HomeMy WebLinkAboutCreative Pyrotechnics, LLC. - Second Addendum to 2013, 2014, 2015 Fourth of July Fireworks Display Agreement 2017 2017 06 21 SECOND ADDENDUM TO 2013,2014,2015 FOURTH OF JULY
FIREWORKS DISPLAY AGREEMENT
THIS SECOND ADDENDUM is made this day ofbetween the CITY OF WINTER SPRINGS FLORIDA a Florida inunici II a 2017 by and
p 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 parties previously entered into a 2013, 2014, 2015 Fourth of July
Fireworks Display Agreement, which was executed by the City on April 24, 2013, and by
Contractor on May 1,2013 (the"Agreement"); and
WHEREAS,the Agreement authorizes the parties to extend the term of the Agreement for
three(3)additional one-year terms; and
WHEREAS, the parties exercised their renewal option to extend the term of the
Agreement for an additional one (1)year for the 2016 Fourth of July Fireworks Display; and
WHEREAS,the parties desire to again exercise the renewal option and extend the term of
the Agreement,for an additional one(1)-year term as set forth herein; and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
sufficiency of which is hereby acknowledged, it is agreed by the parties as follows:
Section 1.Recitals.The foregoing recitals are true and correct and are hereby incorporated
herein by reference as a material part of this Second Addendum,
Section 2. Extension of Term.The term of the 2013,2014,2015 Fourth of July Fireworks
Display Agreement is hereby further extended for an additional one (1)-year term by this Second
Addendum, shall commence upon full execution of this Second Addendum by both parties hereto
and,unless otherwise extended pursuant to this section,shall terminate at such time Contractor has
fully performed all the Services required by this Second Addendum to the complete satisfaction of
the City and all claims made pursuant to this Second Addendum have been fully settled or the
statute of limitations for bringing such claims has expired.
Section 3. Amendments. All provisions of the Agreement not amended by the (first)
Addendum or this Second Addendum shall remain as stated in the Agreement. The Agreement is
hereby amended as follows:
(A) Section 2.1 (a), Scope of Services, is amended to include the Exhibition Date of July 4,
2017.
41h of July Fireworks Display—Second Addendum-2017
City of Winter Springs—Creative Pyrotechnics,LLC
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(B) Section 2.1 (b) is hereby deleted in its entirety and shall be replaced with the following
language:
Contractor agrees to furnish a duly qualified and experienced pyrotechnist and
all labor and equipment necessary for exhibition of pyrotechnics. The July 4,
2017 exhibition shall last a minimum of 15 minutes and shall contain a
minimum of 2,349 fireworks shells and effects, the size and type specifically
set forth and described in Exhibit 4,1",attached hereto and incorporated herein.
The City shall provide a musical score for the event.
(C) Section 3.1 is to be deleted in its entirety and shall be replaced with the following language:
Compensation. For the performance and full completion of the Services
specified herein, City agrees to pay Contractor a total amount of Fifteen
Thousand and no/100 Dollars ($15,000.00) for the July 4, 2017 display
conducted pursuant to this Agreement. The City shall pay Contractor for the
total amount due immediately following the completed 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.
(D) Section 6.4 is to be deleted in its entirety and shall be replaced with the following language:
Public Record. Pursuant to Section 119.0701, Florida Statutes and other
applicable public records laws, Contractor agrees that any records, documents,
transactions,writings,papers,letters,computerized information and programs,
maps, books, audio or video tapes, films, photographs, data processing
software, writings or other material(s), regardless of the physical form,
characteristics, or means of transmission, of Contractor related, directly or
indirectly,to the services provided to the City under this Agreement and made
or received pursuant to law or ordinance or in connection with the transaction
of official business by the City, may be deemed to be a public record, whether
in the possession or control of the City or the Contractor. Said records,
documents, transactions, writings, papers, letters, computerized information
and programs, maps, books, audio or video tapes, films, photographs, data
processing software, writings or other material(s), regardless of the physical
form, characteristics, or means of transmission of Contractor are subject to the
provisions of Chapter 119,Florida Statutes, and may not be destroyed without
the specific written approval of the City's designated custodian of public
records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, THE CITY CLERK, AT (407) 327-5955,
41h of July Fireworks Display—Second Addendum-2017
City of Winter Springs—Creative Pyrotechnics,LLC
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_CITYCLERIDEPARTMENT@WINTERSPRINGSFL.ORG, 1126
EAST STATE ROAD 434,FLORIDA 32708.
Contractor is required to and agrees to comply with public records laws.
Contractor shall keep and maintain all public records required by the City to
perform the services as agreed to herein. Contractor shall provide the City,
upon request from the City Clerk, copies of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided bylaw. Contractor shall ensure that public records
that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of
the Agreement term. Upon completion of the Agreement, Contractor shall
transfer to the City,at no cost,all public records in possession of the Contractor,
provided the transfer is requested in writing by the City Clerk. Upon such
transfer, Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements.
However, if the City Clerk does not request that the public records be
transferred, the Contractor shall continue to keep and maintain the public
records upon completion of the Agreement and shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the City,upon request from the City Clerk,in a format that
is compatible with the information technology systems of the City. Should the
City not possess public records relating to this Agreement which are requested
to be inspected or copied by the City or any other person, the City shall
immediately notify Contractor of the request and the Contractor shall then
provide such records to the City or allow the records to be inspected or copied
within a reasonable time. If the Contractor does not comply with a public
records request, the City may enforce this Section to the extent permitted by
law. Contractor acknowledges that if the Contractor does not provide the public
records to the City within a reasonable time,the Contractor may be subject to
penalties under Section 119.10,Florida Statutes. The Contractor acknowledges
that if a civil action is filed against the Contractor to compel production of
public records relating to this Agreement, the court may assess and award
against Contractor the reasonable costs of enforcement, including reasonable
attorney fees.All public records in connection with this Agreement shall,at any
and all reasonable times during the normal business hours of the Contractor,be
open and freely exhibited to the City for the purpose of examination, audit, or
otherwise. Failure by the Contractor to grant such public access and comply
with public records laws and/or requests shall be grounds for immediate
unilateral cancellation of this Agreement by the City upon delivery of a written
notice of cancellation. If the Contractor fails to comply with this Section, and
the City must enforce this Section, or the City suffers a third party award of
attorney's fees and/or damages for violating Chapter 119,Florida Statutes,due
to Contractor's failure to comply with this Section,the City shall collect from
Contractor prevailing party attorney's fees and costs,and any damages incurred
by the City, for enforcing this Section against Contractor. And, if applicable,
41h of July Fireworks Display—Second Addendum-2017
City of Winter Springs—Creative Pyrotechnics,I.LC
Page 3 of 4
the City shall also be entitled to reimbursement of all attorneys' fees and
damages which the City had to pay a third party because of the Contractor's
failure to comply with this Section. The terms and conditions set forth in this
Section shall survive the termination of this Agreement.
(E) Section 6.3 Notices,is amended to reflect the updated name of the city attorney's law firm
to be"Garganese, Weiss&D'Agresta,P.A."
IN WITNESS WHEREOF, the parties hereto caused this Second Addendum to be
executed by their duly authorized representatives as of the date first written above.
CITY:
City of Winter Springs,Florida,
a Florida municipal corpora r
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41h of July Fireworks Display—Second Addendum-2017
City of Winter Springs—Creative Pyrotechnics,LLC
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