HomeMy WebLinkAboutPyrotecnico Industries-7/4/2004 Public Event Exhibition Agreement-2004 04 22
CITY OF WINTER SPRINGS
4TH of JULY FIREWORKS DISPLAY CONTRACT
THIS AGREEMENT is made this,acmlday odJ~.LL ,2004 by and
between the CITY OF WINTER SPRINGS, FLORiiiA: a Florida Municipal
Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida
("City") and S. Vitale Pyrotechnic Industries, Inc, a Pennsylvania Corporation D/B/A!
Pyrotecnico of Florida; 302 Wilson Road, New Castle, PA 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 of the mutual 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. Vitale Pyrotechnic Industries, Inc, D/B/A
Pyrotecnico of Florida, LLC of Tampa, 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 to 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.
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page I of 10
(f) "Services" shall include the performance of the Services outlined In
Article 2 of this Agreement.
1.2 Ene:ae:ement. 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 of the parties
hereto unless incorporated in this Agreement.
1.3 Due Dilie:ence. The Contractor acknowledges that it has investigated prior to
execution of the 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 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 it
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 (alk/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 lakefront on the evening
of July 4, 2004 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 thirty (30) minutes and shall contain a minimum
of 4,000 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 4th 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.
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 2 of 10
( e) Contractor agrees to provide and operate a computer firing system and
musical score produced by Mike Morgan, no later than June 14, 2004.
Contractor will review and coordinate musical score with City and
Equipment Contractor.
(f) Contractor agrees that, in the event of rain or inclement weather, a
postponement may be made by the City, at its discretion, the rain date will
take place on July 5, 2004. 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 of the 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.
(h) Contractor agrees, at its expense, to procure 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 Submittal of Profress Reports. Upon request by the City, Contractor shall
submit a written progress report as to the status of all Services set forth in the Agreement.
The report shall in a sufficient manner demonstrate what services were perforriled under
this Agreement. If the 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 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.
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 3 of 10
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 $ 24,000.00. Full
payment shall be made by the City to the Contractor prior to the display upon receipt of a
proper written invoice. 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 ofthe City
Winter Springs, 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 Undertakin2:. 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 contractor, between the City, on one hand, 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) Arrange for access to public and private property by the Contractor as
necessitated by the Services.
(c) To provide, with the assistance of Contractor, the location of an area at
Central Winds Park which can be considered a "Safe Firing Site".
(d) City agrees to furnish and set up rope lines and other reasonable crowd
control safeguards for the protection of the public and contractor.
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 4 of 10
(e) City agrees to furnish ample police presence to provide crowd control for
the protection of the public and Contractor.
ARTICLE 5
SUBCONTRACTS: ASSIGNMENT
5.1 Assh!nment and Snbcontractinl!. 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 Governinl! Law: Venne. 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.
6.2 Contractor's Representative. The Contractor shall be 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
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 5 of 10
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:
Mr. Ronald W. McLemore
City Manager
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, Salzman & Weiss, & Garganese, 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 of Florida
302 Wilson Road
P.O. Box 149
New Castle, PA 16103
(877) 924-0102 (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 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
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 6 ofl Q
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 Aereement. 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.
6.9 Attornev'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 Aereement. This Agreement represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 7 of 10
Agreements, either oral or written, and all such matters shall be deemed merged into this
Agreement.
6.11 Soverei2:n Immunitv. 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 .
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 Liabilitv/Malpractice General Liabilitv. 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, 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 coverage's. For all Services performed
pursuant to this Agreement, the Contractor shall continuously maintain such insurance in
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 8 of 10
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 form 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 it sole choice, the fees for which shall be reasonable and
subject to and included with this indemnification provided herein. This paragraph 8.4
shall service 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 Bv 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 in cured, 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 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 bv Contractor. With at least five (5) days written notice to the
City, Contractor may terminate this Agreement if the City Fails to make any payment of
compensation due Contractor under this Agreement.
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyroteclmic Industries, Inc.
Page 9 of 10
9.3 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.
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 ofthe City.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be
executed by their duly authorized representatives as of the date first written above.
p. am~~~...~l
j)A~~
PrintName:?>e..hra /;-a/} ~;;'1
CITY:
CITY OF WINTER SPRIN\iS, FLOltlDA
By: /~W~~
Ronald w. McLemore
Title: City Manager
Dated:
CONTRACTOR:
yrotechnic Industries, Inc.
nico of Florida
4th of July Fireworks Display Contract
City of Winter Springs - S. Vitale Pyrotechnic Industries, Inc.
Page 10 of 10
CITY OF WINTER SPRINGS 4TH OF JULY FIREWORKS DISPLAY CONTRACT
EXHIBIT "A"
BODY
TWO & ONE 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
?0 -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
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 Chrysanthemum Shells with Pistol and Tails
**** SALES ORDER **** PAGE: 1
PYROTECNICO OF FLORIDA, LLC ORDER NUMBER: FL32000
d/b/a GREAT SHOW ORDER DATE: 02/12/03
P.O. Box 310
New Castle, PA 16103
(813) 818-7714
SALESPERSON: JF
CUSTOMER N0: Ol-WNTSPG
SOLD TO:
City of Winter Springs
1126 East State Street 434
Winter Springs FL 32708
SHIP T0:
City of Winter Springs
1126 East State Street
Winter Springs FL 32708
CONFIRM T0: .
Mr. Chuck Pula
--------------------------------------------------------------------------------
CUSTOMER P.O. SHIP VIA F.O.B TERMS
NO TERMS
--------------------------------------------------------------------------------
ITEM N0. UNIT ORDERED SHIPPED BACK ORD PRICE AMOUNT
-------------------------------------------------------------------------------
/M 15,000.00
1 - Special Aerial Display
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: 15,00.0.00
ACOflDM CERTIFICATE OF LIABILITY INSURANCE 02/12/031YY)
PRODUCER 1-440-248-4711 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
6240 SoM Center Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Solon, off 44139 INSURERS AFFORDING COVERAGE
Eric Treend
INSURED INSURER A: Lexington Insurance Company
Pyrotecnico "
INSURER B: Granite State Insurance Co.
P.O. Box 149 INSURER G:
New Castle, PA 16103 INSURER D: -
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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE i POLICY EXPIRATION ' LIMITS
A I GENERALLIABILITY 2159236 12/31/02 '; 12/31/03 EACH OCCURRENCE $ 1000000
X '. COMMERCIAL GENERAL LIABILITY I' ~ ,FIRE DAMAGE (Any. one fire) l $ 50000 _ _. --
~I CLAIMS MADE ~ I, OCCUR ~ ' MED EXP (Any ona person) $ _
---
t-J I - -
T
. I $ 1000000
PERSONAL & ADV INJURY
I.
1 GENERALAGGREGATE $2000000
GEN'LAGGREGATELIMITAPPLIESPER:~i ~PRODUGTS-COMP/OPAGG $2000000
I
I----, PRO-
POLICY LOC ~
B ~I AUTOMOBILE LIABILITY
` CA938339-1 12/31/02 ~, 12/31/03
' COMBINED SINGLE LIMIT
$ 1000000
i
X ~. ANY AUTO I ~ (Ea accident)
_i ____
i
' ALL OWNED AUTOS
~~
~' BODILY INJURY
$
.
SCHEDULED AUTOS ~
' ~ (Per person) ~
. _ __
Xli HIRED AUTOS
-' BODILY INJURY ~
~ $
'
X i NON-OWNED AUTOS ~'
!
~ (Per accident)
_
- ---..__
.- I
I ._. __...-_.._-- ---
~.~ _ '~
I PROPERTY DAMAGE $
(P~r accident)
GARAGE LIABILITY ~ AUTOONLV-EA ACCIDENT
I $
~ ANY AUTO OTHER THAN EA ACC $ --
_ ;
'I AUTO ONLY: AGG $
A EXCESS LIABILITY 5642398 I 12/31/02 12/31/03 EACH OCCURRENCE $ 9000000
. X OCCUR f ~ CLAIMSMADE AGGREGATE $ 9000000
__~ L-- I
~; DEDUCTIBLE $
~
X 'RETENTION $ 10000 $
~
WORKERS COMPENSATION AND ORY IMITS I ER
~~,, EMPLOYERS' LIABILITY ~ ,. __
~' ~ E L EACH ACCIDENT ~' $
i
'
~ ~ C L DISEASE - EA EMPLOYEE
$
N
~ ~ E.L. DISEASE -POLICY LIM
I OTHER
I
DESCRIPTION DF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONSADDED 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 ADDITIDNALINSURED;INSURERLETTER: CANCELLATION
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Winter Park DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Mr. Chuck Pula IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1126 Eaet State Road 434
REPRESENTATIVES.
Winter Springs, FL 32708 AUTHORIZED REPRESENTATIVE 1~ _~,:~ I
USA Wit;:;, ~.:,,:;Y, ; 1--_
ACORD 25-S (7/97) PYROKIM
957862
0 ACORD CORPORATION 1988
February 12, 2003
Mr. Chuck Pula
City of Winter Springs
1126 East State Street 434
Winter Springs, FL 32708
Dear Mr. Pula:
\II~~
~'~/I I~
R I
Bringing the night to light!
Enclosed please the signed and executed contract for July 4~h, 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.
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.
Sincerely,
Pyrotecnico
~~~z ~~
Kimberly E. Ceyrolles
Display Coordinator
KEC
HEADQUARTERS
New Castle, PA
Phone: 1-800-854-4705
Fax: 1-724-652-1288
P.O: Box 149
New CasNe, 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
Fox: 1-813-814-9445
New England
Phone: 1-800-550-7976
1-603-532-4040
Fax: 1-603-532-4441
www.pyrotecnico.com
.J °.
Exhibit A
SPECIAL ENTERTAINMENT PRESENTATION
ROPOSAL
,
,
,
,
,
,
,
CITY OF WINTER SPRINGS
"FOURTH OF JULY"
WINTER SPRINGS, FLORIDA
JULY 4TH, 2004
$24,000.00* AERIAL DISPLAY PRESENTATION
*Does Not Include any permit, fire watch, or security fees as required by the government.
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 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
6 - 1
PyROTf(\\/(O
SPECIAL ENTERTAINMENT PRESENTATION
CITY OF WINTER SPRINGS
"FOURTH OF JULY"
WINTER SPRINGS, FLORIDA
JULY 4TH, 2004
$24,000.00* AERIAL DISPLAY PRESENTATION
*lJoes Not Include any permif7 fire watch7 or security fees as required by the government.
BODY
FOUR INCH SHELLS
100 - Tiger Tails
110 - Multi Color Star Shells
100- Fancy and Color Changing Shells
10 - Special Effect Shells
10 - Variegated Crackling Shells
10 - Pattern Shells
10 - Assorted Stickless or Comets
FIVE INCH SHELLS
80 - Multi Color Star Shells
80 - Fancy and Color Changing Shells
14 - Special Effect Shells
14 - Variegated Crackling Shells
12 - Pattern Shells
SIX INCH SHELLS
40 - Multi Color Star Shells
30 - Fancy and Color Changing Shells
10 - Special Effect Shells
10 - Variegated Crackling Shells
10 - Pattern Shells
EIGHT INCH SHELLS
5 - Color Changing Chrysanthemum Shells with Pistol and Tails
5 - Color Changing Peony Shells with Pistils and Tails
5 - Pattern Shells
5 - Assorted Color Changing: Kamuro,
Diadems, and Willows with Large Raising Tails
Pv!-otecnico! 12/2CUi-
6-2
PyROTf(\\/(O
TEN INCH SHELLS
2 - Color Changing Chrysanthemum Shells with Pistils and Tails
2 - Color Changing Peony Shells with Pistils and Tails
2 - Pattern Shells
2 - Assorted Color Changing: Kamuro,
Diadems, and Willows with Large Raising Tails
LOW LEVEL PRESENTATION
2 - 3", 25 Shot Brocade Crowns
2 - 3", 25 Shot Twinkling Kamuro
GRAND FINALE PRESENTATION
700 - 3" Assorted Color Star Shells with Titanium Salutes
42 - 4" Color Changing Chrysanthemum Shells
20 - 5" Two Color Peony Shells
12 - 6" Large Multi Colored Chrysanthemum Shells
2 - 8" Color Changing Peony Shell with Pistils and Tails
1 - 10" - Pattern Shell
P',Totecn:cc' 1 1
6-3
PyROTE(\\/(O
SPECIAL ENTERTAINMENT PRESENTATION
CITY OF WINTER SPRINGS
"FOURTH OF JULY"
WINTER SPRINGS, FLORIDA
JULY 4TH, 2004
$24,000.00* PRESENTATION RECAP
*[}oes Not Include any permit, fire watch7 or security fees as required by the government.
Body
350 - Four Inch Shells
200 - Five Inch Shells
100 - Six Inch Shells
20 - Eight Inch Shells
8 - Ten Inch Shells
Low Level Presentation
4 - Three Inch Display Boxes
Grand Finale
700 - Three Inch Shells
42 - Four Inch Shells
20 - Five Inch Shells
12 - Six Inch Shells
2 - Eight Inch Shells
1 - Ten Inch Shells
6-4