HomeMy WebLinkAboutPyrotecnico Fireworks, Inc. Second Addendum to 2019, 2020, 2021 Fourth of July Fireworks Display Agreement - 2021 07 21 SECOND ADDENDUM TO THE
2019,2020, 2021 FOURTH OF JULY
FIREWORKS DISPLAY AGREEMENT
THIS SECOND ADDENDUM TO THE 2019, 2020, 2021 FOURTH OF JULY
FIREWORKS DISPLAY AGREEMENT ("SECOND ADDENDUM") is made this day
of J-v i 2021 by and between the CITY OF WINTER SPRINGS, FLORIDA, a
Florida m micipal corporation, whose address is 1126 East State Road 434, Winter Springs,
Florida, 32708 ("City") and PYROTECNICO FIREWORKS, INC., a Foreign Profit
Corporation,whose principal address is 299 Wilson Road,New Castle, PA 16101 ("Contractor").
RECITALS:
WHEREAS, the City and Contractor previously entered into the 2019, 2020, 2021
FOURTH OF JULY FIREWORKS DISPLAY AGREEMENT ("Agreement")for the purpose
of securing Contractor's services for the public exhibition of pyrotechnics(a/k/a fireworks display)
during the City's annual celebration of the Fourth of July, as further detailed in the Agreement;
and
WHEREAS, due to the unanticipated pandemic of COVID-19 and in adhering to the
Executive Orders of both Governor Ron DeSantis and Seminole County,and following the Centers
for Disease Control and Prevention ("CDC") guidelines issued at the time, the parties revised the
Agreement and executed a First Addendum to the 2019, 2020, 2021 Fourth of July Fireworks
Display Agreement to reschedule the intended July 4, 2020 Exhibition Date to instead take place
on September 5,2020; and
WHEREAS, prior to the rescheduled September 5, 2020 Exhibition Date, the parties
agreed to cancel such performance due to circumstances relating to COVID-19; and
WHEREAS,given the cancellation of the September 5,2020 Exhibition Date,and a desire
for three pyrotechnics Exhibition Dates as previously agreed, the parties desire to further revise
the Agreement to provide for a July 4, 2022 Exhibition Date as provided for herein; and
NOW THEREFORE, 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:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein as a material part of this Second Addendum.
Section 2. Scope of Services. Section 2.1 (a), Scope of Services, of the Agreement shall be
hereby deleted and replaced with the following:
2.1 Scone of Services. The Services to be performed under this Agreement are as follows:
Page 1 of 2
Second Addendum to the 2019,2020,2021 4tn of July Fireworks Display Agreement
City of Winter Springs—Pyrotecnico Fireworks,Inc.
(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 4t1i of July. Unless otherwise determined pursuant to section
2.1(e) or(f)herein, the exhibitions shall be at Central Winds Park on the lakefront
on the evenings of July 4, 2019, July 4, 2021 and July 4, 2022 (collectively
"Exhibition Dates"), each beginning at 9:10 PM. The specific areas for staging
shall be at locations designated by the City and reasonably approved by Contractor.
Section 3. Other Terms and Conditions. Any other term or condition of the Agreement not
expressly modified by this Second Addendum shall remain in full force and effect.
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.
AGREED:
CONTRACTOR: CITY:
Pyrotecnico Fireworks,Inc. City of Winter Springs,Florida,
a foreign profit corporation. a Florida municipal corporation.
Shawn Boyle, ity anager
Lynn Ann Hamed,Corporate Secretary
Dated:July 20,2021 Dated: �f al o2C �
Page 2 of 2
Second Addendum to the 2019,2020,20214'of July Fireworks Display Agreement
City of Winter Springs—Pyrotecnico Fireworks,Inc.