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Home My WebLink About2003 01 27 Consent A Firework Display COMMISSION AGENDA ITEM A CONSENT X INFORMATIONAL ~ PUBLIC HEARING REGULAR 01/27/03 Meeting MGR. ~ /DEPT ill Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to accept the bid of Pyrotecnico and authorize the City Manager to execute a contract with the approved bidder for a fireworks display on July 4, 2003. 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, 2003. CONSIDERATIONS: . Last year Pyrotecnico (Great Show) came to Winter Springs again and provided a very good fireworks display at a cost of $ 13,500. . Request for proposals for the Winter Springs 4th of July Display 2003 were advertised in December 2002. . Four Firework Display Companies bid a total of 5 proposals. Total Shell Count 2.5in - 8in Site Main Grand Racked Trenched Manual Electric Visited Prior Bidder Proposal Price Show Finale Shells Shells Fire Fire Duration To Bidding 1,006 1,005 Pyrotecnlco 1 $ 15,000 Plus Yes Yes Yes No 30 Mins. Yes (Great Show) Also Included in Bid 600 1,000 1.5" Cake 1.5" Cake Melrose 1 $ 20,000 1,018 670 Yes No No Yes 30 Mins. Yes I Zambelli 1 $ 25,000 1,000 1,004 Yes No No Yes 30 Mins. Yes Sparktacular 1 $ 27,297 1,000 1,000 Yes No No Yes 30 Mins. No 2 $ 25,000 557 437 Yes No No Yes 18-20 No Plus Mins. 1,920 s 4,200 Cakes Cakes Last Year 4th of July 862 1,050 By $ 13,500 Plus No Yes Yes No 32 Mins. Yes Pyrotecnico 600 1,200 (Great Show) Cakes Cakes . Staff recommends acceptance of Pyrotecnico Proposal. FUNDING: $ 15,000 from Account # 7240-54800 - Promotional Activities, July 4TH RECOMMENDATION: Authorization of the City Manager to enter into a contract with Pyrotecnico to provide fireworks for July 4, 2003 at a cost of $ 15,000. IMPLEMENTATION SCHEDULE: March 2003 June 2003 July 3, 2003 July 4, 2003 Execute contract. Pyrotecnico checks and marks site and obtain and reviews sound track. . Initial setup. Final setup, coordination, display of show, and removal. ATTACHMENTS: Attachment #1 Attachment #2 RFP 006-03/CP Proposal Pyrotecnico Proposal. COMMISSION ACTION: 2 " ATTACHMENT #1 " CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708.2799 Telephone (407) 327.1800 REQUEST FOR PROPOSAL NUMBER: RFP-006-03/CP 4TH OF JULY FIREWORKS DISPLA Y 2003 RFP CLOSING: JANUARY 8, 2003 RFP Closing Was Called By: Nancy Vobornik, Purchasing Coordinator RFP Opened: 3:00 p.m. RFP Closed: 3:01 p.m. Witness: Debbie Gillespie, Deputy City Clerk Chuck Pula, Director, Parks and Recreation Department Four (4) RF P' s Received: 1. ZAMBELLI FIREWORKS INTERNA TIONALE AGENT: DANABETH ZAMBELLI ADDRESS: 299 NORTHWEST 52ND TERRACE, SUITE 118, BOCA RATON, FLORIDA 33487 TELEPHONE: (800) 860-0955 FACSIMILIE: (561) 395-1799 RFP AMOUNT: $25,000.00 2. PYROTECNICO AGENT: JOHN T. FEIGERT ADDRESS: P.O. BOX 149, NEW CASTLE, PENNSYLVANIA 16103 TELEPHONE: (877) 924-0102 FACSIMILIE: (770) 924-2646 RFP AMOUNT: $15,000.00 3. SPARKTACULAR AGENT: STEVE FREEDMAN, DIRECTOR OF OPERATIONS AND LOGISTICS ADDRESS: 4101 RAVENS WOOD ROAD, SUITE 126, DANIA, FLORIDA 33312 TELEPHONE: (877) 792-1101 FACSIMILE: (954) 792-1837 RFP AMOUNT: $27,297.00 - THIRTY (30) MINUTE SHOW RFP AMOUNT: $25,000.00 - EIGHTEEN (18) TO TWENTY (20) MINUTE SHOW 4. MELROSE SOUTH PYROTECHNICS, INC. AGENT: SCOTT FULTON, EVENT PRODUCER ADDRESS: 4652 CATAWBA RIVER ROAD, P.O. BOX 209, CATAWBA, SOUTH CAROLINA 29704 TELEPHONE: (800) 771-7976 FACSIMLE: (800) 775-7976 RFP AMOUNT: $20,000.00 .';' ~. Copy: Mr. Chuck Pula, Director, Parks and Recreation Department Ms. Nancy Vobornik, Purchasing Department City Clerk\Docs\Word\BIDS\RESULTS\Fy0203\RFP-006-03 CP.doc RFP NUMBER: RFP-006-03 CP RFP CLOSING DATE: JANUARY 8. 2003 PAGE20F2 Bringing the night to light! January 7, 2003 Mr. Chuck Pula City Clerk, City of Winter Springs City Hall 1126 East State Road - 434 Winter Springs, Florida 32708 Dear Chuck: Thanks for recently faxing me the city's bid request to produce a July Fourth Fireworks display at Central Winds Park. I hope we can be of service again this year. As you probably know, Pyrotecnico and Great Shows of Tampa merged last year and Randy Pritchard produced your show. Doug Bedell was the technician in charge and fired the show. Randy is leaving and I am taking over his show list. Producing over 2000 displays these past few years; Pyrotecnico is one of America's largest and fastest growing fireworks' companies. Located in the "Fireworks Capital of America", New Castle, Pennsylvania (with regional offices in Georgia, Alabama, Illinois, Colorado and our newest additions in Louisiana, Florida and New Hampshire), our mission is "to set the highest standard of excellence in providing safe, innovative and exciting fireworks entertainment to the customers and communities we serve. Our commitment to you "is to provide the veTY best detailed oriented customer service from show concept to clean up." Additionally, our roots go back over 1 00 years, making us one of the oldest display companies in the USA. 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 RFP, we would comply with all requirements and the show would be racked, entirely pre-loaded and fired manually. It would be our plan to have Doug Bedell once again in charge of the show. Please call me toll free at 1-877-924-0102 for any questions you may have. Thanks again and all my best wishes! HEADQUARTERS New Castle, PA Phone: 1-800-854-4705 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 Denver, CO Phone: 1-888-873-7236 1-303-239-6123 Fax: 1-303-239-6126 Atlanta, GA Phone: 1-877-924-0102 1-770-924-0102 Fax: 1-770-924-2646 Chicago, IL Phone: 1-888-384-7976 1-847-517-4010 Fax: 1-847-517-4208 New Orleans, LA Phone: 1-800-783-2513 1-985-983-8800 Fax: 1-985-893-1215 Tampa, FL Phone: 1-800-597-3957 1-813-854-2249 Fax: 1-813-814-9445 New England Phone: 1-800-550-7976 1-603-532-4040 Fax: 1-603-532-4441 I www.pyrotecnico.com I ~yROTt(\\/(O FIREWORKS DISPLAY CONTRACT This Agreement made this day of , 2002, by and between S. Vitale Pyrotechnic Industries Inc., of New Castle, Pennyslvania, (hereinafter referred to as "Pyrotecnico") and City of Winter Sprin2S Winter Sprine:s. Florida WHEREAS, Pyrotecnico is engaged in the sale, exhibition and display of fireworks for those requesting said goods and performance; and WHEREAS, Sponsor wants Pyrotecnico to provide a fireworks exhibition and display for Sponsor's benefit under the terms and conditions set forth herein; and WHEREAS Pyrotecnico is desirous of providing Sponsor with a fireworks exhibition and display for Sponsor's benefit under the terms and thereby, the parties agree as follows: I,Oblie:ations of Pvrotecnico. Pyrotecnico shall sell, furnish and deliver to Sponsor certain fireworks which Pyrotecnico agrees to exhibit and display on ( Julv 4. 2003 ) in accordance with the program set forth and agreed upon at the tinle of the signing of this Agreement, the specifics of Which are set forth in the "Fireworks Exhibition and Display Program" attached hereto and incorporated herein by reference thereto. (Fireworks Display). 2.Pavment Schedule. For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico the sum of $ 15.000,00 payment shall be made as follows: a. 50% of the contract price upon the signing hereof. b. The balance of the contract price within ten days of completion of the Fireworks Display. Sponsor agrees to pay interest at the rate of I Y2 % per month on any delinquent balance until the debt is paid in full. Payment shall be made by certified check or otherwise as agreed to Pyrotecnico, P.O. Box 149, New Castle, Pennsylvania, 16103. Furthermore, in the event Sponsor fails to perform its obligation and responsibility as set forth herein and it becomes necessary for Pyrotecnico to enforce its rights by hiring an attorney, Sponsor shall be responsible for, in addition to any other sums for which it is found responsible, all attorneys fees and costs incurred by Pyrotecnico to collect said sums. 3.Responsibilities of Sponsor. Sponsor agrees to procure and furnish a place suitable to Pyrotecnico for the display and exhibition of fireworks, ("Display Site"). Sponsor shall apply for, obtain and secure at its own cost and expense, all permits, licenses and approvals required by all applicable locaL state and federal laws and regulations as well as those imposed or required by any local police and fire deparbnents. . Sponsor shall hire, secure and provide, at its own cost and expense, adequate private and/or public security, police and fire protection. Sponsor shall be solely responsible and obligated to construct and furnish all materials necessary to set up restraining lines and other barriers for keeping all persons (except those designated by Pyrotecnico) out of the Display Site and all fallout and danger areas and behind the safety zone lines. Sponsor shall provide adequate private and/or public security personnel and lor protection to preclude all individuals other than those authorized by Pyrotecnico from entering the security area designated by Pyrotecnico. No persons or personal or real property of any kind, including but not limited to motor vehicles shall be allowed within the Display Site, fallout area or safe zone. Sponsor shall ensure that all spectator viewing and parking, as well as any other personal or real property is not within the Display Site, fallout area or safe zone. Sponsor shall fulfill its responsibilities as set forth herein in accordance with all local, state and federal rules, laws, orders and regulations, including those of the National Fire Protection Association (NFPA), as amended and as may be further required by Pyrotecnico. Sponsor shall provide Pyrotecnico with a detailed site plan and all information concerning security in a manner and in a form required by Pyrotecnico and shall obtain and provide to Pyrotecnico evidence of the acquisition and validity of all required permits, licenses and approvals no later than seven (7) days before the date of the Fireworks Display. Pyrotecnico shall have the right to require Sponsor to make reasonable alterations, amendments, modifications or changes to the site and/or security plan to ensure adequate protection of persons and property and maximize the quality ofthe Fireworks Display. Should Sponsor fail to make said required changes on or before the 5th day from the date scheduled for the Fireworks Display, Pyrotecnico shall, in it sole and absolute discretion, elect to treat the same as a "Cancellation" in accordance with Paragraph 6B hereof or make any changes it deems necessary and desirable and recover from Sponsor any expenses and costs related thereto. 4.Indemnifications and Liability. Sponsor shall hold harmless and indemnifY Pyrotecnico from any demands, claims, causes of action or liability arising from damage to or destruction of real or personal property or bodily or personal injuries, whether arising from tort, contact or otherwise, that occur directly or indirectly from the failure of Sponsor to comply with its obligations and responsibilities as set forth herein, including attorneys fees and costs. Sponsor shall not, under any circumstances, be entitled to recover any consequential, incidental, exemplary, special and/or punitive damages from Pvrotecnico, including, without limitation. loss of income. business or profits. PyROTt(~/(O 5.Postponement In the event that weather is such that Pyrotecnico in its sole and absolute discretion, determines that the Fireworks Display would be impossible, impractical or would unnecessarily increase the risk of damage or danger to person and/or property, the parties agree to immediately hold a postponement meeting at which time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching a mutually satisfactory postponement time and/or date. In the event the mutually satisfactory postponement time and/or date is beyond the day following the scheduled Fireworks Display and it is impracticable for the personnel and equipment of Pyrotecnico to remain at Sponsor's location until the rescheduled Fireworks Display date, then Sponsor shall pay the actual expenses incurred by Pyrotecnico related to the postponement, which shall not exceed forty percent (40%) of the contract price. Actual expenses include, but are not limited to, expenses for travel, lodging, labor, meals, rentals, permit fees, set-up and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to and/or as a result of the postponement or cancellation. In the event a mutually satisfactory postponement date Cannot be determined, this contract shall become null and void and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor shall pay to Pyrotecnico a sum equal to seventy-five (75%) of the contract price. 6.Cancellation. In the event Sponsor cancels this contract as provided below, liquidated damages for such cancellation shall be paid by Sponsor to Pyrotecnico as follows: a. In the event the Fireworks Display is cancelled more than thirty (30) days before the date scheduled for the Fireworks Display, twenty-five percent (25%) of the amount of the contract price. b. In the event the Fireworks Display is cancelled no more than thirty (30) days and no less than four (4) days before the contract, fifty percent (50%) of the contract price. c. If the Fireworks Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks Display, seventy-five percent (75%) of the contract price. d. On the day scheduled for the Fireworks Display, one hundred percent (100%). In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed to . Pyrotecnico, P.O. Box 149, New Castle, PA 16103. Notice shall be effective upon receipt of said written notice by Pyrotecnico. In the event of circumstances beyond the control of either party, such as fire, strikes, delay, flood, acts of God or similar causes which prevent the delivery of materials or performances as set forth herein, the parties hereto release one another from any and all obligations and responsibilities contained herein. 7.Governine: Law. The parties agree that this contract shall be interpreted, construed, enforced and governed by the laws of the Commonwealth of Pennsylvania. . 8. Modifications and Revision. Except as provided herein, the terms of this agreement shall not be modified, amended or rescinded except by written agreement signed by authorized representatives of the parties hereto. IN WITNESS WHEREOF, the undersigned executed this agreement by and through their authorized agents whose names appear below. ATTEST: PYROTECNICO By: Its: J)t ..! --- .-;.? SPONSOR: City of Win~et'Springs BY:~~:.r Its: PyRO T l( \\ 1(0 FLORIDA CUSTOMER REFERENCES: .i{€1ri~...;::~~~ ,<-~'~?~~~ y l'~ Santa Rosa Island Authority /~.;'"""-''"'''';~ .. ~ {,fp.;.;r,:.:' .'7 ..."0_ ~ '" r~ \^.. _ Ms Shel'la Wal'tes ,~l i/' ~J:'~ IfY "... g ~ "~r."'~"tw,;.. . ~..} /..:' ..r~ ....~ "1/ll!!1:J"'" ;~"': ~"'Ci Pensacola Beach, Florida 1>"; If;'6' "';;*,~ ~? 850-932-2259 ?~, :~\ 'L I , ,. St. Lucie Mets -- *!l J* 6 *) ..... Mr. Ari Scalet I -- Port St. Lucie, Florida * )1ft ~ 561-871-210434-4680 Panama City Beach Seafood Festival Mr. Billy Still ~ Panama City, Florida f( (;0 850-235-2925 ~" 11 ""., l~. /1 .tn."! L:t If lfNi6ey.-j;Ue / Valparaiso Bay Area I!J iII'Cha;rp~r of Commerce ,~~;7l'lt>,. i-l'JPI1fi! /5!~Ms. Tricia Brunson '", '\ '~j) ~:~. ~~-tb . :. '~~1~~Y '~;i~N1ce~1:le;7 Valparaiso, Flori r , .~~* (,~ , ~850:;;:,6'7:g-2323 z~{ l " ,~ -,"- ~..:",' II:. ~ ~ {,) i"C:":;$1:~~'., 1;:" \\ '<(;1 :A' j:, t".4 ,"t1f;1 ,. .I' 1fv .' .~ ~ City of Fort Pierce Centennial Celebration Ms. Linette Trabulsy Fort Pierce, Florida 772-466-3880 (:';1 rc; ~~ r' 'it' \~t. i~ ~ 't,,' '". h 'i{; i: \~~, ",' iR~ ;;';i;;>,,:.~~,. ';i~~\\, ~~;I' " ! l~' i.~, '7;'-- t_'J C:'"l }.~~~;t "';1 ....... ,<;r~ ;r~. .~-' ~~4 t~: ~~ ~"~,; ~l\ ~l (:;. i~.. 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", ;.'<1" . ,~t ;J:7 .OPOSAl , , ,: ~ ..~ , , , SPECIAL ENTERTAINMENT PRESENTATION CITY OF WINTER SPRINGS "FOURTH OF JULY" WINTER SPRINGS, FLORIDA JULY 4TH, 2003 $15,000.00 AERIAL DISPLAY PRESENTATION THIS PRODUCTION INCLUDES: All Necessary Insurance to include: Ten Million Dollar General Liability Insurance, Ten Million in Conlmercial 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. NEW CASTlE, PA "fireworks Capital of America." P.O. Box 149 · New Castle, PA 16103 412/652-9555 · 800/854-4705 · FAX: 412/652-1288 PyROTf.(\\/(() SPECIAL ENTERTAINMENT PRESENTATION CITY OF WINTER SPRINGS "FOURTH OF JULY" WINTER SPRINGS, FLORIDA JULY 4TH, 2003 $15,000.00 AERIAL DISPLAY PRESENTATION BODY TWO & ONE HALF INCH SHELLS 10 - Extra Loud Titanium Salutes ZOO - Multi Color Star Shells ZOO - Fancy and Color Changing Shells 30 - Special Effect Shells 30 - Variegated Crackling Shells 30 - Assorted Stickless or Comets THREE INCH SHELLS 10 - Extra Loud Titanium Salutes 90 - Multi Color Star Shells 70 - Fancy and Color Changing Shells 10 - Special Effect Shells 10 - Variegated Crackling Shells 10 - Assorted Stickless or Comets FOUR INCH SHELLS 60 - Multi Color Star Shells 50 - Fancy and Color Changing Shells 10 - Special Effect Shells 10 - Variegated Crackling Shells 10 - Pattern Shells 10 - Assorted Stickless or Comets " PyROlt(~/(() FIVE INCH SHELLS 40 - Multi Color Star Shells 40 - Fancy and Color Changing Shells 7 - Special Effect Shells 7 - Variegated Crackling Shells 6 - Pattern Shells SIX INCH SHELLS 20 - Multi Color Star Shells 15 - Fancy and Color Changing Shells 5 - Special Effect Shells 5 - Variegated Crackling Shells 5 - Pattern Shells EIGHT INCH SHELLS 2 - Color Changing Chrysanthemum Shells with Pistol and Tails 2 - Color Changing Peony Shells with Pistils and Tails 1 - Pattern Shells 1 - Assorted Color Changing: Kamuro, Diadems, and Willows with Large Raising Tails MID SHOW VOLLEY 1 - 600 Shot Silver Swallow Cake 1 - 1000 Shot Bumper Harvest Cake GRAND FINALE PRESENTATION 950 - 2 yz" /3" Assorted Color Changing Star Shells and Titanium Salutes 36 - 4" Color Changing Chrysanthemum Shells 1 0 - 5" Two Color Peony Shells 8 - 6" Large Multi Colored Chrysanthemum Shells 1 - 8" Color Changing Chrysanthemum Shells with Pistol and Tails . ., T .'. .,. PyROTf(~/(O SPECIAL ENTERTAINMENT PRESENTATION CITY OF WINTER SPRINGS "FOURTH OF JULY" WINTER SPRINGS, FLORIDA JULY 4TH, 2003 .$15,000.00 PRESENTATION RECAP Body 500 - Two and One Half Inch Shells 200 - Three Inch Shells 150 - Four Inch Shells 100 - Five Inch Shells 50 - Six Inch Shells 6 - Eight Inch Shells Mid Show Volley 1 - 600 Shot Silver Swallow Cake 1 - 1000 Shot Bumper Harvest Cake Grand Finale 950 - Two and One Half / Three Inch Shells 36 - Four Inch Shells 10 - Five Inch Shells 8 - Six Inch Shells 1 - Eight Inch Shell February 12, 2003 Bringing the night to light! Mr. Chuck Pula City of Winter Springs 1126 East State Street 434 Winter Springs, FL 32708 HEADQUARTERS New Castle, PA Phone: 1-800-854-4705 Fax: 1-724-652-1288 P.O. Box 149 New Castle, PA 16103 Dear Mr. Pula: Montgomery, AL Phone: 1-800-255-1199 1-334-286-4044 Fax: 1-334-286-4037 Enclosed please the signed and executed contract for July 4th, fireworks display, along with the original insurance certificate in conjunction with your event in Winter Springs. Please keep these for your files, and return a copy of the signed contract to us for our files. Denver, CO Phone: 1-888-873-7236 1-303-239-6123 Fax: 1-303-239-6126 Thank you for your continued confidence in our products and service it is truly appreciated. It is an honor to work with you. We realize you have a choice in companies to provide your fireworks entertainment and we appreciate your confidence in Pyrotecnico. Should you have any questions or concerns please feel free to contact us anytime. Atlanta, GA Phone: 1-877-924-0102 1-770-924-0102 Fax: 1-770-924-2646 Chicago, IL Phone: 1-888-384-7976 1-847-517 -4010 Fax: 1-847-517-4208 Sincerely, . Pyrotecnico New Orleans, LA Phone: 1-800-783-2513 1-985-983-8800 Fax: 1-985-893-1215 1tmf. Kimberly E. Ceyrolles Display Coordinator Tampa, FL Phone: 1-800-597-3957 1-813-854-2249 Fax: 1-813-814-9445 KEC New England Phone: 1-800-550-7976 1-603-532-4040 Fax: 1-603-532-4441 I www.pyrotecnico.com I rid-I/O,.? c~-~ (', f r( ~ . CITY OF WINTER SPRINGS 4th of JULY FIREWORKS DISPLAY CONTRACT F L R P) ~':'~I A('lO. "'. .. H:...,. ';g ;., tv; d THIS AGREEMENT is made this~ay of ~~ ,2003 by and between the CITY OF WINTER SPRINGS, FLORIDA, a Florida M icipal Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida ("City"), and S. VITALE PYROTECHNIC INDUSTRIES, INC., a Pennsylvania Corporation d/b/aPyrotecnico, whose address is 302 Wilson Road, New Castle, Pennsylvania, 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 ofthemutual 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. VrT ALE PYROTECHNIC INDUSTRIES, INC., d/b/a PYROTECNICO, 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 go 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 ofthe Services outlined in Article 2 of this Agreement. 1.2 En2a2ement. 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 ofthe parties hereto unless incorporated in this Agreement. 1.3 Due Diligence. The Contractor acknowledges that it has investigated prior to execution of this Agreement and satisfied itself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance 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 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 (aJk/a fireworks display) in a manner which is traditionally seen throughout the United States of America on the 4th of July. The exhibition shall be at Central Winds Park on the lake front on the evening of July 4, 2003 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 thiJty (30) minutes and shall contain a minimum of 3,611 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 4tl' 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 meet with a City Representative at Central Winds Park approximately one (1) week before the schedule display, at which time Contractor will mark the location ofthe fireworks trench line. On the morning of July 3,2003 the Contractor will obtain a 3 to 4" trenching machine, at its sole cost and expense, to dig or otherwise create a trench along the marked line, with the supervision of an employee of the City. Contractor will then Page 2 of 10 provide a crew of workers, at its sole cost and expense, to dig the trench line out to the appropriate width. (1) Contractor agrees that in the eyent 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 ten (10) calendar days following July 4, 2003. 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 ofthe 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. (b) City agrees to furnish and set up rope lines and other reasonable crowd control safeguards for the protection ofthe public and property. (i) City agrees to furnish ample police presence to provide crowd control for .the protection of the public and Contractor. (j) Contractor agrees, at its expense, to procure any and all permits or licenses which 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 perfomled by this Agreement. 2.3 SubmittalofProeress.Reports. UpOll.request by the.City, Contract,or shall submit a written progress report as to the status of all Services set forth in this 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 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 hearing on the performance ofthe Services. The Contractor Page 3 of 10 < . 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$15,000.00. Full payment shall be made by the City to the Contractor prior to the display upon receipt of a proper written inyoice. 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 of Winter 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 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 the Contractor is such that the Contractor is an independent contractor and is neither an agent nor employee ofthe 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 ofthe Services under this Agreement. 4.3 City's Responsibilit~es. 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 Contract or, the location of an area at Central Winds Park which can be considered a "Safe Firing Site". (d) To coordinate with the Contractor to provide for a Fireworks Trench as provided in Section 2.1 of this Agreement. Page 4 of 10 (e) Providing a musical score, produced by event contractor, Cox Radio, Inc., no later than June 15,2003. ARTICLE 5 SUBCONTRACTS: ASSIGNMENT 5.1 Assignment and Subcontractine. Unless otherwise specivcally 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 of the City, except to the extent that any assignment, 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 tmder this Agreement. Further, the Contractor shall not subcontract any portion or all ofthe 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 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 therefor. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Governing Law: 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 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 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 receiyemail for the below listed individuals, all to the following individuals at the following locations: Page 5 of 10 TO THE CITY: Mr. Ronald W. McLemore City Manger 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, Ward, Salzman & Weiss, 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 302 Wilson Road P.O. Box 149 New Castle, PA. 16103 877 -924-01 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 ofthe Contractor related, directly or 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 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 Page 6 of 10 cOlmection with this Agreement shall at any and all reasonable times during the normal working hours ofthe 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 A~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 ifsaid 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 Ser.vices 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 ofthe 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 A~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. 6.11 Soverei~n 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. Page 7 of 10 ARTICLE 7 TIME 7.1 Time of 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 ofthis Agreement, Contractor shall provide proof of worker's compensation insurance in the minimum amount required by law (if required). 8;2 Professional Liability/Malpractice and General Liability~ Upon tl).e effective date of this Agreement, Contractor shall submit proof of general liability insurance to cover claims for geneialliability because of bodily injury or death of any person or property damage arising out ofthis Agreement or any Services provided hereunder. The insurance shall have minimum limits of coverage of$l,OOO,OOO.OO 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, whichever 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 ofthis Agreement. All insurance policies or coverages required to be maintained by Contractor under this Agreement shall be "no deductible"policies and coverages. For all Services performed pursuant to this Agreement, the ContractorshaJi continuously.m~intain such. insurance in the aniounts, 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. Page 8 of 10 The indemnification provided above shall obligate the Contractor to defend at its own expense or to provide for such defense, at the option ofthe City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City 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 ch~ose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 8.4 shall survive termination of this Agreement. 8.5 Standard of Care. In 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 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 aU 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 ifthe 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.ofperformance 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 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. Page 9 of 10 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 CITY: CITY OF WINTER SPRINGS, Fl.ORIDA ..... ~~<. Print Name": .. . I-L & 1ft!(e~e By, ;?~(?~ ./ Romlld W. McLe o'i:'e... .. Title: City Manager Dated: CONTRACTOR: S. VITALE PYROTECHNIC INDUSTRIES, INC. d/b/a PYROTECNICO Print Name: Title: Awtiu}rr-l'ft) Dated: li-/a-03 F:\Lawyer\VES\City of Winter Springs\Agreements\4th July Fireworks Agr2003.wpd Page 10 of 10 CITY OF WINTER SPRINGS 4TH OF JULY FIREWORKS DISPLAY CONTRACT EXHIBIT" A" BODY TWO & O!\TE HALF INCH SHELLS 10 - Extra Loud Titanium Salutes 200 - Multi Color Star Shells 200 - Fancy and Color Changing Shells 30 - Special Effect Shells 30 - Variegated Crackling Shells 30 - Assorted Stickless or Comets THREE INCH SHELLS 10 - Extra Loud Titanium Salutes 90 - Multi Color Star Shells 70 - Fancy and Color Changing Shells 10 - Special Effect Shells 10 - Variegated Crackling Shells 10 - Ass0I1ed Stickless or Comets FOUR INCH SHELLS 60 - Multi Color Star Shells 50 - Fancy and Color Changing Shells 10 - Special Effect Shells 10 - Variegated Crackling Shells 10 - Pattern Shells 10 - Asso11ed Stickless or Comets FIVE INCH SHELLS 40 - Multi Color Star Shells 40 - Fancy and Color Changing Shells 7 - Special Effect Shells 7 - Variegated Crackling Shells 6 - Pattern Shells SIX INCH SHELLS 20 - Multi Color Star Shells 15 - Fancy and Color Changing Shells 5 - Special Effect Shells 5 - Variegated Crackling Shells 5 - Pattern Shells EIGHT INCH SHELLS 2 - Color Changing Chrysanthemum Shells with Pistol and Tails 2 - Color Changing Peony Shells with Pistils and Tails 1 - Pattern Shells 1 - Assorted Color Changing: Kamuro, Diadems, and Willows with Large Raising Tails MID SHOW VOLLEY 1 - 600 Shot Silver Swallow Cake . 1 - 1000 Shot Bumper Harvest Cake GRAND FINALE PRESENTATION 950 - 2 1/1" / 3" Assorted Color Changing Star Shells and Titanium Salutes 36 - 4" Color Changing Chrysanthemum Shells 10 - 5" Two Color Peony Shells 8 - 6" Large Multi Colored Chrysanthemum Shells 1 - 8" Color Changing Chtysanthemum Shells with Pistol and Tails **** SALES ORDER **** PAGE: 1 PYROTECNICO OF FLORIDA, LLC d/b/a GREAT SHOW P.O. Box 310 New Castle, PA 16103 ORDER NUMBER: FL32000 ORDER DATE: 02/12/03 (813) 818-7714 SALESPERSON: JF CUSTOMER NO: 01-WNTSPG SOLD TO: City of Winter Springs 1126 East State Street 434 Winter Springs FL 32708 SHIP TO: City of Winter Springs 1126 East State Street Winter Springs FL 32708 CONFIRM TO: Mr. Chuck Pula CUSTOMER P.O. SHIP VIA F.O.B TERMS NO TERMS ITEM NO. UNIT ORDERED SHIPPED BACK ORD PRICE AMOUNT /M 1 - Special Aerial Display 15,000.00 Show Date: July 4, 2003 $7,500.00 due with signed contract $7,500.00 due 10 days net as per contrac NET ORDER: LESS DISCOUNT: FREIGHT: SALES TAX: 15,000.00 .00 .00 .00 ORDER TOTAL: 15,000.00 ;. ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/VY) 02/12/03 PRODUCER 1-440-24B-4711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton-Gallagher & Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR !i240 SOM Center Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Solon, OH 44139 INSURERS AFFORDING COVERAGE Eric Treend INSURED INSURER A: Lexington Insurance Company Pyrotecnico INSURER B: Granite State Insurance Co. P.O. Box 149 INSURER C: New Castle, PA 16103 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~iRR TYPE OF INSURANCE POLICY NUMBER PO L1CY EFFECTIVE POLICY EXPIRATION LIMITS A ~NERAL LIABILITY 2159236 12/31/02 12/31/03 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50000 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ 1000000 I-- I-- GENERAL AGGREGATE $ 2000000 n'L AGGREAE LIMIT APFiS PER: PRODUCTS. COMP/OP AGG $ 2000000 POLICY ~~R,: LOC B AUTOMOBILE LIABILITY CA93B339-1 12/31/02 12/31/03 I-- COMBINED SINGLE LIMIT $ 1000000 X ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY - $ X NON.OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ==jAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY 564239B 12/31/02 12/31/03 EACH OCCURRENCE $ 9000000 ~ OCCUR o CLAIMS MADE AGGREGATE $ 9000000 $ ;j DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND I T~g-7TtJg" I IOJ~. EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Fireworks Display Date: July 4, 2003 Location: Central Winds Park, Winter Springs, Florida Additional Insured: City of Winter Springs, and Additional Event Sponsor's CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Winter Park DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, BUT FAILURE TO DO SO SHALL Mr. Chuck Pula IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR 1126 East State Road 434 REPRESENTATIVES. Winter Springs, FL 3270B AUTHORIZED REPRESENTATIVE .p, / i/. I USA li~..r...>'. l'"!;;:..J ...-_ I I ../.'" .;, ' 1 ACORD 25-S (7/97) PYROKIM 957B62 @ ACORD CORPORATION 1988 " . ~; ~yROTt(\\/(O FIREWORKS DISPLAY CONTRACT This Agreement made this ? J6-1J ~y of2003, by and between Pyrotecnico of Florida, LLC, in Tampa, Florida (hereinafter referred to as "Pyrotecnico of Florida" and City of Winter Springs, Florida WHEREAS, Pyrotecnico is engaged in the sale, exhibition and display of fireworks for those requesting said goods and performance; and WHEREAS, Sponsor wants Pyrotecnico of Florida to provide a fireworks exhibition and display for Sponsor's benefit under the terms and conditions set forth herein; and WHEREAS Pyrotecnico of Florida is desirous of providing Sponsor with a fireworks exhibition and display for Sponsor's benefit under the terms and thereby, the parties agree as follows: l.Obli~ations ofPyrotecnico of Florida Pyrotecnico of Florida shall sell, furnish and deliver to Sponsor certain fireworks which Pyrotecnico of Florida agrees to exhibit and display on (July 4, 2003) accordance with the program set forth and agreed upon at the time of the signing of this Agreement, the specifics of which are set forth in the "Fireworks Exhibition and Display Program" attached hereto and incorporated herein by reference thereto. (Fireworks Display). 2.Payment Schedule. For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico of Florida the sum of $20.000.00 shall be made as follows: a. 50% of the contract price upon the signing hereof. b. The balance of the contract price within ten days of completion of the Fireworks Display. Sponsor agrees to pay interest at the rate of I Y2 % per month on any delinquent balance until the debt is paid in full. Payment shall be made by certified check or otherwise as agreed to Pyrotecnico of Florida LLC, P.O. Box 310, New Castle, Pennsylvania, 16103. Furthermore, in the event Sponsor fails to perform its obligation and responsibility as set forth herein and it becomes necessary for Pyrotecnico of Florida to enforce its rights by hiring an attorney, Sponsor shall be responsible for, in addition to any other sums for which it is found responsible, all attorneys fees and costs incurred by Pyrotecnico of Florida to collect said sums. 3.ResDonsibilities of Sponsor. Sponsor agrees to procure and furnish a place suitable to Pyrotecnico of Florida for the display and exhibition of fireworks, ("Display Site"). Sponsor shall apply for, obtain and secure at its own cost and expense, all permits, licenses and approvals required by all applicable local, state and federal laws and regulations as well as those imposed or required by any local police and fire departments. Sponsor shall hire, secure and provide, at its own cost and expense, adequate private and/or public security, police and fire protection. Sponsor shall be solely responsible and obligated to construct and furnish all materials necessary to set up restraining lines and other barriers for keeping all persons (except those designated by Pyrotecnico of Florida ) out of the Display Site and all fallout and danger areas and behind the safety zone lines. Sponsor shall provide adequate private and/or public security personnel and lor protection to preclude all individuals other than those authorized by Pyrotecnico of Florida from entering the security area designated by Pyrotecnico of Florida. No persons or personal or real property of any kind, including but not limited to motor vehicles shall be allowed within the Display Site, fallout area or safe zone. Sponsor shall ensure that all spectator viewing and parking, as well as any other personal or real property is not within the Display Site, fallout area or safe zone. Sponsor shall fulfill its responsibilities as set forth herein in accordance with all local, state and federal rules, laws, orders and regulations, including those ofthe National Fire Protection Association (NFPA), as amended and as may be further required by Pyrotecnico of Florida. Sponsor shall provide Pyrotecnico of Florida with a detailed site plan and all information concerning security in a manner and in a form required by Pyrotecnico of Florida and shall obtain and provide to Pyrotecnico of Florida evidence of the acquisition and validity of all required permits, licenses and approvals no later than seven (7) days before the date of the Fireworks Display. Pyrotecnico of Florida shall have the right to require Sponsor to make reasonable alterations, amendments, modifications or changes to the site and/or security plan to ensure adequate protection of persons and property and maximize the quality of the Fireworks Display. Should Sponsor fail to make said required changes on or before the 5th day from the date scheduled for the Fireworks Display, Pyrotecnico of Florida of shall, in it sole and absolute discretion, elect to treat the same as a "Cancellation" in accordance with Paragraph 6B hereof or make any changes it deems necessary and desirable and recover from Sponsor any expenses and costs related thereto. 4.Indemnifications and Liability. Sponsor shall hold harmless and indemnify Pyrotecnico of Florida from any demands, claims, causes of action or liability arising from damage to or destruction of real or personal property or bodily or personal injuries, whether arising from tort, contact or otherwise, that occur directly or indirectly from the failure of Sponsor to comply with its obligations and responsibilities as set forth herein, including attorneys fees and costs. Sponsor shall not, under any circumstances, be entitled to recover any consequential, incidental, exemplary, special and/or punitive damages from Pyrotecnico of Florida, including, without limitation, loss of income, business or profits. PyROTt(\\/(O 5.Posttlonement. In the event that weather is such that Pyrotecnico of Florida in its sole and absolute discretion, determines that the Fireworks Display would be impossible, impractical or would unnecessarily increase the risk of damage or danger to person and/or property, the parties agree to immediately hold a postponement meeting at which time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching a mutually satisfactory postponement time and/or date. In the event the mutually satisfactory postponement time and/or date is beyond the day following the scheduled Fireworks Display and it is impracticable for the personnel and equipment ofPyrotecnico of Florida to remain at Sponsor's location until the rescheduled Fireworks Display date, then Sponsor shall pay the actual expenses incurred by Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent (40%) of the contract price. Actual expenses include, but are not limited to, expenses for travel, lodging, labor, meals, rentals, permit fees, set-up and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to and/or as a result of the postponement or cancellation. In the event a mutually satisfactory postponement date cannot be determined, this contract shall become null and void and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor shall pay to Pyrotecnico of Florida a sum equal to seventy-five (75%) of the contract price. 6.Cancellation. In the event Sponsor cancels this contract as provided below, liquidated damages for such cancellation shall be paid by Sponsor to Pyrotecnico of Florida as follows: a. In the event the Fireworks Display is cancelled more than thirty (30) days before the date scheduled for the Fireworks Display, twenty-five percent (25%) of the amount of the contract price. b. In the event the Fireworks Display is cancelled no more than thirty (30) days and no less than four (4) days before the contract, fifty percent (50%) of the contract price. c. If the Fireworks Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks Display, seventy-five percent (75%) of the contract price. d. On the day scheduled for the Fireworks Display, one hundred percent (100%). In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed to Pyrotecnico of Florida, LLC. P.O. Box 310, New Castle, PA 16103. Notice shall be effective upon receipt of said written notice by Pyrotecnico of Florida . In the event of circumstances beyond the control of either party, such as fire, strikes, delay, flood, acts of God or similar causes which prevent the delivery of materials or performances as set forth herein, the parties hereto release one another from any and all obligations and responsibilities contained herein. 7.Governine Law. The parties agree that this contract shall be interpreted, construed, enforced and governed by the laws of the State of Florida. 8. Modifications and Revision. Except as provided herein, the terms of this agreement shall not be modified, amended or rescinded except by written agreement signed by authorized representatives of the parties hereto. IN WITNESS WHEREOF, the undersigned executed this agreement by and through their authorized agents whose names appear below. ~~~) ATTEST: SPONSOR ~Ma~ By: Its: /fJ1P'~~ M 11-1 c ~ ~~/ It is agreed that the fireworks schedule contained in Exhibit "A" attached hereto shall constitute the fireworks display to be fired by pyrotecnico for the event. The alternate rain date will be Saturday July 5, 2003. '" \ i J :~. ~i7\~ PROPOSAL Bringing the night to light! FOURTH OF JULY 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 CITY OF WINTER SPRINGS WINTER SPRINGS, FLORIDA JULY 4, 2003 $20,000.00 AERIAL DISPLAY PRESENTATION SPECIAL ENTERTAINMENT PRESENTATION THIS PRODUCTION INCLUDES: ~ 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 Install, Produce and Dismantle 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. ~ A Highly Choreographed Display Design. fP- The Widest Variety of Top Quality Shells and Special Effects from around the Globe, that includes our Own American Products. FROM : PYROTECNICO GEORGIA OFFICE PI-DE t-IJ. : 7709242646 Jun. 19 2003 09: 31l=lM P2 ''''- EXHIBIT A i fACSIMILE TRANSM;ITTAL SHEE.T 10: R DI'\ ~,_ e..N\. ~ r G- o lNENI' o FOR EVEW FROII:..., F'UllIUf DAlE: ~ ~ I, I TOTAL ~ eMf PMES INCI tDING cxMR: 1 SENDER'S REFERENCE NUImER. ! ! YOUR AEFEiRENcE NUMBER: I , D. iO 0 PLIASI C:OIUP1ff~ PLEASE REPLY ........ MC\'CLE I COMPMY; FAX NUMBER: PHONE II: IE: ((()A-\ _ Bl9 J.'f 100.. ;,;, 1'"i ~e( ~f)~... L1" t~\...s" lOb; ~ t( P1,.~11 '1" \D(l ~\().sr"^^ c~.(:-:~<.Ar<-l-\-~o", ~ G- (6,.a f; ,JA)e- L 0 t.J L~"",e..l . I . (g00-- 3 ' '-1 ?- ... ~ " d.D/511 1 ?- _ (, l( l.... f I, \ ..... {O I, '1 ~; \.s :,l... 3 1\ 1- S ~ hI> 1'" Groc.~k C(''VJ'\> J'J. \1,. I" 3~ S h.... -r "\iit~(;t\j (0C4n.J5 )... J h, 5~ s",.f 1,t6.^~~ )"",,,,1(5 :1. 101>0 ~h..f W~;7i'1i, Or"Jo1l5 I J:~ '!g!.A h4"" t>.,r.1 t~L$ ~\c).f\..s, ~\veA~ tl1 \ Jc:' w,f~ M i "4.. fv'\o f' ty~&.f""\ ~ t.. ~ 4V tl \',., j c.. TG6n j ~..s. 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