICY PROVISIONS. Winter Springs FL 32708 AUTHORIZED REPRESENTATIVE _. C 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks Of ACORD - --. DATE {M DDNYYY)AC". 051 1 RIS 219 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 ollcy(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 can this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER - -.. -.... CONTACT - ---. N AME: ...... -_-. ........ Applied Risk Services, Inc. PHONEto c, E-MAILFAX Nay: � S77}2349;421 0825 Old Mill Rd Ne, Ext): (877)234-4420 _ O aha, NE 68154 ADDREss: .. PRODUCER (877)2.34-4420 CUSTOMER III ... INSURER(S) AFFaRDINo COVERAGE NAIL # _INSURE6_ .. -_ ... ---. .... .-.. _INSURER A' Continental Indemnity Co. 28288 ... _-INSURER 8: _- Py otecnsco 299 Wilson d INSURER C: New Castle, PA 16101, INSURER D: INSURER EC CIL 1273 1538882 INSURER F; COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 I5 SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR: --- d4iaCiY,EU8R7 --- ._ RELIC YISFF POLICY EXP LTR TYPE OF $ SU'HANC..E INSR WVD '.... POLICY NUMBER JMWDDNYYYJMM/DDiY LIMI. GENERAL LIABILITY ,. EAGHOGGUOREINGE CONTMERCIAL GENERAL LIABILITY i DAMAGE TO RENTED FIEFID SCS [Earrrurerare).. a I.RIIt S MADEOCCUR .... . 1„ MEi_EXr' ianyorxe pecan $ _ .. ......_ ...... ----. PERSONAI AADV INJURY .i GENERAL AGGRECAiE w GENT. AGGREGATE LIMITAPPLIES PER � .. ... .. 9'RCa,. PR';ODUCT;�,, i3QMP,QFAG ` (-- ... I POLICYJCCT L.GC S AUTOMOBILE. LIABILITY.... _.... --_- COMBINED SINGLE LIMIT -....... ANYAUTO j PxnidentY -. ALS C]A�RNED AUT05. , BODILY] NJURY {Pa:r p SCHEDLNI...E1AUTOS r" ..-. PROPERTY DAMAGE "-HIREDAUTGS i`Peraccizier€tt i S '.. PEON -OWNED AUTOS � 11 RISE ELLA LIA.B' -. _. OCUPAf:N (yt,,GIJRRE NGE S -.... ...--. .._. .R EXCESS LIAR GAWS,MADE .--.... _ ACL.GFiFOATE S DEDUCTIcF ---. 5 RETENTION S S WORKERS COMPENSATION _.x WCSTATJ IOTHti _.: AND EMPLOYERS'LIABILITYY!N �.—ITSQRY_LIMITS ---__, ER -- ... ANYPR PRIETaRrPART �c a 'FruTIVE N d A 7 - 8 7 2 9 6 - i7 -14 {9 tt17d ta18 16lt7712t719 r L EACH AC CIDENT S 1,000,000 'OFFICERiMEMBEREXCLUDE'D? ly - ... IMandatory In NH}. E.L..,DISEASE -..EA EMPLOYEE S 1,000,000 It yes, describe cinder SIDE"IAL PROVISIONS Allow E L. DISEASE -POLICY LIMIT S 1,000,000 [JESGRIFTG6NC3FDPERATIONS/ LOCATIONS /VEHICLES (Attach Acord 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Winter Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED 1126 E SR 434 EEFORETHEEXPIRATION DATE THEREOF, NOTICE WILLREDELIVERED Winter Sys, FL 32708 IN ACCORDANCE WITH THE POLICY PROVISIONS; AUTHORIZED REPRESENTATIVE 7 L0 3 9971 ACORD 25 (2009/09) @1988-2909'ACORD CORPORATION" All rights reserved