HomeMy WebLinkAbout2008 03 10 Consent 205 Three Year Contract with PyrotechnicsCOMMISSION AGENDA
ITEM 205
Consent X
Informational
Public Hearing
Regular
March 10, 2008 ,~~~ L-- ~\.T
Regular Meeting Mgr. / Dept.
Authorization
REQUEST: The Parks and Recreation Department is requesting the City Commission to
accept the proposal (Bid) of Premier Pyrotechnics and authorize the City
Manager to execute a 3 year contract with the approved proposal for a
fireworks display on July 4, 2008; July 4, 2009; and July 4, 2010.
PURPOSE: The purpose of this agenda item is to obtain Commission Approval to accept
and execute a contract for a fireworks display on July 4, 2008; July 4, 2009;
and July 4, 2010.
CONSIDERATIONS:
• Last year Premier Pyrtotechnics came to Winter Springs and provided a very good
Computer Fired Fireworks Display.
• Proposals were requested for the Winter Springs 4`h of July Display 2008.
• Three (3) Firwork Display Companies submitted proposals.
• Staff has reviewed all proposals and recommends award to Premier Pyrotechnics for
$24,000. The reasons include quality of shells, shell count, experience, and local display
designer and shooter who are very responsive. Premier will produce an even better
Fireworks Display and good Chorography to the music.
Agenda Item Consent 205
March 10, 2008
Page 2
PROPOSER PRICE MAIN SHOW GRAND FINALE TOTAL
SHELL COUNT SHELL COUNT DISPLAY
1 /2" 2" 2 I /2" 3 `• 4" 5" 1 "-2" 2 1 /2" 3" 4 •• 5" 6"
1,500 100 200 275 320 300 500 144 245 32 20 15
PREMIER $ 24,000
PYROTECNICS 2,695
MS TOTAL = 2,695 GF TOTAL = 3,651
2 " 2 1 /2" 3" 4 " 5" 3 „ 4" 5"
$17,500 200 200 300 200 100 200 100 100
ZAMBELLI 1,300
MS TOTAL = 1,000 GF TOTAL = 400
2 " 3" 4" 5 " 6" 3 " 4" 5" 6 " 1
500
CREATIVE $ 25,000 50 668 218 96 18 345 72 24 9 ,
PYROTECHNICS +INCREASES
3% PER YEAR MS TOTAL = 1,050 GF TOTAL = 450
FUNDING:
$24,000 Community Events 7260-54800-90100, Promotional -July 41h
RECOMMENDATIONS:
Authorization of the City Manager to enter into a 3 year contract with Premier Pyrotechnics to
provide Fireworks for July 4, 2008 at a cost of $24,000.
IMPLEMENTATION SCHEDULE:
March, 2008 Execute Contract.
May, 2008 Premier Pyrotechnics checks and marks site and obtain and review
sound track.
July 2 & 3, 2008 Initial Setup.
July 4, 2008 Final Setup, Coordination, Display of Show, and Removal.
ATTACHMENTS:
Attachment #1 Request for Proposals
Attachment #2 4`h of July Fireworks Display Contract
COMMISSION ACTION:
ATTACHMENT 1
REQUEST FOR PROPOSALS
Winter Springs Celebration of Freedom
4th of July Fireworks Display, 2008, 2009, 2010
Proposal Due Date: Tuesday, March 4, 2008
5:00 PM
To: Parks and Recreation
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 4`~' of July fireworks display in
conjunction with its entertainment extravaganza for the year 2008, 2009, and 2010. 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 choreographed 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 of 34,621 residents, located 15 miles northeast of
Orlando in Seminole County, Florida. The City prides itself on its comprehensive park system, and 4`h of July
Celebration from 1999 - 2007 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
1. 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 25 minutes, and a
finale lasting no less than 5 minutes.
3. At a minimum, a total shell count of 1,400 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 of 1,000 shells shall be used, of varying sizes from 2
inches to 5 inches.
5. During the finale of the show, a minimum of 400 shells shall be used, of varying sizes from 2 .inches to
5 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 I Million
dollars.
7. The successful proposer will indicate how they will provide a "World Class" Firework Display for the
City of Winter Springs. This is to include your willingness and how you will work with the City of
Winter Springs staff on the music selection, fireworks effect selection, and coordination to the music.
Staff contact is Chris Carson, Programs and Special Events
Office: 407-327-6593
Cell: 407-474-4453
Email: ccarson(c~r~wintersprin sg fl~org
CITY OF WINTER SPRINGS
2008-2010
4th of JULY FIREWORKS DISPLAY CONTRACT
THIS AGREEMENT is made this, day of , 2007 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 PREMIER PYROTECHNICS, INC., a Missouri Corporation authorized
to transact business in the State of Florida, whose address is PO Box 487, Richland,
Missouri 65556 ("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 Premier Pyrotechnics, Inc., a Missouri
Corporation authorized to transact business in the State of Florida, 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.
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(f) "Services" shall include the performance of the Services outlined in
Article 2 of this Agreement.
1.2 Engagement. The City hereby engages the Contractor and the Contractor agrees
to perform the Services outlined in this Agreement for the stated fee arrangement. No
prior or present agreements or representations shall be binding upon any of the parties
hereto unless incorporated in this Agreement.
1.3 Due Diligence. 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 its
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 (a/k/a fireworks display) in a manner which is traditionally
seen throughout the United States of America, and previously within the
City of Winter Springs, on the 4t" of July. The exhibition shall be at
Central Winds Park on the lakefront on the evening of July 4, 2008, 2009,
and 2010 at 9:00 P.M unless otherwise mutually agreed upon in writing by
the parties due to inclement weather, local public emergencies, or
scheduling conflicts involving the City of Winter Springs. The specific
areas for staging shall be at locations designated by the City and
reasonably approved by Contractor.
(b) Contractor agrees to furnish Services from setup to cleanup. Contractor
shall provide a duly qualified and experienced pyrotechnist, and all labor
necessary for exhibition of pyrotechnics. The exhibition shall be
electronically fired and last approximately thirty (30) minutes and shall
contain a minimum of 1,636 fireworks shells and effects, the size and type
of which shall be as specifically described in Exhibit "A", attached hereto
and incorporated herein. If requested by the City, Contractor and City
may modify Exhibit "A" for each year of this Agreement in order to
expand, decrease, or vary the fireworks display. Any modification of
Exhibit "A" shall require written approval by the City Commission or City
Manager. If the fireworks display is increased or decreased, Contractor
and City agree to negotiate in good faith a reasonable adjustment to the
compensation required hereunder. The exhibition shall be coordinated and
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choreographed with a musical score, which shall be played simultaneously
with the exhibition of pyrotechnics. The score will be suitable for a
traditional 4`h 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 Gary Karpinski or some other person
approved by the City Manager, no later than June 10`" of each year of this
Agreement. Contractor will review and coordinate musical score with
City Equipment Contractor.
(fl Contractor agrees that, 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 the City, provided such date will not be more than ten (10)
calendar days following the date on which the fireworks display was
originally scheduled. 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
Manager 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. To the extent that the
situation reasonably permits without posing any immediate threat to
human life, limb, or property, Contractor shall not delay or cancel the
fireworks display until the City Manager or the person designated pursuant
to paragraph 4.3(a) is first consulted about the possible delay or
cancellation. 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 to check the display area after the fireworks display for
any "duds" or other material that might not have ignited. Any such
material found shall be disposed of as per Federal, State, or local law.
(i) Contractor agrees, at its expense, to procure any and all permits or licenses
that may be required by governmental authorities.
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(j) Contractor shall provide a post display follow-up with the City Manager to
insure that the City's pyrotechnic demands have been met.
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 Progress 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 its best skill and attention and
shall enforce strict discipline and good order among its 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 per 4~" of
July display event. Full payment shall be made by the City to the Contractor after each
display upon receipt of a 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.
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4.2 Services is a Private Undertalcin~. 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, on the other hand, 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) Arranging for access to public and private property by the Contractor as
necessitated by the Services;
(c) Providing, with the assistance of Contractor, the location of an area at
Central Winds Park which can be considered a "Safe Firing Site;"
(d) Agreeing to furnish and set up rope lines and other reasonable crowd
control safeguards for the protection of the public and Contractor; and
(e) Agreeing to furnish ample police presence to provide crowd control for
the protection of the public and Contractor.
ARTICLE 5
SUBCONTRACTS; ASSIGNMENT
5.1 Assignment and Subcontracting. Unless otherwise specifically required by
this Agreement, the Contractor shall not assign, sublet, or transfer any rights of Services
under or interest in (including, but without limitations, moneys that may become due) this
Agreement without the written consent 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.
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ARTICLE 6
MISCELLANEOUS PROVISIONS
6.1 Governing Law: Venue. The Contract shall be governed by the law of the
State of Florida. Venue of all disputes shall be properly placed in 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 Reuresentative. The Contractor shall designate an individual to
act as a representative for the Contractor under this Agreement with the authority to
transmit instructions, receive information, and make or interpret the Contractor's
decisions. This person shall be the Contractor's contract administrator. The Contractor
may from time to time designate other individuals or delete individuals with the authority
to act for the Contractor under this Agreement with the authority to transmit instructions,
receive information, and make or interpret the Contractor's decisions. All deletions or
designation of individuals to serve as a representative shall be given by written notice.
6.3 Notices. All projects hereunder, all notices, demands, requests, instructions,
approvals, and claims shall be in writing. All notices of any type hereunder shall be
given by U. S. mail or by hand delivery to an individual authorized to receive mail for the
below listed individuals, all to the following individuals at the following locations:
TO 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, Garganese & Weiss, & D'Agresta, P.A.
P.O. Box 2873
Orlando, FL 32802-2873
(407) 425-9566 (Phone)
(407) 425-9596 (Fax)
TO THE CONTRACTOR:
Kathy Gillette
Premier Pyrotechnics, Inc.
P.O. Box 487
Richmond, MO 65556
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(888) 647-6863 (Phone)
(417) 453-6339 (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 to the City. All books, cards, registers, receipts, documents,
and other papers in connection with this Agreement shall at any and all reasonable times
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 Agreement. 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;
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(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 Agreement. This Agreement represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
6.11 Sovereign 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. The provisions of §768.28, Florida Statutes are hereby deemed fully
incorporated herein by this reference as if expressly set forth herein.
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 Liability/Malpractice 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 $ 5,000,000.00 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
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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 thereofl 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. For all
claims that arise in connection with this contract, Premier Pyrotechnics, Inc., will pay any
insurance deductible for such claim. 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.
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 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
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 Contractor. 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 By 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
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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 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 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.
ARTICLE 10
DEFAULT; REMEDIES
10.1 Default Notice. In the event of a default under this Agreement by either
party, the non-defaulting party shall provide notice of the default to the defaulting party.
If the default occurs or is discovered prior to or after the 4`" of July event, notice shall be
in writing. Otherwise, defaults occurring during the 4`" of July event shall be
communicated in any reasonable manner. The defaulting party shall have a reasonable
period of time in which to cure the default; except, however, the cure period shall not
relieve the Contractor from its obligation to perform the Services on the date and time
scheduled for the 4`" of July event.
10.2 Contractor's Remedies. Contractor's remedies for a payment default by the
City under this Agreement shall be solely limited to payment for Services actually
performed by Contractor hereunder and shall be further limited to the compensation
amount provided under this Agreement. In the event of any other default by the City,
Contractor's remedies, if any, shall be as provided by law.
10.3 City's Remedies. The City's remedies for a default by Contractor shall be as
provided by law and shall include, but not be limited to, specific performance, damages,
and all other remedies provided under this Agreement. In addition, in the event that
Contractor fails or is unable to perform the Services required under this Agreement for a
particular 4`" of July and the City is required to retain the services of another pyrotechnics
company to provide a fireworks display on said 4`" of July, Contractor shall be liable for
any cost difference between the contract between the City and the other pyrotechnics
company and the compensation set forth in paragraph 3.1, provided the services
performed by the other pyrotechnics company are comparable to the Services required
hereunder.
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ARTICLE 11
TERM OF AGREEMENT
11.1 Term. The term of this Agreement shall be for the length of time that is required
for Contractor to fully perform the Services required by this Agreement, unless this
Agreement is terminated pursuant to Article 9. As such, the term 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.
WiTNF.CCF.C
Print Name:
CITY:
CITY OF WINTER SPRINGS, FLORIDA
By:
Ronald W. McLemore
Title: City Manager
Dated:
Print Name:
CONTRACTOR:
WITNESSES
Premier Pyrotechnics, Inc., a Missouri
Corporation, authorized to transact business.
in the State of Florida.
Print Name:
Print
By:
Title:
Dated:
2008 - 2010 4`h of July Fireworks Display Contract
City of Winter Springs -Premier Pyrotechnics, Inc.
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PREMIER PYROTECHNICS INC.
Winter Springs
July 4th 2008 Fireworks Display
Display Budget $24,000
Guarantee:
Premier Pyrotechnics will guarantee a 30 minute show and the firing system and shell
quantities/value as proposed.
We welcome an on site audit to confirm product and equipment used.
These shells will follow the mood of the music and set the scene for the large diameter
shells exploding above them.
MAIN SHOW
100 - 2 Inch Aerial Shells
200 - 25 Inch Aerial Shells
275 - 3 Inch Aerial Shells
320 - 4 Inch Aerial Shells
300 - 5 Inch Aerial Shells
TOTAL 1195
(+ 15 Cakes = 1,500 1-1.5 Inch Shells)
These shells will be fired at a rate of approximately 20 per second to provide a base of
color and sound for the finale of the show.
FINALE
144 - 2.5 Inch Aerial Shells
245 - 3 Inch Aerial Shells
32 - 4 Inch Aerial Shells
20 - 5 Inch Aerial Shells
TOTAL 441
(+ 5 Cakes = 500 1.5 Inch Shells)
GRAND TOTAL = 1,636
(+ 2,000 1-1.5 Inch Cakes)