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HomeMy WebLinkAboutDeep South Fireworks, LLC 2024-2026 Fireworks Display Agreement 2026 02 10 - First Addendum First Addendum to Fireworks Display Agreement City of Winter Springs and Deep South Fireworks, LLC Page 1 of 6 FIRST ADDENDUM TO FIREWORKS DISPLAY AGREEMENT THIS FIRST ADDENDUM TO FIREWORKS DISPLAY AGREEMENT (First Addendum ) is made this ____ day of ______________, 2026, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation whose address is 1126 East State Road City , and DEEP SOUTH FIREWORKS, LLC, a Florida limited liability company, duly authorized to conduct business in the State of Florida, whose address is 47 Lake Susie Road, Hawkinsville, GA, 31036 Contractor (collectively, the Parties ). RECITALS: WHEREAS, City and Contractor previously entered into that certain 2024-2026 Fourth of July Fireworks Display Agreement (Agreement ) under the terms and conditions contained therein, which was executed on January 29, 2024; and WHEREAS, the Agreement sets forth the terms and conditions related to Contractor s provision of fireworks exhibition services for the City s annual 4th of July Special Event at Central Winds Park; and WHEREAS, the Parties desire to modify the scope of services and payment terms as established in the original Agreement. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties covenant and agree as follows: 1.0 Recitals. The foregoing recitals are hereby deemed to be true and correct and are incorporated herein by this reference as a material part of this First Addendum. 2.0 Modification of Scope of Services. Article 2, Description of Services to be Performed, Section 2.1, Scope of Services, of the original Agreement is hereby stricken in its entirety and replaced with the following: 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 4th of July. Unless otherwise determined pursuant to section 2.1(f) herein, the exhibition shall be on the lakefront at Central Winds Park, 1000 Central Winds Drive, Winter Springs, Florida 32708, on the evening of July 4, 2026 (). The exhibition shall begin at 9:10 P.M. The specific area for staging shall be at a location designated by the City and as indicated on the 10 February First Addendum to Fireworks Display Agreement City of Winter Springs and Deep South Fireworks, LLC Page 2 of 6 and incorporated herein by this reference. (b) Contractor agrees to furnish a duly qualified and experienced pyrotechnist and all labor and equipment necessary for exhibition of pyrotechnics. Each exhibition shall last a minimum of 20 minutes from beginning to end and shall contain a minimum of 2,831 fireworks shells and effects, the size and type specifically set forth and described in B, attached hereto and incorporated herein by this reference. Shells must be launched at a moderate rate at a minimum of every eight-ten seconds or shorter. The fireworks display must be electronically fired, either from a manual control board, or a computer. Seminole County Fire Chief, Fire Marshal, or their designee, reserve the right to inspect and count the shells and compare the actual inventory at the site to the fireworks material list attached as Failure to deliver and shoot all shells as agreed will result in a pro-rated amount being paid to the Contractor. Contractor must provide the City with the cell phone number of the senior staff member that will be on-site to manage the display for communication purposes (c) The fireworks display shall be synchronized to music. Contractor shall work closely with the City in the production of a soundtrack for the fireworks display. The City shall have the ultimate authority to approve of the soundtrack. Contractor will be responsible for all musical scores and the design and choreography. The display must be choreographed to the musical score provided. The selected radio station will broadcast the music at no cost to Contractor. Contractor shall furnish the music CD to radio personnel as needed. The display shall commence with a finale set to the United States National Anthem. (d) Contractor agrees to pay all freight, expenses and cartage charges. The Contractor will deliver all required equipment, mortar tubes, racks, shells, etc., to the location Launch A on the Firework Display Location Map attached as (e) Contractor agrees to pay all traveling and other expenses of pyrotechnist and assistants, which may be necessary for exhibition of pyrotechnics. (f) Contractor agrees that, in the event of rain or inclement weather conditions on an Exhibition Date, the City, at its discretion, may reschedule such performance of the Services to the evening of July 5th immediately following the subject Exhibition Date. Contractor may cancel or delay the start or completion of the Services on an Exhibition Date if, in its professional opinion, continuing the display would violate any laws of any governing bodies or would pose any threat to human life, limb, or property. If Contractor cancels the Services pursuant to this subsection, the City, at its discretion, may reschedule the performance of the Services to the evening of July 5th immediately following the subject Exhibition Date. First Addendum to Fireworks Display Agreement City of Winter Springs and Deep South Fireworks, LLC Page 3 of 6 (g) Any additional reasonable and actual out-of-pocket expenses that are incurred by the Contractor due to postponement of the Exhibition Date 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 five (5%) percent of the price of this contract. (h) The City will not reschedule the fireworks display past July 5th unless mutually agreed upon by all Parties in writing. If an Exhibition Date fireworks display is cancelled due to torrential rain, severe lightning, sustained winds of 15 MPH or greater, or if a significant weather hazard exists which in the opinion of the Contractor or the City would pose any threat to human life, limb, or property, and the parties do not mutually agree within 30 days to reschedule such cancelled Services, the Contractor will return fifty percent (50%) of the deposit for the cancelled Services to the City. (i) Contractor agrees to procure, at its sole expense, any and all permits or licenses that may be required by governmental authorities, including but not limited to: i. General Public Display License; ii. Federal Explosive License issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and iii. Basic Commercial Licenses for all pyrotechnicians providing the fireworks display. (k) All fireworks shall be performed according to the National Fire Protection Association Code for the Outdoor Display of Fireworks, NFPA Standard 1123, 1995 edition. i. Regulations. Contractor must perform all work in strict accordance with all applicable Federal, State, and Local laws and regulations. ii. Storage. With prior arrangements, the City will provide overnight security for fireworks the night before the display and one additional night if the display is postponed to the following evening. 3.0 Modification of Payment Terms. Article 3, Compensation Payment Terms, Section 3.1, Compensation, of the original Agreement is hereby stricken in its entirety and replaced with the following: 3.1 Compensation. For the performance and full completion of the Services specified herein, City agrees to pay Contractor a total amount of FORTY THOUSAND DOLLARS AND 00/100 ($40,000.00) for the display conducted pursuant to this Agreement. The City shall provide a deposit in the amount of TWENTY THOUSAND DOLLARS AND 00/100 ($20,000.00) on or before March 1, 2026. The City shall pay Contractor for the remaining amount due (TWENTY First Addendum to Fireworks Display Agreement City of Winter Springs and Deep South Fireworks, LLC Page 4 of 6 THOUSAND DOLLARS AND 00/100 ($20,000.00)) following the successful completion of the exhibition. There shall be no other compensation due Contractor for the Services provided under this Agreement unless specifically agreed to by the City in writing. 4.0 Other Terms and Conditions.Any other term or condition of the Agreement not expressly modified by this First Addendum shall remain in full force and effect. IN WITNESS WHEREOF, the Parties cause this First Addendum to be executed by their respective authorized officials. CITY OF WINTER SPRINGS DEEP SOUTH FIREWORKS ____________________________ ________________________ Kevin Sweet Devin Vargas City Manager Owner Date: __________ Date: __________ First Addendum to Fireworks Display Agreement City of Winter Springs and Deep South Fireworks, LLC Page 5 of 6 EXHIBIT A First Addendum to Fireworks Display Agreement City of Winter Springs and Deep South Fireworks, LLC Page 6 of 6 EXHIBIT B Total Show Count Broken down per size: .25-- 2,300 Shots - 360 - 72 - 54 - 45 Total Shot Count: 2,831