HomeMy WebLinkAbout2005 04 25 Consent 201, Pyrotecnico Fireworks Display for July 3, 2005
COMMISSION AGENDA
ITEM 201
Consent X
Informational
Public Hearing
Regular
04/25/05
Regular Meeting
~L\?
Mgr. 1 Dept.
Authorization
REQUEST:
The Parks and Recreation Department is requesting the City Commission
to accept the proposal of Pyrotecnico and authorize the City Manager to
execute a contract with the approved proposal for a fireworks display on
July 3, 2005.
PURPOSE:
The purpose of this agenda Item is to obtain Commission Approval to
accept and execute a contract for a fireworks display on July 3, 2005.
CONSIDERATIONS:
. Last year Pyrotecnico again came to Winter Springs and provided a very good Computer
Choreographed and Computer Fired Fireworks Display at a total cost of $ 26,000.
. Proposals were requested for the Winter Springs 3rd of July Display 2005.
. Three (3) Firework Display Companies submitted a total of Five (5) Proposals.
PROPOSER PRICE TOTAL SHELL COUNT SHELL COUNT D1SPLA Y
MAIN SHOW GRAND FINALE SHELLS
PYROTECNICO $ 24,000 2.5 " 3 " 4" 5" 6" 8" 2.5 " 3 " 4" 5" 6" 8"
AERIAL I 0 I 100 I 368 I 215 I 112 I 20 I I 0 I 700 I 42 I 20 I 12 I 4 I 1,593
D1SPLA Y
Bid #1 MS TOTAL = 815 GF TOTAL = 778
PYROTECNICO $ 24,000 2.5 " 3 " 4" 5" 6" 8" 2.5 " 3" 4" 5" 6" 8"
AERIAL I 0 I 250 I 3 I 2 I 207 I 86 I 15 I I 950 I 0 I 42 I 20 I 12 I 4 I 1,898
D1SPLA Y
Bid #2 MS TOTAL = 870 GFTOTAL = 1,028
2.5 " 3 " 4" 5" 6" 8" 2.5 " 3 " 4" 5" 6 " 8"
MELROSE $ 22,000 I 330 I 360 I 140 I 126 I 80 I II I I 144 I 600 I 35 I 42 I 36 I 2 I 1,906
MS TOTAL = 1,047 GF TOTAL = 859
CENTRAL FLORIDA 2.5 " 3 " 4" 5" 6" 8" 2.5" 3 " 4" 5" 6 " 8" 10"
CREATIVE $ 20,000 10" I 0 I 550 I 40 I 20 I 15 I 3 I I I 1,502
PRODUCTIONS Bid #1 I 0 I 315 I 275 I 185 I 90 I 6 I 2 I
LLC. GF TOTAL = 629
MS TOTAL = 873
CENTRAL FLORIDA 2.5" 3 " 4" 5" 6" 8" 2.5" 3 " 4" 5" 6 " 8" 10"
CREATIVE $ 25,000 10" I 0 I 600 I 40 I 25 I 15 I 3 I I I 1,600
PRODUCTIONS Bid #2 I 0 I 300 I 300 I 200 I 100 I 12 I 4 I
LLC. GFTOTAL=684
MS TOTAL = 916
All proposals are computer choreographed and fired with a 30 minute duration.
FUNDING:
$ 24,000 from Account - Promotional Activities, July 3rd.
RECOMMENDATIONS:
Authorization of the City Manager to enter into a contract with Pyrotecnico to provide fireworks
for July 3, 2005 at a cost of $ 24,000.
IMPLEMENTATION SCHEDULE:
May, 2005
May, 2005
July 1, & 2, 2005
July 3, 2005
Execute Contract.
Pyrotecnico checks and marks site and obtain and review sound track.
Initial Setup.
Final Setup, Coordination, Display of Show, and Removal.
ATTACHMENTS:
1. Request for proposals.
2. Comparison of proposals.
3. Pyrotechnico Proposal.
4. 3rd of July Fireworks Display Contract
COMMISSION ACTION:
ATTACHMENT #1
r-
REQUEST FOR PROPOSALS
Winter Springs 4th of July Fireworks Display, 2005
(RFP 002-05-CP)
Proposal Due Date:
Thursday, January 27,2005
3:00 PM
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
OVERVIEW
The City of Winter Springs, Florida, wishes to provide a comprehensive 4th of July fireworks display in
conjunction with its entertainment extravaganza for the year 2005. The display will cap off a 4-hour event that
will include live music children's activities, concessions, and select vendor demonstrations. The evening would
conclude with fireworks productions that would have a guaranteed 30 minutes of continuous fireworks displays.
The entire period of fireworks displays would be accompanied by prerecorded musical scores with themes
appropriate for the occasion.
THE CITY OF WINTER SPRINGS. FLORIDA
The City of Winter Springs is an upscale residential suburb of30,866 residents, located 15 miles northeast of
Orlando in Seminole County, Florida. The City prides itself on its comprehensive park system, and 4th of July
Celebration from 1999 - 2004 attracted an average of 30,000 people from the city and surrounding communities
during the four hour period between 5 p.m. and 9 p.m.
SCOPE OF SERVICES
I. The successful proposer will provide all necessary equipment, personnel, and material for set up,
display of show, tear down and provide a complete fIreworks display lasting no less than thirty (30)
minutes.
2. There shall be a two-phase display with a main body of the show lasting no less than 20 minutes, and a
finale lasting no less than 10 minutes.
3. At a minimum, a total shell count of 1,500 shall be provided, and shells shall be "racked" or trenched
and may be hand or electronically fIred.
4, During the main body of the show, a minimum of750 shells shall be used, of varying sizes from 2 ~-3
inches to 8 inches.
5. During the finale of the show, a minimum of750 shells shall be used, of varying sizes from 2 ~-3
inches to 8 inches.
6, The successful proposer will provide complete liability insurance coverage, with the City of Winter
Springs named as additional Insured, The liability insurance limits shall be no less than 5 Million
dollars.
7. The successful proposer will indicate how they will provide a "World Class" Firework Display for the
City of Winter Springs.
CITY OF WINTER SPRINGS RESPONSIBILITIES WILL INCLUDE:
1, All necessary City approvals and permits.
2. The use of Central Winds Park for preparation, production, and breakdown.
3. Restroom facilities.
4. Parking facilities, and parking coordination near site.
ADDITIONAL PROVISIONS: .
1. Proposers shall quote an all-inclusive fee for all services. Payment will be 100% due on July 4,2005.
2. Proposer will provide a listing of the amount of2 W'- 3", 4",5",6", and 8" shells to be provided for
the main body fIreworks display and also the Grand Finale fIreworks display. Also indicate the entire
fIreworks display will be computer choreographed and computer fIred.
3. Proposals must be submitted to the following by 3:00 P.M., Thursday, January 27,2005
City Clerk, City of Winter Springs
City Hall
1126 East State Road 434
Winter Springs, Florida 32708
NOTE: Plainly mark on the outside of the sealed envelope the following information
SEALED BID
REP No.002-05-CP
Winter Springs 4th of July Fireworks Display 2005
Bid Opening: Thursday, January 27, 2005 @ 3:00 PM
4. Proposals must be signed by a principal who has authority to bind the company or firm, and must be
effective until March 31, 2005.
5. Proposers must be legally authorized to transact business in the state of Florida and the City of Winter
Springs, Applicable state statutes and city ordinances and regulations will apply to any resulting
agreement.
6. Proposals must include conditions under which cancellation of the day's events by the City for reasons
it deems necessary will require compensation, and in what form or percentage.
7. Proposers may submit alternate proposals.
8. Oral representations by City staff which are outside the scope and content of this RFP and written
addenda thereto should not be relied upon as legally binding, and should be viewed as guidance only.
9. Additional information about the City, its.facilities, or other general information can be obtained by
contacting the Director of Parks and Recreation, Chuck Pula at 407-327-6590.
>-r/J '"
<(...l 00 '" N 0
...l...l ~ ~ 0 0 0
B;~ "'- 00. ~ "'- "'.
- -
or/J
~- ~-
- - r- - -
00..,. ~-.::t OoN 00", 00
'"
- - f-- - -
,
1-'" "'~ "'~ ",,,, "'~ "'~
13~ '"
- - - -
025 ""0 fn~ fn~ fn~ fn~
u""
~~ N
- - - -
:;"N ~~ 00 ~~ ~~ ' 0
r/JO ..,. 00 N ~ ~ ..,...,. ..,.
O.
- r-- - - V; ~ N - 00
r-- 00 '" '"
;"0 II , " , 0 II , 0 " , 0 II
0 ~ ",0 ...l '" 0 ...l "'~ ~ '" 0 ~
r-- <( '" <( '"
, - I- - l- I- e- I- - I-
0 0 0 0 0
V; I- ~~ I- :n..,. I- .,., I- .,., I-
NO . ..,. NO NO
"" N ~ "" N - "" "" ""
- 0 - 0 0 C- O - 0
r- -
0 0
_ N - ..,.
- - f-- -
&o~ Oo~ 00_ 00 Co:::!
- '"
I- - - f-- -
5 ' N , , , 0
0 '" - "'''' "'0 ",0 "';:
U~ - 00 00 ~
...l0 I- - I- -
...l:r: , V; , r-- , '" , V; , 0
"'r/J V; _ V;o V;N V; 00 v;o
~~ N N - N
I- - I- -
~~ ~~ ' 0 r-- ~~ ' 0
I- ..,...,. ""0
0 '" V; '" 0 - ..,. N '" '" '"
;;0 r-- O. r--
l- I- - 00 f-- 00 - ~
;"0 II ;"0 II ;"0 II ;:..-, ~ " ;"0 II
0 ~ V; ~ '" ~ ~ 0 ...l
N '" '" '" <(
l- I- - l- I- f-- I- - I-
, 0 , 0 , 0 , 0 0
V; l- V; l- V; 0 l- V; I- .,., I-
NO NO . '" NO
r/J r/J N", r/J r/J NO r/J
~ ~ - ~ - ~ '-- ~ - ~
>- >-
<( <(
...l ...l
e. e.
r/J r/J
Ci Ci
8~- 8~N 0 0 0
'" 0 0 8r~
~C2~ 0 0-
U -.:i~~ N . 'It
C2 ~~iii ~~iii N ~~ ~~
e. "" ""ID ""ID
cj cj
...l ...l
...l ...l
r/J r/J
Z Z
0 0
1= 1=
<(U <(U
O::J O::J
-0 -0
0 0 "'0 "'0
U U 0", 0",
'" Z Z tie. tie.
'" U U '" ~~ ~~
r/J '" '" r/J
0 l- I- 0 ",l-
e. 0 0 ::l 1-< 1-<
0 s: s: Gl:;! Gl:;!
'" ~
e. e. e. UU UU
ATTACHMENT #2
d
o
";g
~
'1'::l
~
"Ej
s:::
'S
o
~
(lj
~
.....
.~
'1'::l
~
l-<
~
'1'::l
8
'1'::l
~
~
g.
l-<
b1)
o
~
l-<
o
~
U
l-<
~
"Ej
0..
S
o
u
~
~
CIl
-
(lj
CIl
o
0..
o
l-<
0..
-
~
Januaty 26, 2005
Chuck Pula
City of Winter Springs
Office of the Parks & Recreation
1126 East Road 434
Winter Springs, Florida 32708
~
Bringing the night to light!
Dear Chuck,
Thanks for the opportunity to bid on this years /7/3/05/ fireworks display for
the city I hope we can be of service.
I have included two variations of our $24,000.00 quote. As your RFP stated,
2 0"-8" shells, I kept within these guidelines. Last year we had 10" shells and
nothing smaller than 4" in the body.
Your proposal represents a complete contract which includes all material and
equipment to fire your display, along with our Ten Million A + 15 Insurance
coverage. Also, included are the services of our highly trained and
professional pyrotechnician teams to set up, fire your display, and provide all
clean up at the conclusion of the program.
Regarding your scope of services, we can comply with all that you request
The show will be computer choreographed and fired
This is HWor/d Class" fireworks entertainment We are using state of the art
digital firing systems, providing the best of the best in product and bringing
over 100 years of experience to the job. In 2004, we were selected for the
following "World Class" events:
I. NFL Super Bowl Halftime Show
2 NHL Stanley Cup Championship
3. Democratic National Convention
Not many companies can make the same claim. Thanks again. I will talk with
you soon.
Sinceref: ,
ote n co
HEADQUARTERS
New Castle, PA
Phone: 1-800-854-4705
1-724-652-9555
Fax: 1-724-652-1288
P,O. Box 149
New Castle, PA 16103
Montgomery, AL
Phone: 1-800-255-1199
1-334-286-4044
Fax: 1-334-286-4037
Atlanta, GA
Phone: 1-877-924-0102
1-770-924-0102
Fax: 1-770-924-2646
New Orleans, LA
Phone: 1-800-783-2513
1-985-893-8800
Fax: 1-985-893-1215
Tampa, FL
Phone: 1-727-857-9766
Fax: 1-727-857-9767
I www.pyrotecnico.coml
Pyrotecnico 1/26/2005
CofWS 7/3 $24,000 0 Pg. 1 of 7
PROPOSAL
.."'*
Bringing the night to light!
SPECIAL ENTERTAINMENT PRESENTATION
CITY OF WINTER SPRINGS
"FOURTH OF JULY"
WINTER SPRINGS, FLORIDA
JULY 3, 2005
$24,000.00 @ AERIAL DISPLAY PRESENT A liON
THIS PRODUCTION INCLUDES:
P.O. Box 149
New Castle, PA 16103
PHONE: 724-652-9555
800-854-4705
FAX: 724-652-1288
NEW CASTLE, PA
"fireworks CapitaL of America."
I www.pyrotecnico.com I
~~ All Necessary Insurance to include: Ten Million Dollar General Liability Insurance,
. Ten Million in Commercial Transportation Insurance, and State Worker's
Compensation.
~
.'~
Our Trained Technicians to Produce The Display.
#~
All Transportation and Delivery Costs. Transportation provided by our
Commercially Licensed Drivers
#-~: All Materials and Equipment to Fire the Display.
#~: All Necessary Safety Precautions to Provide a Safe and Spectacular Display.
Assistance with Local and State Fireworks Display Permits.
#-~ A Highly Choreographed Display Design.
#-~ The Widest Variety of Top Quality Shells and Special Effects from around the
Globe that includes our Own American Products.
Pyrotecnlco 1/26/2005
CotwS 7/3 $24.000 8 Pg. 1 of 4
Pyrotecnico 1/26/2005
ryROTt(
I (0
SPECIAL ENTERTAINMENT PRESENTATION
CITY OF WINTER SPRINGS
"FOURTH OF JULY"
WINTER SPRINGS, FLORIDA
JULY 3, 2005
$24,000.00 8 AERIAL DISPLAY PRESENTATION
BODY
mREE INCH SHELLS
5 - Extra Loud Titanium Salutes
100 - Multi Color Star Shells
100 - Fancy and Color Changing Shells
1 5 - Special Effect Shells
15 - Variegated Crackling Shells
1 5 - Assorted Stickless or Comets
FOUR INCH SHELLS
100 - Multi Color Star Shells
100 - Fancy and Color Changing Shells
25 - Special Effect Shells
25 - Variegated Crackling Shells
25 - Pattern Shells
25 - Assorted Stickless or Comets
FIVE INCH SHELLS
75 - Multi Color Star Shells
75 - Fancy and Color Changing Shells
I 5 - Special Effect Shells
15 - Variegated Crackling Shells
I 5 - Pattern Shells
SIX INCH SHELLS
35 - Multi Color Star Shells
30 - Fancy and Color Changing Shells
5 - Special Effect Shells
5 - Variegated Crackling Shells
5 - Pattern Shells
CofWS 7/3 $24,000 @ Pg. 2 of 4
~yRO
tC\\/(O
EIGHT INCH SHELLS
5 - Color Changing Chrysanthemum Shells with Pistol and Tails
5 - Color Changing Peony Shells with Pistils and Tails
3 - Pattern Shells
2 - Assorted Color Changing: Kamuro,
Diadems, and Willows with Large Raising Tails
LOW LEVEL PRESENTATION
I - 100 Shot Sino Fan Cake
1 - 1 50 Shot Happy Stars Cake
1 - 300 Shot Peacock Exercise Cake
1 - 600 Shot Silver Swallow Cake
I - 600 Shot City Nights Cake
I - 1000 Shot Whistling Comet Cake
2,750 Total Shots
SPECIAL FLIGHT SCENES
GOLDEN PALM TREES
4 - 4" Golden Palm Trees
4 - 5" Golden Palm Trees
2 - 6" Golden Palm Trees
RED, WHITE AND BLUE WHISTLE
4 - 4" Red, White and Blue Whistle
4 - 5" Red, White and Blue Whistle
2 - 6" Red, White and Blue Whistle
CRACKLING STAR SHELLS
4 - 4" Crackling Star Shells
4 - 5" Crackling Star Shells
2 - 6" Crackling Star Shells
GRAND FINALE PRESENTATION
950 - 2 '/2 " Assorted Color Changing Star Shells and Titanium Salutes
42 - 4" Color Changing Chrysanthemum Shells
20 - 5" Two Color Peony Shells
12 - 6" Large Multi Colored Chrysanthemum Shells
4 - 8" Special Effect Shells
Pyratecnico 1/26/2005
CafWS 7/3 $24,000 6 Pg. 3 of 4
Pyrotecnico 1/26/2005
p Y R 0
E(
I (0
SPECIAL ENTERTAINMENT PRESENTATION
CITY OF WINTER SPRINGS
"FOURTH. OF JULY"
WINTER SPRINGS, FLORIDA
JULY 3, 2005
$24,000.008 PRESENTATION RECAP
BODY
250 - Three Inch Shells
300 - Four Inch Shells
195 - Five Inch Shells
80 - Six Inch Shells
15 - Eight Inch Shells
LOW LEVEL PRESENTATION
1 - 100 Shot Sino Fan Cake
1 - 1 50 Shot Happy Stars Cake
1 - 300 Shot Peacock Exercise Cake
1 - 600 Shot Silver Swallow Cake
1 - 600 Shot City Nights Cake
1 - 1000 Shot Whistling Comet Cake
2,750 Total Shots
SPECIAL FLIGHT COMBINATIONS
12 - Four Inch Shells
12 - Five Inch Shells
6 - Six Inch Shells
GRAND FINALE
950 - Two and One Half Inch Shells
42 - Four Inch Shells
20 - Five Inch Shells
12 - Six Inch Shells
4 - Eight Inch Shells
CofWS 7/3 $24,000 @ Pg. 4 of 4
13500 Lake Vining Drive #16307 C# 407/808-9664
Orlando, FL 32821 E-mail: samedeo@pyrotecnico.com
INDOOR SHOWS
Louisiana
Choppa-2002
Sugar Bowl-200t, 2002
Krewe ofLouisiane-2002
Franklinton Community Theatre, usa Show-2002
D-Day Museum, 1st Anniversary-2002
D-Day Museum, Grand Opening-2001
Southern Decadence-2001
Cooper T, Smith-2001
Legend Films Awards Ceremony-2001
Trahan Dance Company-200l
Krewe ofEndymion-2001
License Holder- LA
Disney On Ice-Jungle Stories
Phantom of the Opera
WWF
WCW
Bow-Wow
Britney Spears
Creed
Jekyll and Hyde
Florida
Orlando Predators-20OJ
Abracadabra-2002
Alabama
Tuskegee Museum Opening-2002
13500 Lake Vining Drive #16307 C# 407/808-9664
Orlando, FL 32821 E-mail: samedeo@pyrotecnico.com
Steven P. Aanedeo
OBJECTIVE
To obtain the "Fourth of July" show for 2005 for the city of Winter Springs utilizing
Pyrotecnico's experience with professional fireworks shows.
SUMMARY
Five years+ experience with outdoor and indoor pyrotechnic and special effects
productions including confetti, bubbles, snow, and fly guys, Positions held include lead
technician, assistant technician, and production assistant. Trained in the use of
Fire-One@, Pyrodigital@, Pyropak@, and Pyromat(l@ firing systems, Experience
encompasses many areas such as football and baseball teams, festivals, conventions, and
concert and theatrical tours.
CAREER HIGHLIGHTS
· Tech on "Wishes" at Walt Disney World in The Magic Kingdom.
· Lead technician for outdoor fireworks for Super Bowl XXXIV, Atlanta, GA.
· Former President George Bush, Tuskegee Museum Opening-2002,
· Lead technician for Sugar Bowls 2001 and 2002.
· New Orleans New Years Celebrations 2001 and 2003,
· New Orleans Saints training camps 2000 and 2001.
· Lead and assistant positions for New Orleans Zephyr's baseball seasons-
1999-present.
PROFESSIONAL AND FREE-LANCE EXPERIENCE
1999-Present Pyrotecnico
Show Producer
· Production of outdoor and indoor events.
· One-on-one client contact,
· Lead technician on most events.
New Castle, P A
2004 Walt Disney World Resorts
Stage Tech III
· Tech on "Wishes" as Magic Kingdom,
· Trained on Spotters 2,5,6, and Mainsite shooter,
· Trained on special event fireworks tech.
Orlando, FL
2004 Universal Orlando Resorts
Pyro Tech IV
· Assist with daily objectives,
· Assist on events and productions.
Orlando, FL
1999-2004 Classic Effects Madisonville, LA
Free-Lance Pyrotechnician
· Production of indoor events.
· One-on-one client contact,
· Experience with the use of confetti, snow, bubble, and fly guys,
13500 Lake Vining Drive #16307 C# 407/808-9664
Orlando, FL 32821 E-mail: samedeo@pyrotecnico.com
OUTDOOR SHOWS
Louisiana
Treasure Chest Casino New Year's Celebration-2004
New Orleans Zephyr's-1999, 2002
New Orleans Saints Training Camp-2000, 2001
Pitts Management Party-2000, 2002
Breaux Bridge Christmas Festival-1999, 2001
Sugar Bowl-2002
Baton Rouge Christmas Festival-2001
New Orleans New Years Celebration-2001, 2003
Chef Soiree-200 1, 2002
Baton Rouge Symphony Fourth ofJuly Celebration-2000, 2001
City of Monroe Jaycees- 2001
Bally's Casino Fourth of July Celebration-200 1
French Quarter Festival-2001
Gretna Heritage Festival-2001
Nicholls State University Homecoming-2001, 2002
Lundi Gras-2000
Aquarium of the Americas-2000
Jazzland Theme Park-2000
Fort Polk Fourth of July Celebration-2000
Contraband Days-2000
Alabama
University ofMobile-2004
Mobile Bay Bears-2002 Season
Florida
Port St. Lucie Mets-2003, 2004
University of Jacksonville-2003, 2004
Boca Raton Boat Parade-2002, 2003
Vero Beach High School-2003
Boca Raton Yacht Club-2003
Lakeland Christmas Parade-2003
ME Productions-Dolphin Resort-2002
Sandestin Beach Hilton, Numerous Shows
Mississippi
Silver Star Casino Summertacular-2004 Season
Silver Star Casino Fourth of July Celebration-2002, 2003
Dr, Brent Wedding-2002
Isle of Capri 10th Anniversary-2002
Oklahoma
Target Opening-2002
Georl!ia
Super Bowl XXXIV-2000
Atlanta Jazz Festival-2001
Texas
Girl Scouts Corporate Birthday-2002
ATTACHMENT #4
CITY OF WINTER SPRINGS
3RD of JULY FIREWORKS DISPLAY CONTRACT
THIS AGREEMENT is made this, _ day of , 2005 by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal
Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida
("City") and S. Vitale Pyrotechnic Industries, Inc., a Pennsylvania Corporation
DIBI AlPyrotenico of Florida; 302 Wilson Road, New Castle, P A 16103 ("Contractor").
RECITALS:
WHEREAS, the Contractor desires to provide to the City certain services under
the terms and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other
good, and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
ARTICLE I
GENERAL PROVISIONS
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 amended from time to time, 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.
(c) "Contractor" shall mean S. Vitale Pyrotechnic Industries, Inc, DIBI A
Pyrotecnico of Florida, LLC of Tampa, its agents, employees and
contractors thereof.
(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 to into effect. The Agreement shall not be effective against any party
until said date.
(e) "Public Record" is as described in Section 119.011(1), Florida Statutes.
(f) "Services" shall include the performance of the Services outlined III
Article 2 of this Agreement.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page I of 10
1.2 Enea2ement. 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 incorporated in this Agreement.
1.3 Due Dilieence. The Contractor acknowledges that it has investigated prior to
execution of the 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 to complete the Services within the time set forth herein. The
Contractor warrants unto the City that it has the competence and abilities to carefully and
faithfully complete the Services within the time set forth. The Contractor will perform it
Services with due and reasonable diligence consistent with sound professional practices.
ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of Services. The Services to be performed under this Agreement are as
follows:
(a) Contractor agrees to furnish the City an outdoor public exhibition of
pyrotechnics (alk/a fireworks display) in a manner which is traditionally
seen throughout the United States of America on the 3rd of July. The
exhibition shall be at Central Winds Park on the lakefront on the evening
of July 3, 2005 at 9:00 P.M. 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 necessary for exhibition of pyrotechnics The exhibition shall
last approximately thirty (30) minutes and shall contain a minimum of
4,648 fireworks shells and effects, the size and type of which shall be as
specifically described in Exhibit "A", attached hereto and incorporated
herein. The exhibition shall be coordinated with a musical score which
shall be played simultaneously with the exhibition of pyrotechnics. The
score will be suitable for a traditional 4th of July fireworks event.
(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 to provide and operate a computer firing system and
musical score produced by Steven Amedeo, no longer than June 10,2005.
Contractor will review and coordinate musical score with City Equipment
Contractor.
3rd of July fireworks Display Contract
City of Winter Springs - S, Vitale Pyrotechnic Industries, Inc.
Page 2 of 10
(f) Contractor agrees that, in the event of rain or inclement weather, a
postponement may be made by the City, at its discretion, the rain date will
take place on July 4,2005. Any additional reasonable and actual out-of-
pocket expenses that are incurred by the Contractor due to the
postponement may be added to the original contract price upon advance
approval of the City provided, however, the total of such additional
expenses shall not exceed ten (10%) percent of contract price.
(g) Contractor may cancel or delay the start or completion of the fireworks
display if in its professional opinion to continue the display would violate
any laws of any governing bodies or pose any threat to human life, limb,
or property, such as high winds, hazards in the firing area, and
unauthorized persons entering the firing area. If Contractor cancels the
display, in its professional judgment, the display shall be shown at a later
date in accordance with the terms of this Agreement.
(h) Contractor agrees, at its expense, to procure any and all permits or licenses
that may be required by governmental authorities.
2.2 Professionalism. The Contractor shall do, perform and carry out III a
professional manner all Services required to be performed by this Agreement.
2.3 Submittal of Proeress Reports. Upon request by the City, Contractor shall
submit a written progress report as to the status of all Services set forth in the Agreement.
The report shall in a sufficient manner demonstrate what services were performed under
this Agreement. If the detail is not sufficient in the City Manager's reasonable discretion
to permit the City to determine the Services performed or the manner in which it is being
performed, the City may seek more detail from the Contractor.
2.4 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
COMPENSATION PAYMENT TERMS
3.1 Compensation. For the performance and full completion of the Services
specified herein, City agrees to pay Contractor a total amount of $ 24,000.00. Full
payment shall be made by the City to the Contractor prior to the display upon receipt of a
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc,
Page 3 of 10
proper written invoice. There shall be no other compensation due contractor for the
Services provided under this Agreement, unless specifically agreed to by the City in
writing.
3.2 Invoices and Payment Terms. Contractor shall submit to the City detailed
invoices for all Services performed and reimbursable expenses incurred under this
Agreement.
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection. Subject to a right of appeal to the City Commission of the City
Winter Springs, the City Manager shall have authority to reject Services as not
conforming to this Agreement. Prior to the commencement of the 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.
4.2 Services is a Private Undertakine. 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 the 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 an independent contractor, between the City, on one hand, and the
Contractor, during or after the performance of the Services under this Agreement.
4.3 City'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) Arrange for access to public and private property by the Contractor as
necessitated by the Services.
(c) To provide, with the assistance of Contractor, the location of an area at
Central Winds Park which can be considered a "Safe Firing Site".
(d) City agrees to furnish and set up rope lines and other reasonable crowd
control safeguards for the protection of the public and Contractor.
(e) City agrees to furnish ample police presence to provide crowd control for
the protection of the public and Contractor.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 4 of 10
ARTICLE 5
SUBCONTRACTS; ASSIGNMENT
5.1 Assienment and Subcontractine. 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 of the 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.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governine Law: Venue. The Contract shall be governed by the law of the
State of Florida. Venue of all disputes shall be properly placed in Seminole County,
Florida. The parties agree that the Agreement was consummated in Seminole 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 Representative. The Contractor shall be 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:
3rd of July fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 5 of 10
TO THE CITY:
Mr. Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
(407) 327-5957 (Phone)
(407) 327-6686 (Fax)
wlcopy to:
Anthony A. Garganese
City Attorney
Brown, Salzman & Weiss, & Garganese, P .A.
225 E. Robinson S1., Ste. 660
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566 (Phone)
(407) 425-9596 (Fax)
TO THE CONTRACTOR:
Stephen J. Vitale
S. Vitale Pyrotechnic Industries, Inc.
DIBIA Pyrotecnico of Florida
302 Wilson Road
P.O. Box 149
New Castle, P A 16103
(877) 924-0102 (Phone)
(770) 924-2646 (Fax)
Notice shall be deemed to have been given and received on the date the notice is
physically received if given by hand delivery, or if notice is given by first class U.S. mail,
postage prepaid, then notice shall be deemed 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. It is hereby specifically agreed that any record, document,
computerized, information and program, audio or video tape, photograph, or other
writing of the Contractor related, directly or indirectly, to this Agreement, may be
deemed to be a Public Record whether in the possession or control of the City or the
Contractor. Said record, document, computerized information and program, audio or
video tape, photograph, or other writing of the Contractor is subject to the provisions of
Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City. Upon request by the City, the Contractor shall promptly supply
copies of said public records of the City. All books, cards, registers, receipts, documents,
and other papers in connection with this Agreement shall at any and all reasonable times
3rd of July fireworks Display Contract
City of Winter Springs - S, Vitale Pyrotechnic Industries, Inc,
Page 6 of 10
during the normal working hours of the Contractor be open and freely exhibited to the
City for the purpose of examination and/or audit.
6.5 Interpretation. Both the City and the Contractor have participated in the
drafting of all parts of this 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 Al!reement. Modifications or changes in this Agreement must
be in writing and executed by the parties bound to this Agreement.
6.7 Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed
from this Contract, and this Contract shall be read as if said illegal, unenforceable, or
unconstitutional word, sentence, or paragraph did not exist.
6.8 Additional Assurances. The Contractor certifies that:
(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
governmental 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 under 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 Al!reement. 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.
3rd of July fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc,
Page 7 of 10
6.11 Soverei2n Immunitv. Nothing contained in 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 regarding the City's potential liability under state
or federal law.
ARTICLE 7
TIME
7.1 Time is the Essence. The Contractor acknowledges and agrees that time is of
the essence for the completion of the Services to be performed under this Agreement.
ARTICLE 8
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
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 Liabilitv/Malpractice General Liabilitv. Upon the effective date
of this Agreement, Contractor shall submit proof of general liability insurance to cover
claims for general liability because of bodily injury 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.
8.3 Insurance Requirements. 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 changed or renewal refused until at
least thirty (30) days' prior written notice has been given to the City and the Contractor
by certified maiI, 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. All
insurance policies or coverage's required to be maintained by Contractor under this
Agreement shall be "no deductible" policies and coverage's. For all Services performed
pursuant to this Agreement, the Contractor shall continuously maintain such insurance in
the amounts, type, and quality as required by Sections 8.1 and 8.2. In the event
Contractor fails to maintain said insurance, City, at its option, may elect to terminate this
Agreement without penalty by written notice to Contractor.
3rd of July fireworks Display Contract
City of Winter Springs - S, Vitale Pyrotechnic Industries, Inc.
Page 8 of IO
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 harmless the City and its employees, officers, and attorneys form and against all
claims, losses, damages, personal injuries (including but not 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 claims 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 it 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 performing 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
TERMINATION OF THE CONTRACT
9.1 Termination Bv City. The City may terminate this Agreement for convenience,
at any time, without pen~lty, 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
contract price as provided in paragraph 3.1 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 Termination bv Contractor. With at least five (5) days written notice to the
City, Contractor may terminate this Agreement if the City Fails to make any payment of
compensation due Contractor under this Agreement.
9.3 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right
to later claim a failure to perform on the part of the Contractor.
3rd of July fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 9 of 10
ARTICLE 10
TERM OF AGREEMENT
10.1 Term. The term of this Agreement shall commence upon full execution of this
Agreement by the parties and end at such time Contractor has fully performed all the
Services required by this Agreement to the complete satisfaction of the City.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be
executed by their duly authorized representatives as of the date first written above.
CITY:
CITY OF WINTER SPRINGS, FLORIDA
WITNESSES
By:
Ronald W. McLemore
Title: City Manager
Print Name:
Print Name:
Dated:
CONTRACTOR:
WITNESSES
S. Vitale Pyrotechnic Industries, Inc.
DIBI A Pyrotecnico of Florida
Print Name:
By:
Title:
Print Name:
Dated:
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 10 of 10
Date: April 25, 2005
The following Agreement (part of Consent
"201") is partially executed and has been
forwarded to the Department Director for the
other party's signature
ATTACHMENT #4
CITY OF WINTER SPRINGS
3RD of JULY FIREWORKS DISPLAY CONTRACT
THIS AGREEMENT is made this, _ day of , 2005 by and
between the CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal
Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida
("City") and S. Vitale Pyrotechnic Industries, Inc., a Pennsylvania Corporation
DIBI AlPyrotenico of Florida; 302 Wilson Road, New Castle, P A 16103 ("Contractor").
RECITALS:
WHEREAS, the Contractor desires to provide to the City certain services under
the terms and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other
good, and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
ARTICLE I
GENERAL PROVISIONS
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 amended from time to time, 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.
(c) "Contractor" shall mean S. Vitale Pyrotechnic Industries, Inc, DIBIA
Pyrotecnico of Florida, LLC of Tampa, its agents, employees and
contractors thereof.
(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 to into effect. The Agreement shall not be effective against any party
until said date.
(e) "Public Record" is as described in Section 119.011(1), Florida Statutes.
(f) "Services" shall include the performance of the Services outlined III
Article 2 of this Agreement.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc,
Page 1 of 10
1.2 En2a!!ement. 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 incorporated in this Agreement.
1.3 Due Dili!!ence. The Contractor acknowledges that it has investigated prior to
execution of the 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 to complete the Services within the time set forth herein. The
Contractor warrants unto the City that it has the competence and abilities to carefully and
faithfully complete the Services within the time set forth. The Contractor will perform it
Services with due and reasonable diligence consistent with sound professional practices.
ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of Services. The Services to be performed under this Agreement are as
follows:
(a) Contractor agrees to furnish the City an outdoor public exhibition of
pyrotechnics (a1k1a fireworks display) in a manner which is traditionally
seen throughout the United States of America on the 3rd of July. The
exhibition shall be at Central Winds Park on the lakefront on the evening
of July 3, 2005 at 9:00 P.M. 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 necessary for exhibition of pyrotechnics The exhibition shall
last approximately thirty (30) minutes and shall contain a minimum of
4,648 fireworks shells and effects, the size and type of which shall be as
specifically described in Exhibit "A", attached hereto and incorporated
herein. The exhibition shall be coordinated with a musical score which
shall be played simultaneously with the exhibition of pyrotechnics. The
score will be suitable for a traditional 4th of July fireworks event.
(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 to provide and operate a computer firing system and
musical score produced by Steven Amedeo, no longer than June 10, 2005.
Contractor will review and coordinate musical score with City Equipment
Contractor.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 2 of 10
(f) Contractor agrees that, in the event ofrain or inclement weather, a
postponement may be made by the City, at its discretion, the rain date will
take place on July 4,2005. Any additional reasonable and actual out-of-
pocket expenses that are incurred by the Contractor due to the
postponement may be added to the original contract price upon advance
approval of the City provided, however, the total of such additional
expenses shall not exceed ten (10%) percent of contract price.
(g) Contractor may cancel or delay the start or completion of the fireworks
display if in its professional opinion to continue the display would violate
any laws of any governing bodies or pose any threat to human life, limb,
or property, such as high winds, hazards in the firing area, and
unauthorized persons entering the firing area. If Contractor cancels the
display, in its professional judgment, the display shall be shown at a later
date in accordance with the terms of this Agreement.
(h) Contractor agrees, at its expense, to procure any and all permits or licenses
that may be required by governmental authorities.
2.2 Professionalism. The Contractor shall do, perform and carry out III a
professional manner all Services required to be performed by this Agreement.
2.3 Submittal of Proeress Reports. Upon request by the City, Contractor shall
submit a written progress report as to the status of all Services set forth in the Agreement.
The report shall in a sufficient manner demonstrate what services were performed under
this Agreement. Ifthe detail is not sufficient in the City Manager's reasonable discretion
to permit the City to determine the Services performed or the manner in which it is being
performed, the City may seek more detail from the Contractor.
2.4 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
COMPENSATION PAYMENT TERMS
3.1 Compensation. For the performance and full completion of the Services
specified herein, City agrees to pay Contractor a total amount of $ 24,000.00. Full
payment shall be made by the City to the Contractor prior to the display upon receipt of a
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 3 of 10
proper written invoice. There shall be no other compensation due contractor for the
Services provided under this Agreement, unless specifically agreed to by the City in
writing.
3.2 Invoices and Payment Terms.
invoices for all Services performed and
Agreement.
Contractor shall submit to the City detailed
reimbursable expenses incurred under this
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection. Subject to a right of appeal to the City Commission of the City
Winter Springs, the City Manager shall have authority to reject Services as not
conforming to this Agreement. Prior to the commencement of the 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.
4.2 Services is a Private Undertakin2. 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 the 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 an independent contractor, between the City, on one hand, and the
Contractor, during or after the performance of the Services under this Agreement.
4.3 City'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) Arrange for access to public and private property by the Contractor as
necessitated by the Services.
(c) To provide, with the assistance of Contractor, the location of an area at
Central Winds Park which can be considered a "Safe Firing Site".
(d) City agrees to furnish and set up rope lines and other reasonable crowd
control safeguards for the protection of the public and Contractor.
(e) City agrees to furnish ample police presence to provide crowd control for
the protection of the public and Contractor.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 4 of 10
ARTICLE 5
SUBCONTRACTS; ASSIGNMENT
5.1 Assi2nment and Subcontractin2. 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 of the 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.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governin2 Law: Venue. The Contract shall be governed by the law of the
State of Florida. Venue of all disputes shall be properly placed in Seminole County,
Florida. The parties agree that the Agreement was consummated in Seminole 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 Representative. The Contractor shall be 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:
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 5 of 10
TO THE CITY:
Mr. Ronald W. McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
(407) 327-5957 (Phone)
(407) 327-6686 (Fax)
wlcopy to:
Anthony A. Garganese
City Attorney
Brown, Salzman & Weiss, & Garganese, P.A.
225 E. Robinson St., Ste. 660
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566 (Phone)
(407) 425-9596 (Fax)
TO THE CONTRACTOR:
Stephen J. Vitale
S. Vitale Pyrotechnic Industries, Inc.
DIBI A Pyrotecnico of Florida
302 Wilson Road
P.O. Box 149
New Castle, P A 16103
(877) 924-0 I 02 (Phone)
(770) 924-2646 (Fax)
Notice shall be deemed to have been given and received on the date the notice is
physically received if given by hand delivery, or if notice is given by first class U.S. mail,
postage prepaid, then notice shall be deemed 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. It is hereby specifically agreed that any record, document,
computerized, information and program, audio or video tape, photograph, or other
writing of the Contractor related, directly or indirectly, to this Agreement, may be
deemed to be a Public Record whether in the possession or control of the City or the
Contractor. Said record, document, computerized information and program, audio or
video tape, photograph, or other writing of the Contractor is subject to the provisions of
Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City. Upon request by the City, the Contractor shall promptly supply
copies of said public records of the City. All books, cards, registers, receipts, documents,
and other papers in connection with this Agreement shall at any and all reasonable times
3rd of July fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc,
Page 6 of 10
during the normal working hours of the Contractor be open and freely exhibited to the
City for the purpose of examination andlor audit.
6.5 Interpretation. Both the City and the Contractor have participated in the
drafting of all parts of this 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 Aereement. Modifications or changes in this Agreement must
be in writing and executed by the parties bound to this Agreement.
6.7 Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed
from this Contract, and this Contract shall be read as if said illegal, unenforceable, or
unconstitutional word, sentence, or paragraph did not exist.
6.8 Additional Assurances. The Contractor certifies that:
(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
governmental 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 under 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 Aereement. 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.
3rd of July Fireworks Display Contract
City of Winter Springs - S, Vitale Pyrotechnic Industries, Inc.
Page 7 of 10
6.11 Soverei2n Immunity. Nothing contained in 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 regarding the City's potential liability under state
or federal law.
ARTICLE 7
TIME
7.1 Time is the Essence. The Contractor acknowledges and agrees that time is of
the essence for the completion of the Services to be performed under this Agreement.
ARTICLE 8
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
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 LiabilitvlMalpractice 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 injury 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.
8.3 Insurance Requirements. 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 changed or renewal refused until at
least thirty (30) days' prior written notice has been given to 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. All
insurance policies or coverage's required to be maintained by Contractor under this
Agreement shall be "no deductible" policies and coverage's. For all Services performed
pursuant to this Agreement, the Contractor shall continuously maintain such insurance in
the amounts, type, and quality as required by Sections 8.1 and 8.2. In the event
Contractor fails to maintain said insurance, City, at its option, may elect to terminate this
Agreement without penalty by written notice to Contractor.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc,
Page 8 of 10
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 harmless the City and its employees, officers, and attorneys form and against all
claims, losses, damages, personal injuries (including but not 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 claims 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 it 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 performing 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
TERMINATION OF THE CONTRACT
9.1 Termination Bv City. 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
contract price as provided in paragraph 3.1 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 Termination bv Contractor. With at least five (5) days written notice to the
City, Contractor may terminate this Agreement if the City Fails to make any payment of
compensation due Contractor under this Agreement.
9.3 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right
to later claim a failure to perform on the part of the Contractor.
3rd of July fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 9 of 10
ARTICLE 10
TERM OF AGREEMENT
10.1 Term. The term of this Agreement shall commence upon full execution of this
Agreement by the parties and end at such time Contractor has fully performed all the
Services required by this Agreement to the complete satisfaction of the City.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be
executed by their duly authorized representatives as of the date first written above.
WITNESSES
J~~
Print\ ame:J"nH..~ p~ \ \~cL"o
\
j
PrintNam '~~l-D~~ ~~
CITY:
CITY OF WINTER SPRINGS, FLORIDA
~~./ ~ ~,
By: .~'.?v~_ --j~. ~/
Ronald W. McLemore
Title: City Manager
Dated:
CONTRACTOR:
WITNESSES
S. Vitale Pyrotechnic Industries, Inc.
DIBI A Pyrotecnico of Florida
Print Name:
By:
Title:
Print Name:
Dated:
3rd of July Fireworks Display Contract
City of Winter Springs - S, Vitale Pyrotechnic Industries, Inc.
Page 10 of 10
ATTACHMENT #4
CITY OF WINTER SPRINGS
3RD of JULY FIREWORKS DISPLAY CONTRACT
THIS AGREEMENT is made this, ib... day of 1Il/lJ"., , 2005 by and
between the CITY OF WINTER SPRINGS, FLO~da Municipal
Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida
("City") and S. Vitale Pyrotechnic Industries, Inc., a Pennsylvania Corporation
D/B/A/Pyrotenico of Florida; 302 Wilson Road, New Castle, PA 16103 ("Contractor").
RECITALS:
WHEREAS, the Contractor desires to provide to the City certain services under
the terms and conditions set forth in this Agreement.
IN CONSIDERATION of the mutual covenants and provisions hereof, and other
good, and valuable considerations, the receipt and sufficiency all or which is hereby
acknowledged, the parties desiring to be legally bound do hereby agree as follows:
ARTICLE I
GENERAL PROVISIONS
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 amended from time to time, 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.
(c) "Contractor" shall mean S. Vitale Pyrotechnic Industries, Inc, D/B/A
Pyrotecnico of Florida, LLC of Tampa, its agents, employees and
contractors thereof.
(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 to into effect. The Agreement shall not be effective against any party
until said date.
(e) "Public Record" is as described in Section 119.011(1), Florida Statutes.
(f) "Services" shall include the performance of the Services outlined In
Article 2 of this Agreement.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 1 of 10
1.2 En!!a!!ement. 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 incorporated in this Agreement.
1.3 Due DiIi!!ence. The Contractor acknowledges that it has investigated prior to
execution of the 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 to complete the Services within the time set forth herein. The
Contractor warrants unto the City that it has the competence and abilities to carefully and
faithfully complete the Services within the time set forth. The Contractor will perform it
Services with due and reasonable diligence consistent with sound professional practices.
ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of Services. The Services to be performed under this Agreement are as
follows:
(a) Contractor agrees to furnish the City an outdoor public exhibition of
pyrotechnics (alk/a fireworks display) in a manner which is traditionally
seen throughout the United States of America on the 3rd of July. The
exhibition shall be at Central Winds Park on the lakefront on the evening
of July 3, 2005 at 9:00 P.M. 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 necessary for exhibition of pyrotechnics The exhibition shall
last approximately thirty (30) minutes and shall contain a minimum of
4,648 fireworks shells and effects, the size and type of which shall be as
specifically described in Exhibit "A", attached hereto and incorporated
herein. The exhibition shall be coordinated with a musical score which
shall be played simultaneously with the exhibition of pyrotechnics. The
score will be suitable for a traditional 4th of July fireworks event.
(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 to provide and operate a computer firing system and
musical score produced by Steven Amedeo, no longer than June 10,2005.
Contractor will review and coordinate musical score with City Equipment
Contractor.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 2 of 10
(f) Contractor agrees that, in the event ofrain or inclement weather, a
postponement may be made by the City, at its discretion, the rain date will
take place on July 4,2005. Any additional reasonable and actual out-of-
pocket expenses that are incurred by the Contractor due to the
postponement may be added to the original contract price upon advance
approval of the City provided, however, the total of such additional
expenses shall not exceed ten (10%) percent of contract price.
(g) Contractor may cancel or delay the start or completion of the fireworks
display if in its professional opinion to continue the display would violate
any laws of any governing bodies or pose any threat to human life, limb,
or property, such as high winds, hazards in the firing area, and
unauthorized persons entering the firing area. If Contractor cancels the
display, in its professional judgment, the display shall be shown at a later
date in accordance with the terms of this Agreement.
(h) Contractor agrees, at its expense, to procure 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 Submittal of Proe:ress Reports. Upon request by the City, Contractor shall
submit a written progress report as to the status of all Services set forth in the Agreement.
The report shall in a sufficient manner demonstrate what services were performed under
this Agreement. If the detail is not sufficient in the City Manager's reasonable discretion
to permit the City to determine the Services performed or the manner in which it is being
performed, the City may seek more detail from the Contractor.
2.4 Warrantv 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
COMPENSATION PAYMENT TERMS
3.1 Compensation. For the performance and full completion of the Services
specified herein, City agrees to pay Contractor a total amount of $ 24,000.00. Full
payment shall be made by the City to the Contractor prior to the display upon receipt of a
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 3 of 10
proper written invoice. There shall be no other compensation due contractor for the
Services provided under this Agreement, unless specifically agreed to by the City in
writing.
3.2 Invoices and Payment Terms. Contractor shall submit to the City detailed
invoices for all Services performed and reimbursable expenses incurred under this
Agreement.
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection. Subject to a right of appeal to the City Commission of the City
Winter Springs, the City Manager shall have authority to reject Services as not
conforming to this Agreement. Prior to the commencement of the 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.
4.2 Services is a Private Undertakine:. 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 the 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 an independent contractor, between the City, on one hand, and the
Contractor, during or after the performance of the Services under this Agreement.
4.3 City'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) Arrange for access to public and private property by the Contractor as
necessitated by the Services.
(c) To provide, with the assistance of Contractor, the location of an area at
Central Winds Park which can be considered a "Safe Firing Site".
(d) City agrees to furnish and set up rope lines and other reasonable crowd
control safeguards for the protection of the public and Contractor.
(e) City agrees to furnish ample police presence to provide crowd control for
the protection of the public and Contractor.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 4 of 10
ARTICLE 5
SUBCONTRACTS; ASSIGNMENT
5.1 Assienment and Subcontractine. 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 of the 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.
ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governine Law: Venue. The Contract shall be governed by the law of the
State of Florida. Venue of all disputes shall be properly placed in Seminole County,
Florida. The parties agree that the Agreement was consummated in Seminole 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 Representative. The Contractor shall be 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:
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 5 of 10
TO THE CITY:
Mr. Ronald W. McLemore
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
Brown, Salzman & Weiss, & Garganese, P.A.
225 E. Robinson St., Ste. 660
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566 (Phone)
(407) 425-9596 (Fax)
TO THE CONTRACTOR:
Stephen J. Vitale
S. Vitale Pyrotechnic Industries, Inc.
D/B/A Pyrotecnico of Florida
302 Wilson Road
P.O. Box 149
New Castle, PA 16103
(877) 924-0102 (Phone)
(770) 924-2646 (Fax)
Notice shall be deemed to have been given and received on the date the notice is
physically received if given by hand delivery, or if notice is given by first class U.S. mail,
postage prepaid, then notice shall be deemed 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. It is hereby specifically agreed that any record, document,
computerized, information and program, audio or video tape, photograph, or other
writing of the Contractor related, directly or indirectly, to this Agreement, may be
deemed to be a Public Record whether in the possession or control of the City or the
Contractor. Said record, document, computerized information and program, audio or
video tape, photograph, or other writing of the Contractor is subject to the provisions of
Chapter 119, Florida Statutes, and may not be destroyed without the specific written
approval of the City. Upon request by the City, the Contractor shall promptly supply
copies of said public records of the City. All books, cards, registers, receipts, documents,
and other papers in connection with this Agreement shall at any and all reasonable times
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 6 of 10
during the normal working hours of the Contractor be open and freely exhibited to the
City for the purpose of examination and/or audit.
6.5 Interpretation. Both the City and the Contractor have participated in the
drafting of all parts of this 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 Aereement. Modifications or changes in this Agreement must
be in writing and executed by the parties bound to this Agreement.
6.7 Severability. If a word, sentence, or paragraph herein shall be declared illegal,
unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed
from this Contract, and this Contract shall be read as if said illegal, unenforceable, or
unconstitutional word, sentence, or paragraph did not exist.
6.8 Additional Assurances. The Contractor certifies that:
(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
governmental 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 under 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 Attornev'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 Aereement. 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.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 7 of 10
6.11 Sovereie:n Immunitv. Nothing contained in 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 regarding the City's potential liability under state
or federal law.
ARTICLE 7
TIME
7.1 Time is the Essence. The Contractor acknowledges and agrees that time is of
the essence for the completion of the Services to be performed under this Agreement.
ARTICLE 8
PROTECTION OF PERSONS AND PROPERTY: INSURANCE
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 Liabilitv/Malpractice General Liabilitv. Upon the effective date
of this Agreement, Contractor shall submit proof of general liability insurance to cover
claims for general liability because of bodily injury 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.
8.3 Insurance Requirements. 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 changed or renewal refused until at
least thirty (30) days' prior written notice has been given to 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. All
insurance policies or coverage's required to be maintained by Contractor under this
Agreement shall be "no deductible" policies and coverage's. For all Services performed
pursuant to this Agreement, the Contractor shall continuously maintain such insurance in
the amounts, type, and quality as required by Sections 8.1 and 8.2. In the event
Contractor fails to maintain said insurance, City, at its option, may elect to terminate this
Agreement without penalty by written notice to Contractor.
3'd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 8 of 10
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 harmless the City and its employees, officers, and attorneys form and against all
claims, losses, damages, personal injuries (including but not 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 claims 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 it 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 performing 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
TERMINATION OF THE CONTRACT
9.1 Termination Bv City. 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
contract price as provided in paragraph 3.1 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 Termination bv Contractor. With at least five (5) days written notice to the
City, Contractor may terminate this Agreement if the City Fails to make any payment of
compensation due Contractor under this Agreement.
9.3 Waiver. Failure of the City to insist upon performance within any time period or
upon a proper level or quality of performance shall not act as a waiver of the City's right
to later claim a failure to perform on the part of the Contractor.
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 9 of 10
ARTICLE 10
TERM OF AGREEMENT
10.1 Term. The term of this Agreement shall commence upon full execution of this
Agreement by the parties and end at such time Contractor has fully performed all the
Services required by this Agreement to the complete satisfaction of the City.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be
executed by their duly authorized representatives as of the date first written above.
WITNESSES
'1
cf~~
Print\Name:J~ n \ t.. ~ p~ \ \c;.cL~ 0
\
CITY:
CITY OF WINTER SPRINGS, 'FLORIDA
/7 4/ ., ,LJ---)
By: ~"-,....., ?:c/. -1,t~___----
Ronald W. McLemore
Title: City Manager
//
PrintNam .~~b~... ~
Dated:
CONTRACTOR:
Print Name:
rotechnic Industries, Inc.
tecnico of Florida
WITNESSES
1&n PdwJ
Print Name: tInt feW
Dated: S-f;){} S-
3rd of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 10 of 10
ALLIED SPECIALTY INSURANCE OF TEXAS
85 NE LOOP 410, SUITE 600( SAN ANTONIO, TEXAS 78216
210-34].-1321
Cei tif 1;...;21 Lt::' Nu/libei; .J,)1
CERTIFICATE OF INSURANCE
FIREWORKS DISPLAY
NAKE & ADDRESS OF INSURED:
Pyrotecnico of Floiidd LLC
P. tJ. gLJ:'~ 310
New Castle, PA 16103
ADDITIONAL INSURED: City of Winter Springs
and additional event sponsors
PRIKARY COVERAGE
EXCESS COVERAGE
EXCESS COVERAGE
COKPANY: T.H.E. InsL(lance
Company
T.H.E. Insurance
Company
T.H.E. Insurance
Company
POLICY NO.: M4MT5086
LIABILITY LIKIT:
BI/PD OCC: $1.000.000
AGG: $1.~00.~00
M4XT5087
t'HXT5088
$1, 000. 000
Excess of
$1.000,000
$0
$8,000.000
Excess of
$2,000,000
$0
Class B
Products: $1.000.000
POLICY PERIOD:
From: 12/31/04
To: 12/31/05
12/31/04 12/31/04
12/31/05 12/31/05
~ - COMBINED SINGLE LIMIT
In the event of any material change in, Oi cancellation of said policf{ies),
the Company will endeavor to give written notice to the party whom thls
certificate is issued, but fallure to give such notice shall impose no
liability 01 obligation upon the company.
NAKE & ADDRESS OF CERTIFICATE HOLDER:
City of Winter Springs
1126 East State Street
Winter Springs, FL 32708
DATE OF DISPLAY: July 3, 2005
RAIN DATE:
DISPLAY AKOUNT: $ Z4,UUU.UU
LOCATION OF
DISPLA Y: Winter Springs
It is a condition of the polict that all displays be r~ported to tile Company
at least 24 hours in advance or the di~play ~ate.
This certificate neithel" affirmatively nor ~egatively amends, extends or
alters the coverage afforded by the policf{les) described hereon. NOTE: In the
event that rain or inclement weather prohlbits this displaft coverage will
apply on a subsequent dat...e on which the display' is held, wlthin the terms of
the pulicf contract. Cleanup and policing of the display are the
responsibllity of the 3~onsors.
The following are additlonal insureds: any fair or exhibition, association,
sponsoring or~anization or committee, the owner or lessee of any premises used
by the Named ~nsured,ur any public authority granting a permit to the Named
Insured, but only as respects accidents arising out of the negligence of the
Named Insured or the Named Insured's emRloyees acting in the course and scope
of thE.ii.- elllplc,yme:n t. Also, as addi liolla... Named Insu.c ed, any Independent
ContrsGtor who fires the display on behalf of the Named Insured.
This inSUiance does not apply to any failure to police or cleanup the display,
or liability arising there from.
C9verage. unde~ the po.li~y is G911ditioned ~pon full.co~pliance by all insureds
wlth all appllcable Natlonal Flle Protectlon Assoclsllon CNFPA) codes and
slaudald8 ill effecl at the time of the display.
This certificate is not valid unless an original signature appears beloy.
(Copies Not Valid. )
De~ember 17. 2004
DATE OF CERTIFICATE ISSUANCE
/"""'j
L({~~rJ2 b;2/lc)'-t: C
I AUTHORIZED ,:SiGNATURE
A ALLIED SPECIALTY INSURANCE, INC.
**** SALES ORDER ****
Pyrotecnico of Florida, LLC
P.O. Box 310
New Castle, PA 16103
(724) 652-9555
SOLD TO:
City of Winter Springs
1126 East State Street
Winter Springs FL 32708
CONFIRM TO:
Mr. Chuck Pula
SHIP VIA P.O.
:TEM NO.
UNIT ORDERED
1M
1 - Special Aerial Display
F.O.B
SHIPPED
Show Date: July 3, 2005
PAGE: 1
ORDER NUMBER: FL52019
ORDER DATE: 05/11/05
SALESPERSON: JF
CUSTOMER NO: 01-WNTSPG
SHIP TO:
City of Winter Springs
1126 East State Street
Winter Springs FL 32708
TERMS
NO TERMS
BACK ORD
PRICE
AMOUNT
24,000.00
NET ORDER:
LESS DISCOUNT:
FREIGHT:
SALES TAX:
24,000.00
.00
.00
.00
ORDER TOTAL:
24,000.00
I i
---- ~:-
~,
Bringing the night to light!
May 12, 2005
Mr. Chuck Pula
City of Winter Springs
1126 East State Street
Winter Springs, FL 32708
~2EC IE~~~~
HEADQUARTERS
Dear Mr. Pula:
MA`s 1 8 2005
CI-TY t~F= WINTE=F2 SPRINGS
OFFICE OF ThiE CITY CLARK
Enclosed please find the fully executed contract for the July 3rd, along with the
original insurance certificate for the fireworks display in conjunction with your
event in Winter Springs. Please keep these for your files.
Thank you for your confidence in our products and service it is truly appreciated. It
is an honor to work with you and we realize you have a choice in companies to
provide your fireworks entertainment and we appreciate your confidence in
Pyrotecnico. Thank you for choosing us. Should you have any questions or
concerns please feel free to contact us anytime.
Sincerely,
Pyrotecnico
Kimberly E. Reiber
New Castle, PA
Phone: 1-800-854-4705
1-724-652-9555
Fax: 1-724-652-1288
P.O. Box 149
New Castle, PA 16103
Montgomery, AL
Phone: 1-800-255-1199
1-334-286-4044
Fax: 1-334-286-4037
Atlanta, GA
Phone: 1-877-924-0102
1-770-924-0102
Fax: 1-770-924-2646
New Orleans, LA
Phone: 1-800-783-2513
1-985-893-8800
Fax: 1-985-893-1215
Tampa, FL
Phone: 1-727-857-9766
Fax: 1-727-857-9767
www.pyrotecnico.com
KER