HomeMy WebLinkAboutPyrotecnico of Florida-7/4/2001 Public Event Exhibtion Agreement-2002 06 05
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CITY OF WINTER SPRINGS
4111 of JULY FIREWORKS DISPLA V CONTRACT
THIS AGREEMENT is made thisSHtday of ':rUNE.' ,2002 by and
between tIle CITY OF WINTER SPRINGS, FLORIDA, a Florida Municipal CorrlOration, whose
address is 1126 East State Road 434. Winter Springs, Florida ("City"), and PYROTECNICO of
FWRIDA, L.L.C., d/b/a GREA T SHOW, whose address is P,O. Box 1736, Oldsmar, Florida
34677, ("Contractor").
RECITALS:
WHEREAS. the Contractor desires to provide to the City certain service$ under the tl:rtns
and conditions set fonh in this Agre~ment,
IN CONSlDERA TION of the mutual covenants and provisions hereof, and other good, and
valuable considerations, the receipt and sufficiet\cy all or which is hereby acknowledged, the parties
desiring to be legally bound do hereby agree as follows: '
ARTICLE I
, GENERAI~ PROVISIONS
1.1 Definitions. Fur purposes Of this Agreement, the following terms and word!> shall have
the meaning ascribed to them, unless the context clearly indicates otherwise,
(a) "Agreement" or "Contractl! shall be used interchangeably and shall refer to
this Agreement,a!'\ amended from time to time, which shall constitute
authorization for the Contractor to provide the services state.d here-in to the
City,
(b) "City" is the City ofWint.er Springs, Florida, a Florida Municipal Corporation.
(c) "Contractor" shall mean PYROTECNICO of FLORIDA, L.L,C,. d/b/a
GREAT SHOW andwJy employees, contractors" or agents thereof.
(d) "Effective Datal! ghall be the date on which the last signatory hereto shall
execute this Agreement,and it shall be the date un which this Agreement shall
go into effect. The Agreement shaJl not be effective against any party until said
date.
(e) "Public Record" is as described in S~ction 119.0 II (1), Florida Statutes,
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(f) "Services" shall include the performance of the Services outlined in Article 2
of this Agreement.
1.2 Engal:ement, The City herehy engages the Contractor and the Contractor agrees to
perrorm the Service$ outlined in this Agreement for the stated fee arrangement. No prior or present
agreements or representations shall be bindtng upon any of the parties hereto unless incorporated in
this Agreement, .
1.3 Due DiU;ence. The Contractor acknowledges that it hils investigated prior to execution
of this Agreement and satisfied itself all to t.he conditions affecting the Services, the avnilnbility of
materials and labor, the cost thereof, the requirements to oblllin necessary insurance and coordinate
with utilities as set forth herein, and the steps necessary to complete the Services within the time set
forth herein, The Contractor warrants unto the City that it has the competence and abilities to
carefully and faithfully complcte the Services within the time set furth, The Contractor will perform
its Services with due and reasonable diligence consistent with sound professional practices,
ARTICLE 2
DESCRIPTION OF SERVICES TO 8~ PERFORMED
2,1 Scone ofServites. The Services to be performed under this Agreement !ire as follows:
(d)
(a)
Contractor agrc:es to furnish the City an outdoor public exhibition of
pyrotechnics (a/k/a fireworks display) in a manner which is t.raditionally seen
throughout the United States of America on the 4111 of July, The exhibition
shall be at Central Winds Park on the Jake front on the evening of July 4, 2001
at. 9:00 P ,M, The specific areas for staging shall be at location~ 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 IlS~t'
approximately thirty (30) minutes and shall contain a minimum of 3)15
fireworks shells and effects, The exhihition shall be coordinated with a musical
score which shall be played simultanco'Usly 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,
Contractor agrees to pay all traveling and other expenses of pyrotechnist and
assistants, which may be necessary for exhibition of pyrotechnics,
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(e) Contractor agrees to meet with a City Representative at Centr~1 Winds Park
approximately one (1) week before the schedule display, at which time
Contractor will mark the location of the fireworks trench line, On the morning
ofJuly 3,2002 the City will obtain a 3 to 4" trenching machine, at its sole cost
and expense, and a City employee will dig a trench along the marked linel with
the supervision of an employee of the Contractor. ContractorwiJl then'provide
a crew of workers, at its sole cost and expense, to dig the trench line out to the
appropriate width,
(f) Contractor agrees thllt' in the event of rain or inclement weather, a
postponement may be made by the City, at its discretion, to a date to be
determined by City, provided such date will not be more than twenty-one (2 I)
days following July 4.,2002. Any additional reasonable and actual out;,ofa
pocket expenses that are incurred by the Contractor due to the postponement
may be added to the original contract price, provided, however, such expenses
:'lhall not exceed twenty (20%) percent of contract price,
(I) Contractor may cancel or delay the start or completion of the fireworks display
ifin its profe$sional opinion, to continue the display would violate any laws of
any governing bodies ur pose any threat to human life, linib, or property, such
as high winds, hazards in the firing area, and unauthorized persons entering the
firing area. TfContractor carlCels the display, in its professional judgment. the
display shall be shown at a later date as provided in subparagraph (e) above.
(h) City agrees to furnish and set up rope lines and other reasonable crowd control
san~guards for the prOtection of the public and property.
<i) City agrees to furnish ample police; presence to provide crowd control for th~
protection of\he public and Contractor. .
(j) Contractor agrees, at its expense, to procure any and all p~rmi1s or licenses
which maybe required by governmental authorities,
2.2 Professionalism. The Contractor shall do, perform and carry out in a profcs'sional
manner all Services required to be performed by tnis.~reement. .,
2~3 Sub~ittaH ot PrC)gl'e~~ Reports, Upon request by the City, Contractor shall submit a
written progress report as to the status of aJI Services set forth in this Agreement. The report shall
in asufficicnt 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
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Services performed or the manner in which it i!l heing perfonned; the City may seek more detail from
tne Contractor.
1
2,4 Warranty of Prnfe~sio"al Se,rvices, 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 its best skill and attention and shall enforce strict discipline and good order among its
employees and agents, The Contractor shall comply with all Jaws, ordinances, rules, regulations, and
lawful orders of any public authority hearing on the performance of the Services. The Contractor shall
pay aU taxes, fees. license fees required by law, including but not limited to occupational fees and
withh.olding taxes and assume all costs incident to the Servic~lS, except as provided herein.
ARTICLE 3
COMPENSATION. PAYMENT TERMS
3,' Compensation. For the performance and full completion of the Services specified herein,
City agrees to pay Contractor a total amount of$13,500,OO. Full payment shall be made by the City
to the Contractor prior to the display upon receipt ofa proper written invoice, There shall be no other
ct)Ttlpensation due Contractor for the Services provided under this Agreement, unless specifically
agreed to by the City in writing,
3.2 IIIv()iUS aUld Payment Terms. Contractor shall submit to the City detailed invoius for
all Services perRml1~d and reimbursable expenses incurred under this Agreement.
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.' City Inspection, Subject to a right of appeal to the City Commission of the City of
Wint~f Springs, the City Manager shall have authority to reject Services as not conforming to this
Agreement. Prior to the commencement ofthe exhibition ofthe pyrotechnics, the City shall have the
right to inspect the fireworks to determine that thc'display is ready for public exhibition as required
hereunder .
4,2 Servius 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 the Cont.ractor is such that the Contractor is an
independent contractor Ilnd not an agent ofthe City. The Contractor is an independent contractor and ,
not an 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. .
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4.3 City's Res~nsibiJitie5. The City shall cooperate with the Contractor by:
(a) Designating a person with authority to act on (he City's behalf on all matters
concerning the Services being provided hereunder;
(b) Arrange for access to public llnd private property by the Contractor aR
necessitated by the Services.
(c) To provide, with the assistance of Contractor , the location of an area at Central
Wind~ 'Park: which can be considered a "Safe firing Site".
(d) To coordinate with the Contractor to provide tor a Fireworks Trench a'l
provided in Section 2. t of this Agreement.
(e) Providing a musical score, produced by event contractor, Cox Radio, Inc., no
later than June 15; 2002.
ARTICLE 5
SUBCONTRACTS; ASSIGNMENT
5.1 AssjVfiment and Sub(OJitractine. .Unless otherwise specifically required by this
Agreement. the Contractor shall not assign, sublet, or transfer any rights or Services under or interest
in (including} but without limitations, moneys that may become due) this Agreement without the
written consent. ofthe City, except to the extent that any assignment, sublet, or transfer is mandated
by law or the effect of this limitation may be rcstrjctcd by law. Unless speciti~lIy stated to th~
cuntrary in any written consent to any assignment, no assignment will release or discharge the assignor
from allY duty or responsibility under this Agreement. Furth.er, 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 for the sole and exclusive benefit of the City and the Contractor and nut fur the benefit of any other
party.
5.1 Any com caused by defective or ill-tinled Services shall be borne by the pany responsible
thcretor,
. ARTICLE 6
MISCELLANEOUS P,ROVISJONS
6.1 Governina Lnw. Venue. This 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
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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 win be Orlando.
Florida.
6.2 Contractor's Representative. The Contractor shall designate an individual to act as a
representative for the Contractor under this Agreement with the authority to transmit instructions,
receive information, and make or interpret. the Contractor's decisions. This person shall be the
Contractor's contract administrator. The .Contractor may from time to time de~ignate 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 n:presentative shaH 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 ofany type hereunder shall be given by U.S. mail or by hand
delivery to an individual authorized to receive mail tor the below listed individuals, all to the following
in~fividuals at the following locations:
TO THE CITY:
Mr. Ronald W. McLemore
City Manger .
City of Winter Springs
1126 East State Road 434
Winter Springs, FI. 32708-2799
407-327-5957 (phone)
407-327-6686 (Fax)
TO THE CONTRACTOR:
Randy 1. Pritchard
Pyrotecnico OfFIQrida L.L.C. d/b/a Great Show
P.O, Box 1736
Oldsmar, FL 34677
813-814-9494 (phone)
813-854-2249 (fax)
Notice shaiJ 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 ill the U.S. Mail addressed in
the manner set forth above. Any party hereto by giving notice in the manner set forth herein may
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unilaterally change the name of the person to whom not~ce IS to be given or the address at which notice
is to be received.
6.4 PlJbJic Recor'd. It is hereby specifically agreed that any record, document, computerized
infonnalion and program, audio or video tape, photograph, or other writing of the Contractor related,
directly o( indirectly, to this Agreement, may be deemed to be a Public Record whether in the
possession or control ofthe City or the Contractor. Said record, document. computerized jnformation
and program. audio or video t.ape. photograph, or other writing of the Contractor is subject to the
provisions of Chapter ] ]9, Florida Slatute.,',. and may not be dewuyed without the specific written
a.pproval of the City. Upon request by the City, the' Contractor shall promptly supply copies of said
public records to the City. AJI books, cards, registers, receipts, documents, and other papers in
connection with this Agreement shall at any and all reasonable times during the normal workitlg hours
oflhe Contractor be open and freely exhibited to the City for the purpose of examination and/or audit
6.5 Interotefatiod. Both the City and ~he Contractor have participated in the drafting of aU
parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement
Rhall he interpreted more harshly against either of the parties as the drafter.
6.6 Amenttment of Agreement. Modifications or changes ill this Agreement must be in
writing and executed by t.he parties bound to this Agreement.
6.7 SeverabiUity. 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 Additit,,IIIal A~8...rIt0l;e8. The Contractor certifies that:
(a) No principal (which includes officers, directors, or executive) or individual
holding a pro[essionallicensc'and performing Services under this Agreement
is.presently_debarred. suspended, proposed for debarment. declared ineligible
or voluntarily excl~d_ed 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 professioflallicense and performing Services under this Agreement,
employee, or agent has employed or otherwise provided compensation to, any
employee or officer of the City; and
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(c) No principal (which includes officers. director!!, or executive), individual
holding II 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 het.ween the
patties hereto, the parties agree to bear their own costs and attorney's fees.
6.10 Entire Agreement. This Agreement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representfttionsl or Agreements, either oral
01' written, and all ~;uch matters shall be deemed merged into this Agreement.
6.11 So~trei*-n Im.munity. Nothing contained in this Agreement shull be construed as a
waiver of the City's right to sovereign immunity under Scction 768.28, Norida Statules, or other
limitations imposed regarding the City':! potential liability under state or federal law.
ARTICLE 7
TIME
7.1 Time of the Essence. The Contractor acknowledges and agrees that time is of the
e.c;~ence tor the completion of the Services to be performed under this Agreement.
ARTICLE 8
PROTECTION OF PERSONS AND PROPER1'Y: INSIJRANCE
.
8.1 W()l'ker"s C()rt1nel1satiOll, Upon the effective date of this Agreement; Contractor shall
provide proof of worker'lI compensation insurance in the minimum amount required by law (if
required).
. 8_..~_Pr()ressionlll Lillbill(y/Ma.Dradice and tf~p~tiJl Liability. Upon the effcctiv~g!lte of _..
this Agreement, Contractor shal/submit p~oof 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 limits ofcoveragc
of$1.000,OOO.00 per occurrence.
8.3 InsnrRnc.-e Reauirements. This 'parabrraph shan be applicable to Sections 8. I and 8.2 The
insurance required by this Article shall include the liability and coverage provided herein, or as
required by law, whic.hever requirementsaftord greater CQverage. All ofthe policies ofinsuranc.e so
required to be purchased and maintained for the c.ertificates (or other evidence thereof) shall contain
II provision or endorsement that the coverage afforded will not be canceled, materially changed or
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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. Unle~s 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 carrien: tn fbmish
insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the
expiration dates of such policies, and a statement that no ins~rance under such policies will be canceled
without tbirty.(30) days' prior written notice to the City in compliance with other proyjsiol.1s oftrus
Agreement. 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 tenninate this
Agreement without penalty by written notice to Contractor,
8.4 IlIdemnlfit.ation and Hold Harmless For all Services performed pursuat1tto this
Agreement, the Con~ractor agrees to th.e fullest extent permitted by law, to indemnify and hold
harmless the City and its employees, officers,. and attorneys from 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 actsl 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 aU claims of
[iability and all suits and actions of every name and description that may be brought against the City
or its employees, oftieers, and attorneys which may result from the Services under this Agreement
. whether th.e Services be performed by the Contractor or anyone directly or indirectly employed by
them. In all events the City !lhall be pemiitted to choose legal counsel ofils 901e choice, the fees for
which shall be reasonable and subject t<? R[ldincluded with this indemnification provided herein, Thill
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 ofeare and skill ordinarily exercised. under 3imilar.circuffistances by reputable members of its
profession practicing in the same or similar'locality.
ARTICLE 9
TERMINATION OF THE CONTRACT
. .
. . .
9.l, Termination By City. The City may terminate this Agreement for convenience, at any
timc,without penalty> by providing written noticc.oftermination to Contractor. However, to the
extent Services have been performed by Cormactqr, the City shall pay the Contractor, as' full payment
for all Service!:; performed and all expen!le!l in~utTed, the sums that are actually due and owing to the
Contractor for payment of nil 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
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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 by 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 performaoce shall not act as a waiver of the City's right to later claim a
failure to perform on the part of the Contractor.
ARTICLE 10
TERM OF AGREEMENT
10.1 Tenn. The term of this Agreement shall commence upon full execution of this
Agreement by the parties and end at such time Contractor has fully performod all the Services required
by this Agreement to the complete satisfaction of the City.
[Signatures and Witnesses next page.)
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...
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as ofthe date flrst written above. .
Witnesses
CITY:
CITY OF WINTER SPlUNGS; FLOJUDA
PriM Name:
By:
I?~ f;V'j '~J,,~ ' h
~ .
Ronald W. ~1cJ,..emoie" ..
Print Nllmc: ~
TItle: City Manager
Dated:
(-J {- Q''1
CONTRACTOR:
PYROTECNICO
d/b/a GREAT SHOW
Print Name:
AIJ
~~'1{. lb\u:u
Print me:~' ytl. Un\lL
BY.~~
Title:. nil-A> AGt--fJ-
Dated: 6 J.!I /o-a.
,
..:\I.....,.""'.m.\Ci1y ofWilll.r SprIngolAll.......0Jl1l\4th July Vi.....utkt Agr H-1I1...pd
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