HomeMy WebLinkAbout2012 04 09 Consent 201 Creative Pyrotechnics, LLC - 2012 4th of July Fireworks DisplayCOMMISSION AGENDA
ITEM 201
April 09, 2012
Regular Meeting
Informational
Consent
Public Hearings
Regular
X
KS
CC
City Manager Department
REQUEST:
The Parks and Recreation Department is requesting the City Commission to accept the
proposal of Creative Pyrotechnics and authorize the City Manager and City Attorney to
prepare and execute an agreement with the approved proposal for a fireworks display on
July 4, 2012.
SYNOPSIS:
The fireworks budget for our 2012 July 4th event is $10,000. Staff solicited proposals from
fireworks vendors to "provide the best show (visual effects, shell count, electronic vs.
manual delivery, etc.) they could for $10,000." Staff has received said proposals and after
review and analysis recommends awarding to Creative Pyrotechnics.
CONSIDERATIONS:
• In 2010, Creative Pyrotechnics provided the firework display for our July 4
Celebration of Freedom event.
• In 2011, Bay Fireworks, LLC provided the firework display for our July 4
Celebration of Freedom event.
• Staff solicited fireworks companies to procure the best possible show for the $10K
budgeted amount.
• Three (3) Firework Display Companies submitted proposals. These companies were
Creative Pyrotechnics, Bay Fireworks and 4 Seasons Fireworks.
Consent 201 PAGE 1 OF 3 - April 09, 2012
• After reviewing each of the bids, Creative Pyrotechnics is recommended for selection.
Creative Pyrotechnics is able to provide the best & safest overall show and the only
company that offers a 100% electronically fired show. An electronically delivered
show has been shown to provide the safest show environment for our citizens and all
involved, as well as provides better and more consistent timing on the delivery of the
show.
• Other reasons for the recommendation to select Creative Pyrotechnics include
digitized show preview, highest shell count, customer service, references &
professional experience.
• Bay Fireworks decreased their shell count over 900 shells from last year and are not
providing a fully electronic fired show.
2012 Winter Springs Celebration of Freedom Firework Bids
FISCAL IMPACT:
Budgeted Amount - $10,000 Acct. # 001 -54800 -90100 — July 4
(Our goal is to have this entire amount, $10,000 covered by Sponsorships)
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
Consent 201 PAGE 2 OF 3 - April 09, 2012
Creative
Pyrotechnics
Bay Fireworks
4 Seasons
Fireworks
Total Duration of Program
19 -20 Minutes
19 -20 Minutes
19 -20 Minutes
1.5 -2 inch Shells
1350
0
120
2.5 -3 inch shells in Program
350
480
288
4 inch shells in Program
137
200
144
5 inch shells in Program
100
175
96
6 inch shells in Program
75
36
0
Electronically Fired Program
Yes
Partial
No
Total Shells Used in
Program
2012
891
648
• After reviewing each of the bids, Creative Pyrotechnics is recommended for selection.
Creative Pyrotechnics is able to provide the best & safest overall show and the only
company that offers a 100% electronically fired show. An electronically delivered
show has been shown to provide the safest show environment for our citizens and all
involved, as well as provides better and more consistent timing on the delivery of the
show.
• Other reasons for the recommendation to select Creative Pyrotechnics include
digitized show preview, highest shell count, customer service, references &
professional experience.
• Bay Fireworks decreased their shell count over 900 shells from last year and are not
providing a fully electronic fired show.
2012 Winter Springs Celebration of Freedom Firework Bids
FISCAL IMPACT:
Budgeted Amount - $10,000 Acct. # 001 -54800 -90100 — July 4
(Our goal is to have this entire amount, $10,000 covered by Sponsorships)
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
Consent 201 PAGE 2 OF 3 - April 09, 2012
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
The Parks and Recreation Department is recommending the City Commission to accept the
proposal of Creative Pyrotechnics and authorize the City Manager and City Attorney to
prepare and execute an agreement with the approved proposal for a fireworks display on
July 4, 2012.
ATTACHMENTS:
Attachment A - 4th of July Fireworks Display Contract
Consent 201 PAGE 3 OF 3 - April 09, 2012
CITY OF WINTER SPRINGS
2012 4 of JULY FIREWORKS DISPLAY AGREEMENT
THIS AGREEMENT is made this day of , 2012 by and between
the CITY OF WINTER SPRINGS, FLORIDA, a Florida municipal corporation, whose
address is 1126 East State Road 434, Winter Springs, Florida, 32708 ( "City ") and CREATIVE
PYROTECHNICS, LLC, a Florida limited liability company, whose address is 14747 Baltusrol
Drive, Orlando, Florida 32828 ( "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 consideration, the receipt and sufficiency all of 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 may be amended, which shall constitute authorization for the
Contractor to provide the services stated herein to the City.
(b) "City" is the City of Winter Springs, Florida, a Florida Municipal Corporation,
and its officers, agents, employees and attorneys.
(c) "Contractor" shall mean Creative Pyrotechnics, LLC, a Florida limited liability
company, and its officers, agents, employees and contractors.
(d) "Effective Date" shall be the date on which the last signatory hereto shall execute
this Agreement, and it shall be the date on which this Agreement shall go into
effect. The Agreement shall not be effective against any party until said date.
(e) "Public Record" is as described in Chapter 119, Florida Statutes.
(f) "Services" shall include the performance of the Services outlined in Article 2 of
this Agreement.
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
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 1 of 9
present agreements or representations shall be binding upon any of the parties hereto unless
expressly incorporated into 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, permits, and
the steps necessary to complete the Services within the time set forth herein. The Contractor
warrants unto the City that it has the competence and ability to carefully and faithfully complete
the Services within the time set forth herein. The Contractor will perform the Services with due
and reasonable diligence consistent with sound professional practices.
ARTICLE 2
DESCRIPTION OF SERVICES TO BE PERFORMED
2.1 Scope of 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 traditionally seen throughout the United
States of America on the 4 of July. The exhibition shall be at Central Winds
Park on the lakefront on the evening of July 4, 2012 beginning at 9:10 PM. The
specific areas for staging shall be at locations designated by the City and
reasonably approved by Contractor.
(b) Contractor agrees to furnish a duly qualified and experienced pyrotechnist and all
labor and equipment necessary for exhibition of pyrotechnics. The exhibition
shall last a minimum of twenty (20) minutes and shall contain a minimum of Two
Thousand Twelve (2,012) fireworks shells and effects, the size and type
specifically set forth and 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 4 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 that, in the event of rain or inclement weather, the City, at its
discretion, may postpone the performance of the Services to the evening of July 5,
2012. 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, written approval of the City provided, however, the
total of such additional expenses shall not exceed ten (10 %) percent of the price
of this contract.
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 2 of 9
(f) Contractor may cancel or delay the start or completion of the Services if, in its
professional opinion, continuing the display would violate any laws of any
governing bodies or pose any threat to human life, limb, or property. If
Contractor cancels the Services pursuant to this subsection, the display shall be
shown at a later date in accordance with the terms of this Agreement.
(g)
Contractor agrees to procure, at its sole expense, any and all permits or licenses
that may be required by governmental authorities.
2.2 Professionalism. The Contractor shall do, perform and carry out in a professional
manner all Services required to be performed by this Agreement.
2.3 Warranty of Professional Services. The Contractor hereby warrants unto the City that
it has sufficient experience to properly complete the Services specified herein or as may be
performed pursuant to this Agreement. In pursuit of any Services, the Contractor shall supervise
and direct the Services, using it best skill and attention and shall enforce strict discipline and
good order among it employees and agents. The Contractor shall comply with all laws,
ordinances, rules, regulations, and lawful orders of any public authority bearing on performance
of the Services. The Contractor shall pay all taxes, fees, license fees required by law, including
but not limited to occupational fees and withholding taxes and assume all costs incident to the
Services, except as provided herein.
ARTICLE 3
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 Ten Thousand and no /100 Dollars
($10,000.00). The City shall pay Contractor for the total amount due immediately following the
display. There shall be no other compensation due Contractor for the Services provided under
this Agreement, unless specifically agreed to by the City in writing.
ARTICLE 4
GENERAL CONDITIONS OF SERVICES
4.1 City Inspection. Subject to a right of appeal to the City Commission, the City Manager
shall have authority to reject Services as not conforming to this Agreement. Prior to the
commencement of the exhibition of the pyrotechnics, the City shall have the right, but not
obligation, to inspect the fireworks to determine that the display is ready for public exhibition as
required hereunder.
4.2 Services is a Private Undertaking. 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
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 3 of 9
contractor between the City and the Contractor during or after the performance of the Services
under this Agreement.
4.3 City's Responsibilities. The City shall cooperate with the Contractor by:
(a) Designating a person with authority to act on the City' s behalf on all matters
concerning the Services being provided hereunder;
(b) 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.
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.
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 4 of 9
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 receive mail for the below listed individuals, all
to the following individuals at the following locations:
TO THE CITY:
w /copy to:
TO THE CONTRACTOR:
Mr. Kevin L. Smith
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708 -2799
(407) 327 -5957 (Phone)
(407) 327 -6686 (Fax)
Anthony A. Garganese
City Attorney
Brown, Garganese, Weiss & D'Agresta, P.A.
111 N. Orange Avenue, Ste. 2000
P.O. Box 2873
Orlando, FL 32802 -2873
(407) 425 -9566 (Phone)
(407) 425 -9596 (Fax)
Creative Pyrotechnics, LLC
14747 Baltusrol Drive
Orlando, FL 32828
(407) 233 -4132 (Phone)
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
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 5 of 9
manner set forth herein may unilaterally change the name of the person to whom notice is to be
given or the address at which notice is to be received.
6.4 Public Record. It is hereby specifically agreed that any record, document, computerized,
information and program, audio or video tape, photograph, or other writing of the Contractor
related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether
in the possession or control of the City or the Contractor. Said record, document, computerized
information and program, audio or video tape, photograph, or other writing of the Contractor is
subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the
specific written approval of the City. Upon request by the City, the Contractor shall promptly
supply copies of said public records of the City. All books, cards, registers, receipts, documents,
and other papers in connection with this Agreement shall at any and all reasonable times 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;
(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.
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 6 of 9
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. Notwithstanding any other provision set forth in this Agreement,
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 on the
City's potential liability under state or federal law. As such, the City shall not be liable under
this Agreement for punitive damages or interest for the period before judgment. Further, the
City shall not be liable for any claim or judgment, or portion thereof, to any one person for more
than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof,
which, when totaled with all other claims or judgments paid by the State or its agencies and
subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred
thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement.
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 $ 1,000,000.00 per occurrence.
8.3 Insurance Requirements. This paragraph shall be applicable to Sections 8.1 and 8.2.
The insurance required by this Article shall include the liability and coverage provided herein, or
as required by law, whatever requirements afford greater coverage. All of the policies of
insurance so required to be purchased and maintained for the certificates (or other evidence
thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled,
materially changed or renewal refused until at least thirty (30) days' prior written notice has been
given to the City and the Contractor by certified mail, return receipt requested. All such
insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary,
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 7 of 9
the City shall be named on the foregoing insurance policies as "additional insured ". The
Contractor shall cause its insurance carriers to furnish insurance certificates specifying the types
and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a
statement that no insurance under such policies will be canceled without thirty (30) days' prior
written notice to the City in compliance with other provisions of this Agreement. All insurance
policies or coverage's required to be maintained by Contractor under this Agreement shall be "no
deductible" policies and coverages. 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 them. In all events the City shall be permitted to choose legal counsel of its sole
choice, the fees for which shall be reasonable and subject to and included with this
indemnification provided herein. This paragraph 8.4 shall survive termination of this
Agreement.
8.5 Standard of Care. In 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. This Agreement may be terminated by mutual written agreement
between the parties. Further, the City may terminate this Agreement for convenience, at any
time, without penalty, by providing written notice of termination to Contractor. However, to the
extent Services have been performed by Contractor, the City shall pay the Contractor, as full
payment for all Services performed and all expenses incurred, the sums that are actually due and
owing to the Contractor for payment of all Services completed to the City's satisfaction through
the termination date, along with reimbursable expenses (if any) as provided in this Agreement,
provided the amount will not exceed the 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
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 8 of 9
described in this Agreement. Upon notice of termination, the Contractor shall cease all Services
being provided hereunder unless otherwise directed by City in writing.
9.2 Waiver. Failure of the City to insist upon performance within any time period or upon a
proper level or quality of performance shall not act as a waiver of the City's right to later claim a
failure to perform on the part of the Contractor.
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 and all claims made pursuant
to this Agreement have been fully settled or the statute of limitations for bringing such claims
has expired.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
WITNESSES
Kevin L. Smith, City Manager
Print Name: Dated:
Print Name:
WITNESSES
Print Name:
Print Name:
ARTICLE 10
TERM OF AGREEMENT
CITY:
City of Winter Springs, Florida,
a Florida municipal corporation.
CONTRACTOR:
Creative Pyrotechnics, LLC,
a Florida limited liability company.
Elwood J. Weppel IV, Managing Member
Dated:
2012 4 of July Fireworks Display Agreement
City of Winter Springs — Creative Pyrotechnics, LLC
Page 9 of 9
CREATIVE
PYROTECHNICS
ORLANDO, FLORIDA
Phone: 407- 234 -0270
Fax: 407 -826 -5179
w'ww.creat ivet�yro.conn
Winter Springs Celebration of Freedom Proposal
4th of July Fireworks Display 2012
A. Shell Count
✓ A total of 2,087 Display Shells will be provided for this Display.
the Shell Count is as follows:
1.5/2 ": 1,350
4 ": 137
6 ": 75
2.5 " /3 ": 350
5 ": 100
B. Shell Brands, Specialty Shells, Pattern Shells
✓ All Shells included in the Display will be of the following
brands:
Lidu- Very High Quality Chinese Display Shells
Vulcan- Highest Quality Premium Brand Chinese Display Shells
Yung -Feng- Japanese Display Shells
Euro- Color- European Display Shells
Caballej- Spanish Display Shells
LaRosa- Italian Display Shells
✓ Specialty Shells will be included in the display. Several of the
effects included are:
Pixie Dust Willow- (Shimmering Giant Willows with Color Pistils)
Nishiki Kamuro- Japanese Willows
Falling Leaves- (Cluster of Stars Slowly Falling Towards the Ground)
✓ Pattern Shells will be included in the Display. Several of the
effects included are:
C. Length of Display
D. Opener of Show
E. Body of Show
F. Finale of Show
Star- (Five Pointed Star in Spangle Circle)
Ring- (Full Circle Pattern Cluster of Stars)
Starfish- (Actual Starfish Pattern Shell with Color Center)
✓ Display will last a ytiLL 19 -20 Minates. Breakdown of Each
Segment of Display is noted Below:
✓ 30 second Length of Opener
✓ Entire Opener of Display will be electronically fired.
✓ 229 Shells will be used in the opening of the display
1.5/2": 180 2.5"/3": 30
4 ": 12 5": 4
6": 3
✓ 17 -19 Minute Length of Main Body
✓ Entire body of Display will be electronically fired,
✓ 1,371 Shells will be used in the body of display.
1.5 /2 "; 1,110 2.5"/3"; 110
4 ": 75 5 "; 88
6 ": 52
✓ Assorted Multi -Shot Cakes will be used in display.
✓ 30 second Grand Finale
✓ Finale of Display will be electronically fired.
✓ 4S7 Shells will be used in the finale ureach display
1.5/2 ": 210 2.5 "13 ": 210
4 ": 50 5 ": 8
6": 20
✓ Multiple Salute Cakes will be used in displays finale.
✓ Display will feature a three feature Finale:
1' Feature: Color Shells Finale
2nd Feature; Red, White, & Blue Finale
3r Feature: Salute Finale
G. Choreography
✓ 19 -20 Minute Display will have a unique Soundtrack/Music Score
that is appropriate for the occasion.
✓ Soundtrack will be mastered and created by Creative Pyrotechnics.
✓ Soundtrack will he provided by June 1 ", 2011.
H. Equipment/Materials/Personnel Provided
✓ Professional and Qualified Technicians to Setup Display
✓ Certified and Qualified Shooter to Fire Display
✓ Digital Firing System and Modules
✓ All Racks, Nails, [lumber. Materials, etc.
✓ Professional and Qualified Technicians to Tear -Down Display
✓ Fireworks Permit
✓ Transportation
✓ Fuel
✓ Food
✓ Any other Miscellaneous Costs.
L Equipment/Materials/Personnel NOT Provided
✓ Sound System to Play Music Score
J. Liability Insurance
✓ $5,000,000.00 General Liability Insurance will be provided by
Creative Pyrotechnics for display.
✓ $5,000,000.00 Auto Liability Insurance will be provided by
Creative Pyrotechnics for display.
✓ The City of 'Winter Springs, FL will be named as additional
insured for display.
K. Cost/Budget
✓ 2012 4th of July Fireworks Display;
$10,000.00
Proposal Created and Authorized on 12/22/2011 by EJ. Weppel
Title: President