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HomeMy WebLinkAbout2002 03 11 Consent B Fireworks Display Contract COMMISSION AGENDA ITEM B CONSENT X INFORMA TIONAL PUBLIC HEARING REGULAR 3/11/2002 Meeting MGR. R---.r /DEPT c1). Authorization REQUEST: The Parks and Recreation Department is requesting the City Commission to accept the best bid that meets the needs of the City And authorize the City Manager to execute a contract with the approved bidder for a fireworks display on July 4, 2002. PURPOSE: The purpose of this agenda item is to obtain commission approval to accept and execute a contract for a Fireworks Display on July 4, 2002. CONSIDERA TIONS: . Last year Great Show came to Winter Springs and provided a very good Fireworks Display on very short notice at a cost of $ 13,000. . Request for proposals for the Winter Springs 4th of July Display 2002 were advertised in December 2001. . 2 addendum's were sent out in early January 2002. 1. Allowed racking of fireworks. 2. Required a site visit prior to bidding and allowed deviation from shell count, size, and amount for safety issues. . Four Firework Display Companies bid a total of 6 alternate proposals 1 Total Shell Count 3in - 8in Site Alternative Price Main Grand Racked Trenched Manual Electric Visited Prior Bidder ProDosal Show Finale Shells Shells Fire Fire Duration To Bidding 862 1,050 Great Show 1 $ 13,500 No Yes Yes No 27 Mins. Yes Plus Also Included in Bid 600 1,200 1.5" Cake 1.5" Cake Melrose 1 $ 20 000 889 620 Yes No No Yes 30 Mins. Yes 1 $ 30,000 1,750 1,241 Zambelli 2 $ 25,000 1,406 982 3 $ 20 000 1,108 794 Yes No No Yes 30 Mins. Yes Chameleon 1 $ 36 500 1756 1250 No Yes No Yes 30 Mins. No Last Year 4th of July By Great $ 13,000 1,146 824 No Yes Yes No 22-25 No Show Mins. . Staff recommends acceptance of Great Shows Proposal. FUNDING: $ 13,500 from Account # 7240-5480 - Promotional Activities, July 4TH RECOMMENDA TION: Authorization of the City Manager to enter into a contract with Great Show/Pyrotechnico of Florida, L.L.C. to provide fireworks for July 4,2002 at a cost of $ 13,500. IMPLEMENTATION SCHEDULE: July 3, 2002 July 4, 2002 Execute Contract. Great Show checks and marks site and obtains and reviews sound track. Initial Setup. Final setup, Coordination, Display of show, and Removal. March 2002 June 2002 2 ATTACHMENTS: Attachment #1 Attachment #2 COMMISSION ACTION: RFP 006-02/GD Proposal Great Show/Pyrotechnico of Florida, L.L.C. Proposal and back up information. 3 ATTACHMENT Iff ....---::--- t~~~'" s /~ / ~ :.<:L' a: ~-'"," , '''\1). t'it,.:(, 'r<\ y~ u( :. ,C/) . , .'. \ \lnrcorrOl......ott'ii ", . 'I. IQf\Q L)~ '- " '---:~:~// CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone: (407) 327-1800 Fax: (407) 327-4753 E-mail: contaclus@winterspringsfl.org REQUEST FOR PROPOSAL NUMBER: RFP-006-02/GD WINTER SPRINGS 4TII OF .JULY FIREWORKS DISPLAY PROPOSALS DUE: JANUARY 30, 2002 Proposal Closing Was Called By: Gene DeMarie, General Services/Purchasing Department Director Proposals Opened: 3:00 p.m. Proposals Closed: 3: 18 p.m. Witness: Chuck Pula, Parks and Recreation Department Director Debbie Gillespie, Deputy City Clerk Four (4) Proposals Received: I. CHAMELEON PRODUCTIONS AGENT: PAMELA McCORKLE, SALES MANAGER, 7101 PRESIDENTS DRIVE, SUITE 205, ORLANDO, FLORIDA 32809 TELEPHONE: (407) 859-9300 FACIMILlE: (407) 859-9444 PROPOSAL AMOUNT: $36,500.00 2. ZAMBELLI INTERNATIONALE FIREWORKS AGENT: GEORGE R. ZAMBELLI, PRESIDENT, 299 NW 52ND TERRACE, SUITE 118, BOCA RA TON, FLORIDA 33487 TELEPHONE: (800) 860-0955 F ACIMILlE: (561) 395-1799 PROPOSAL AMOUNTS: $30,000.00, $25,000.00, $20,000.00 3. GREA T SHOW / PYROTECNICO OF FLORIDA, L.L.c. AGENT: RANDY J. PRITCHARD, OPERATIONS DIRECTOR, 324 TA VERNIER DRIVE, OLDSMAR, FLORIDA 34677 TELEPHONE: (813) 814-9494 FACIMILlE: (813) 854-2249 PROPOSAL AMOUNT: $13,500.00 4. MELROSE PYROTECHNICS, INC. AGENT: SCOTT FULTON, EVENT PRODUCER, 4652 CAT A WBA RIVER ROAD, PO BOX 209, CA T A WBA, SOUTH CAROLINA, 29704 TELEPHONE: (800) 771-7976 F ACIMILlE: (800) 775-7976 B OP'ZMOUNTS' $30,000.00, $20,000.00 Holly Pierst ff, Assistant To TI City of . ter Springs Copy: Mr. Gene DeMarie, Director, General Services Department Ms. Nancy Vobornik, Purchasing Department Mr. Chuck Pula, Parks and Recreation Department Director S:\dcpt - City Clerk\Docs\ Word\I3IDS\RESULTS\FyO I 02\RFP-006-02 GD.doc Great Show ATTACHMENT 112 Copy A Division of Pyrolecnico of Florida. L.L.C. P. O. Box 1736, Oldsmar, FL. 34677 (813) 814-9494 (813) 854-2249 (Fax) January 27th, 2002 Ronald McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Fl. 32708 . . .' .~... ~,;: ., Dear Ron, Thank you for your letter dated January 16th, 2002. I met with your Parks Director on the 24th of this month. It was ~ productive meeting. The bottom line is that we were able to map out a plan which will give you a fireworks shell count close to what you desire without having to compromise safety . We measured the site and found we can accommodate the shells by using two trenches. 90% of the show will be buried in the ground. This means safety for the crew firing the show as well as safety for the spectators. In this plan everybody wins! In our proposal the quantity of smaller diameter shells has been rearranged to give us a decent quantity of product but not overcrowding the site. Due to N.F.P.A. Codes, 10" and 12" shells are not permitted. In addition, I will come over two weeks in advance of July 4th, 2002 and map out the trench pattern with the Parks and Recreation Department. I am scheduling the crew to arrive in the area on July 3rd to allow them an early start on the set up. They may end up dropping some of the fireworks tubes on the evening of July 3rd. Either way the crew will start setup first thing on the morning of July 4th. I will plan to give this show my special attention so that everything runs smoothly. Regarding my comment on our show being the best ever in Winter Springs. I was just relaying to you what members of the city staff told us, radio station comments, and public comments. If were ranked # 2 in your mind, then I hope we have the opportunity to move into that # I spot in 2002. Thank you for your time and interest in our company. l'lllook forward to hearing many favorable comments from you about the 2002 show. Kindest Regards, M~ v ~y J. Pritchard Great Show / Pyrotecnico of Florida, L.L.C. Maior Firework Displav's - Outdoor & Indoor - Special Effects - T.V./ Movies - Celebrations Licensed - Insured - Certified Technicians - Since 1977 . If.. Great Show / Pyrotecnico of Florida, L.L.C. Proposal for FIREWORKS DISPLAY City of Winter Springs, Florida July 4th, 2002 - Display Cost: $13,500 This PROPOSAL is based upon a site review on 1/24/02. The proposed Fireworks totals reflect the maximum amount of fireworks that can be place on the site without excessive risk. The site may utilize some 8~1 shells. Shells above 8" are prohibited by N.F.P.A. Codes. 8" shells are limited to those that can be angled away from the crowd AND safely ignited Estimated about 12 - 8" shells maximum. Main Bodv: Estimated Duration- 22 minutes (suggested duration) Cakes(l S") 600 2,S" / 3" - 300 4" 225 5" 175 6' 150 8" 12 Total Main Body 1,465 shells Grand Finale: Estimated Duration - 4-5 minutes (suggested duration) Cakes (1.5''') 1200 2S' I 3" 700 4" 200 5" 75 6" 75 T ota! Grand Finale 2,250 shells The crew should arrive in Winter Springs on July 3rd. The crew may put some tubes in the ground on July 3rd evening. 111is proposal utilizes all in-ground tubes for 4",5",6", and 8". (safest system) Great Show acknowledges 2 adden.durns received as part of this proposal. 50% deposit to confmn the show. Balance Due July 4th, 2002 Crew cost (labor), set up, display of show, tear down and all materials included. Great Show will come m'o Winter Springs 2 weeks prior to mark site with flags (trench) 50% deposit forfeited if display cancelled and not rescheduled within 90 days. Re-scheduled display shall have a 15% charge to reset display on another day if the July 4th show has been set up (part or full) and is rescheduled to another day within 90 days. This price and Proposal valid Wltil February 281h, 2002. Insurance provided is minimum $ 5,000,000. General Liability PIIPD FEB-11-2002 15:24 97% P.05 ! I Greatj Show I A DiV1s1on of Pyl:olqcnico of Florida. L.L.C. P. O. Box 1736, Oldsmar, FL. 34677 (813) 814-9494 (813) 854-2249 (Fax) To: Chuck Pula City of Winter Springs I From: Randy Pritchard I Great Show Fireworks I Pyrotecnico QfFl. \ I i I i i This :is to advise you that we are allowing a ~id extension on the RFP 006-02/GD to March 31 st, 2002. / ! I I Thanks you for your time and considerationlin considering our proposal. I I I ! Re: Bid Extension ~ ._/J=~f/ ~ an; J. Pri~bard Pyrotecnico of Florida, L.L.C. DBA Great Show Ma oor s' etlI- T.V. I Movies C rations ertified Technicians - Since 1977 I Great Show A DIVIsion of Pyrotecnlco of Florida. L.L.C. P. O. Box 1736, Oldsmar, FL. 34677 (813) 814-9494 (813) 854-2249 (Fax) February 2811\ 2002 To: Chuck Pula City of Winter Springs From: Randy Pritchard Pyrotecnico of FI. I Great Show Re: July 41h Fireworks Regarding the Music Soundtrack for this display, This letter acknowledges that you will provide our company with a music soundtrack to accompany the fireworks show on th July 4 , 2002. " In order to coordinate this music with the show, we must have the music soundtrack in hand by no later than June 15th, 2002. Great Show Fireworks I pyrotecnico uses a variety of fireworks from around the world. The fireworks used in your display will be carefully selected from the attached list. We thank you fOf your interest in Great Show Fireworks / Pyrotecnico. tr~ ~y J. Pritchard Director of Operations Pyrotecnico of Florida / Great Show Malor F1reworl< DlsDIav's - Outdoor & Indoor - SDeclal Effects - T .V.I Movlel- Celebrations Licensed - Insured - Certified Technicians - Since 1977 PYROTECNICO The Main Body of the Program The main body of the display will be composed of a large variety of aerial display shells from the finest manufacturers from America and around the world. Truly an International selection of Fireworks I PYROTECNICO "DESIGNER" DISPLA Y SHELLS 3 Inch 4 inch 6 inch 6 inch Included Included included Included The varletles Included are: Glittering Tiger Tall or Spider Web or Silver TwInkler to Ruby Glittering Tiger Tail or Spider Web or Sliver Twinkler to Emerald Glittering Tiger Tail or Spider Web or Sliver Twinkler to Sapphire Glittering Tiger Tall or Spider Web or Sliver Twinkler to Variegated Glittering Tiger Tail or Spider Web or Sliver Twinkler to Sunflower Glittering Tiger Tall or Spider Web or Sliver TwInkler to Tangerine Glittering Tiger Tail or Spider Web or Sliver Twinkler to Gold Strobe Glittering Tiger Tall or Spider Web or Silver Twinkler to Silver Twinkling Snow Flake TwInkling Snow Flake With Ruby, Emerald or Sapphire Gold Strobe Gold Strobe with Ruby, Sapphire, Amethyst or Emerald Tourbllllons and Whistles with Ruby, Blue or Emerald White Magnesium Stroblng Willows Red Magnesium Stroblng Willows Green Magnesium Strobing Willows Yellow Magnesium Stroblng Willows Red Magnesium Willows Blue Magnesium Willow Green Magnesium Willows Orange Magnesium Willow Three Color Change Three Color Combinations Treasure Chest Glittering Gold Hour Glass with Blue Ring Glittering Gold Hour Glass with Red Ring Glittering Gold Hour Glass with Green Ring Glittering Gold Hour Glass with Purple Ring PYROTECNICO PYROTECNICO PERFORMANCE CLASS 3 Inch 4 Inch 5 Inch 6 inch included included included Included The varieties included are: Red and Blue Peony Green and Purple Peony Gold and Green Peony Sliver and Red Peony Red and Green Chrysanthemum Green and Purple Chrysanthemum Sliver and Red Chrysanthemum Half & Half, Red and Blue Half & Half, Red and Green Half & Half, Blue and Green Blue to Red Peony Red to Silver Chrysanthemum Blue to Green Chrysanthemum Purple to Green Chrysanthemum Red Chrysanthemum Purple Chrysanthemum Blue Chrysanthemum Red, Silver and Blue Peony Purple to Green Peony Gold Willow to Red Gold Willow to Green Red to Sliver Peony Blue to Green Peony Red, Silver and Green Peony Yellow, Purple and Green Peony Gold Crackling Willow Glittering Silver Willow to Red Glittering Sliver Willow Silver Crackling Willow Glittering Gold Willow Glittering Gold Willow to Green Glittering Gold Willow to Crackling Red Peony with Sliver Pistil Blue Peony with Silver Pistil Red Peony with Crackling Pistil Sliver Chrysanthemum Sliver Comets Blue Peony with Green Pistil Purple Comets Green Comets Blue Peony with Red Pistil Gold Strobe and Green Peony Green Chrysanthemum Gold Comets Green to Gold with Sliver Pistil Gold Strobe and Blue Peony Purple Peony Purple Peony with Sliver Pistil Red and Blue Comets Red and Silver Comets PYROTECNICO PYROTECNICO "CUSTOM" PA TTERN AND SPECIAL EFFECTS 3 Inch Included 4 Inch Included 6 Inch Included 6 Inch Included The varieties Included are: Brocade Diadem Willow Brocade Diadem Willow with Flowers Brocade Diadem Willow with Reports Brocade Diadem to Glittering Silver Brocade Diadem Willow Brocade Diadem Willow Golden KamurO Golden Kamuro to Silver Golden Kamuro to Red Golden Kamuro with Palm Core Golden Kamuro with Stroblng Core Golden Kamuro with Flowers Golden Kamuro with Titanium Reports Variegated Bees Red Single Ring Blue Single Ring Green Single Ring Yellow Single Ring Silver Wave Ring Purple Single Ring Red and Blue Double Ring Red and Green Double Ring Purple and Green Double Ring Red and Sliver Double Ring Red, Sliver and !;slue Triple Ring Red, Green and Silver Triple Ring Golden Palm Tree with Large Tall Sliver Palm Tree with Large Tall Sliver Palm Tree Shell of Shells wI Tall Purple Peony with Flowers (Shell of Shells) Red Peony with Flowers (Shell of Shells) Blue Peony with Flowers (Shell of Shells) Red and Blue Peony with Flowers Variegated Peony with Flowers Thousand Flash Reports (Shell of Shells) Brocade Diadem Willow to Gold Strobe Glittering Silver Crossette Glittering Gold Crossette Red and Blue Bees Red and Silver Bees Red and Blue Crossettes Green and Red Crossettes Three Concentric Rings Red Magnesium Go-Getters Green Magnesium Go-Getters Sliver Magnesium Go-Getters Variegated Magnesium Go-Getters Purple Magnesium Go-Getters Sliver Comets to Reports Parachutes with Red Flares Parachutes with Green Flare Parachutes with Red & Green Flare PYROTECNICO PYROTECNICO COMPETITION GRADE 3 Inch Included 4 Inch Included & Inch Included 6 Inch Included The varieties Included are: Red Peony with Sliver Pistil Blue Peony with Red Pistil Green and Red Peony Green and Purple Peony Red Peony Enlaced with Silver Blue Peony Enlaced with Sliver Purple Peony Enlaced with Sliver Gold Waves Silver Waves Green Waves Yellow Waves Gold Strobes Red Strobes Green Strobes Variegated Strobes Humming Bees Five Timed Reports Variegated with Silver Rain Red with Silver Rain Blue with Silver Rain Blue to Red wI Rising Tails Green & Glittering Gold wI Rising Tall Purple & Gold with I Rising tall Green With Serpents Blue with Serpents Bees and Whistles Fish and Whistles Thunder and Rainbow Hummers Chrysanthemum with Palm Center Gold to Green wlth Crackling Center Blue to Sliver with Crackling Center Palm Tree with Silver Tall Palm Tree with Golden Tall Half Red, Half Blue Gold Wave Chrysanthemum wi Blue Gold Wave Chrysanthemum To Red Willow with Reports In Center Blue Shell of Shells Red Shell of Shells Assorted Color Shell of Shells Variegated Color Shell of Shells Red, White & Blue Shell of Shells Thousand Flash Reports Variegated with Sliver Rain Golden Kamuro Chrysanthemum PYROTECNICO PYROTECNICO AMERICAN DESIGN LARGE DIAMETER D/SPLA Y SHELLS 8 Inch Included 10 Inch nla 12 Inch nla The varieties Included are: Golden Dahlia Willow (The Glitter Drifts to Ground. Only Used over Water) Sliver TwInkler to RUby to Sliver TwInkling Snow Flake TwInkling Snow Flake to Ruby to TwInkling Snow Flake Glittering Tiger Tall to Ruby to Sliver Sliver TwInkler to Blue to Ruby Glittering Tiger Tall to Ruby to Silver TwInkler Willow Diadem to Sapphire to Ruby to Silver Twinkler Willow Diadem to Sapphire to RUby to TwInkling Snow Flake Sapphire to Yellow Sunflower Emerald to Sapphire to Ruby TIger Tall to Sapphire to Emerald Glittering Tiger Tall to Purple to Silver TwInkler Sliver TwInkler to Emerald Sliver TwInkler to Ruby Sliver TwInkler to Bille Sliver Twinkler to Willow Diadem to Ruby Tiger Tall to Emerald to Lilac Golden Dahlia Willow to Ruby Golden Dahlia WIllow to Emerald Sapphire to Willow Diadem to Sapphire Emerald to Willow Diadem to Ruby Willow Diadem to Gold Strobe Golden Dahlia to Mint Green with Gold Strobes Golden Dahlia to Ruby with Gold Strobes PYROTECNICO PYROTECNICO INTERNA TIONAL DESIGN LARGE DIAMETER DISPLA Y SHELLS 8 Inch included 10 Inch nla 12 Inch nla The v8rl9ties Included 8re: Brocade Diadem Willow with Flowers Four Color Change Peony with Double Pistil and Rising Tall Brocade Diadem Willow to Purple with Rising Tall Brocade Diadem Willow to Red with Coconut Pistil Brocade Crown Chrysanthemum with Large Tall Giant Glittering Gold Willow With Large Golden Tall Four Color Change Peony with Color Change Pistil and Rising Tall Giant Glittering Gold Willow to Crackling with Red PIstil and Large Golden Tall Silver Willow to Red with Large Silver Tall Golden Kamuro with Golden Tall Brocade Diadem Willow with Palm Flower Core with Rising Tall Brocade Diadem Willow to Green with Rising Tall Brocade Diadem Willow with Thousand Reports Core Giant Glittering Sliver Willow With Large Silver Tall Silver Willow to Blue with Large Sliver Tall Thousand of Thunder and Lightning with Coconut PiaU! Brocade Diadem Willow with Palm Flower Core and Rising Tall Thousand of Red, Sliver and Blue Chrysanthemums (Shell of Shells) Giant Sliver Crossettes Giant Gold Crossettes Thousand of Blue Chrysanthemums (Shell of Shells) Thousand of Red Chrysanthemums (Shell of Shells) Half Red, Half Blue Peony Half Red, Half Green Peony Thousand of Purple Chrysanthemums (Shell of Shells) Thousand of Variegated Chrysanthemums (Shell of Shells) Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 959B; Jun-4-02 5:07PM; Page 4 " CITY OF WJNTER SPRINGS 4lb of JULY FlREWORKS DISPLAY CONTRACT THIS AGREEMENT is made this.9-t,day of :rUiUt ,2002 by and between tlle CITY OF WI1'ITER SPRINGS, FLORIDA, a Florida Municipal Corporation, whose address is 1126 East State Road 414, Winter Springs, Florida ("City"), and PYROTECNICO of FLORIDA, L.L.C., d/b/a GREA T SHOW, whose address is P.O. Box 1736, Oldsmar, Florida 34677. ("Contractor"). RECITALS: WHEREAS, the Contractor desires to provide to the City certain service~ under the t~rms and conditions set fonh 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 h.ereby 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, a~ amended from time to time, which shall constitute authorization for the Contractor to provide the services state.d herein to the City. (b) "City" is tbe City ofWint.er Springs, Florida, a Florida Municipal Corporation. (c) "Contractor" shall mean PYROTECNICO of FLORIDA, L.L.c., d/b/a GREA T SHOW and any employees, contractors, or agents thereof (d) "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the dale 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 Section 119.0 1'1 (I), Flor;da Statutes. Page I of 11 . Sent 8y: 8AOWN,WAAD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-4-02 5:08PM; Page 5114 .., (t) "Services" shall include the performance of the Services outlined in Article 2 of this Agreemt:nt. 1.2 Engll&:em.ent. The City herehy engages the Contractor and the Contractor agH~es to perform the Services outlined in this Agreement for the stated fee arrang~ment. No prior or present agreements or representations shall be hindtng upon any of the parties hereto unIe~s incorporated in this Agreement. 1.3 Due Dilil:ence. The Contract.or acknowledges that it has investigated prior to execution of this Agreement and satisfied itself all to t.he conditions affecting the Services, the availability of materia1~ and labor, the cost thereof, the requirements to obtain necessary insurance aod coordinate with utilities as set forth herein, 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 abilities to carefully and faithfully complete the Services within the time set furth. The Contracror will perform its Services with due and reasonable diligence consistent with sound professional practices A RTlCLE 2 DESCRIPTION OF SERVICES TO .6E PE.RFORM ED 2.1 Scope of Services. The Servi(;C:l to be performed under this Agreement are as follows: (a) Contractor agr~~s to furnish the City an outdoor public exhibition of pyrotechnics (a/k/a fireworks display) in a manner which is t.raditionally seen throughout the United States of America on the 41h of July. The exhibition shall be at Cenlral Winds Park on the lake front on the evening of July 4,2001 at. 9:00 P.M. The specific areas for staging shall be at location~ 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 Ill~t approximately thirty (30) minutes and shall contain a minimum of J.. 7 I 5 fireworks shells and effects. The exhihition shall be coordinated with a musical score which shall be played simultaneously with the exhibition of pyrotechnics. The score will be suitable for a traditiona14th of July fireworks event. (e) C<.mtractor 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 pyr<.Jtechnics. Page 2 of 11 . Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun.4.02 5:08PM; (e) Contractor agrees to meet with II City Representative at Central Winds Park approximately one (l) week before the schedule display, at which time Contractor will mark the location of the fireworks trench line. On the morning of July 3,2002 the City will obtain a :i to 4" trenching machine, at it~ sole cost and expense, and a City employee will dig a trench along the marked line, with the supervision of an employee of the Contractor. Contractor will then provide a crew of workers, at its sole cost and expense, to dig the trench line out to the appropriate width. (I) Contractor agree$ that. in the event of rain 01' inclement weather, a postponement may be made by the City, at its discretion, to It date to be detennilled by City, provided such date will not be more than twenty-one (21) days fiJllowing July 4, 2002. Any additional reasonable and actual out~of. pocket expenses that are incurred by the Contractor due to [he postponement may be added to the original contract price, provided, however. such expenses !;hilll not exceed twenty (20%) percent of contract price. (a) Contractor may cancel or delay the start or completiOrt of the fireworks display ifin its professional opinion, to continue the di$play would violate any laws of any governing bodit:s or pose any threat to human life, limb, or property, sllch as high winds, hazards in the firing area, and unauthorized persons entering the firing area. lfContractor cancels the display, in its professional judgment, the display shall be shown at a later date as provided in subparagraph (e) above. (n) City agrees to furnish and set up rope lines and other reasonable crowd control safeguards for the protection of the public- and property. (i) City agrees to furnish ample police presence to provide crowd control for tht: protection of the public and Contractor. (j) Contractor agrees, at its eJl:pense, to procure any and all p~rmits or licenses which may be required by governmental authorities. 2,2 Professionalism. The Contractor shall do, perform and carry oulin a professional manner all Services required to be performed by this Agreement. 2.3 SlIbmittal ot Progress Reports. Upon request by the City, Contractor shall submit a written progress report as to the status of all Services set forth in this Agreement. The report shall in a sufficient manner demonstrate what services were performed under this Agreement. If the detail is not sufficient in tho City Manager's reasonabll: discretion to permit the City to determine the Page 3 of I] Page 6/14 . Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Jun-4-02 5:09PMj Page 7/14 Services pertormed or the manner in which ir i~ heing perfonned; the City may seek more detail from rhe Contractor. 2.4 Warrllotv of Pr()f~~~io"al St'rvices. 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. Tn pursuit of any Services, the Contractor shall supervise and direct the Services. using its best skill and attention and shall enforce strict discipline and good order among its empk)yees and agents. The Contractor shall comply with all laws, ordinances. rules, regulations. and lawful orders orany public authority hearing on the 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 aU costs incident to the Servic~lS. ~xcept as provided herein. ARTICLE 3 COMPENSATION. PAYMENT TERMS 3.' Com.pensation. For the performance and full completion of the Services specit'ied herein, City agree3 to pay Contractor a total amount of$13,500.00. Full payment shaJl be made by the City to the Contractor prior to the display upon receipt ofa proper written invoice. There shall be no other cnmpensation due Contractor tor the Services provided under this Agreement. unless specifically agreed to by the City in writing. 3.2 IdvC)ices and Pavment Terms. Contractor shall submit to the City detailed invoices for all Services perlbrrll~d and rdmbursablc 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 of the City of Winter Springs, the City Manager shalt have authQrity to reject Services as not conforming to this Agreement. Prior to the commencement ofthe exhibition of the pyrotechnics, the City shall have t.he right 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 speci/lcally understood and agreed to by and bet'ween the parties hereto that the contractual relationship between the City and the Contractor is such that the Contractor is an independent contractor IUld 110t an agent of the City. The Contractor is an independent contractor and not an 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. Page 4 of t t . Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun.4.02 5:09PMj 4.3 City's Res.(!.onsibilities. The City shall cooperate witn t.he 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 ContrRCtor a~ necessitated hy the Services. (c) To provide, with the assistance of Contractor, the location of an area at Central Wind$ Park which can be considered a "Safe firing Site", (d) To coordinate with the Contractor to pro-.ide for a Fireworks Trench a~ provided in Section 2.1 of this Agreement. (e) Providing a musical score, produced by event contractor, Cox Radio, Inc., no later than June 15, 2002. ARTICLE 5 SUBCONTRACTS: ASSIGNMENT 5. t AssJgnmtnt and Sub(:oJttractiDl~. Unless otherwise specifically required by this Agreement. the Contractor shall not assign, sublet, or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent. of the City, exc.ept to the e.xtent that any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specitically stated (0 lht:: cuntrary in any written cOnsent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Furth.er, the Contractor shall not subcontract any portion or all of the Service:'.! without thc written consent of the City. Nothing under thi~ 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 for the sole and exclusive benefit of the City and the Contractor and nut for the benefit of any other party. 5.2 Any costll caused by defective or ill-tinled Services shall be borne by the party responsible therefor. ARTICLE 6 MISCELLAl''EOUS pj,tOVISJONS 6.1 Governin~ Lnw; Vemle. This 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 Page 5 or 1 J PagB 8/14 .. Sent By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596j Jun.4.02 5:10PM; that the Agreement was consummated in Seminole County. and the site of the Services is Seminole County. If any dispute concerning this CI..)ntract arises under Federal law, the venue will be Orlando, Florida. 6.2 L'D.ntractor's Representative. The Contractor shall designate an individual to act as a rcpre~entative 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 dellignate other individuals or delete individuals with the authority to act for the Contractor under this Agreement with the authority to transmit instructions. receive infonnation, and make or interpret the Contractor's decisions. All deletions or designation of individuals to serve as a n:presentative 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 ddivcry to an individual authorized to receive mail tor the below listed individuals, all to the following individuals at the following locations; TO THE ClTY: Mr. Runald W. McLemore City Manger City of Winter Springs 1126 East State Road 434 Winter Springs, FI, 32708-2799 407-327~5957 (phone) 407-327-6686 (Fax) TO THE CONTRACTOR: Randy J, Pritchard Pyrotecnico of Florida L.L.C. d/b/a Great Show P.O. Box 1736 Oldsmar, FL 34677 813-8J4-9494 (phone) 813-854-2249 (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 ifnotice i~ 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 ill the U.S. Mail addressed in the manner set forth above.. Any party hereto by giving notice in the manner set forth herein may Page 6 of 11 Page 9/14 . Sent By: BAOWN,WAAD,SALZMAN&WEISS,P.A.j 407 425 9596j Jun-4.02 5:10PMj unilaterally change the name of the person to whom not.ice 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 t.ape. photograph, or other writing of the Contractor is subject to the provi~ions 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 to the City. AJI books, cards, registers, receipts, documents, and other papers in connection with thi~ Agreement shall at any and all reasonable times dUling the normal working hours oflhe Contractor be open and freely exhibited to the City tor the purpose of examination and/or audit. 6.5 lnteroretation. Both the City IUld the Contractor have participated in the drafting of aU parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall he 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, unenfiJrceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from thi~ Contract, and this Contract shall be read as if said illegal, unenforceable, or unt.:o.n:;titutional \vord, sentence, or paragraph did not exist. 6.8 Addi(iQII~1 A~~...rRnces. The Contractor cenifies that: (a) No principal (which includes officers, directors, or executive) or individual hulding a profcssionalliccmsc and pertbrming 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 professiOflalllcense atld performing Services under this Agreement. employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and Page 7 of II Page 10/14 . Sent By: BAOWN,WAAD,SALZMAN&WEISS,P.A.; 407425 9596; Jun-4-02 5:11PM; (c) No principal (which includes officers. director!;, or executive), individual holding a professional license Rnd 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 t he employee or officer's official action or judgment. 6.9 Attomev's Fees, Should any litigation arise concerning this Agreement hetwecn the patties 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 bet ween the part.ies 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 S~:l\'ereig.n lnununity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Norida StatU/es, or other limitations imposed regarding the City':; potential liability under state or federal law. ARTICLE 7 TIME 7.1 Time of the Essence. The Contractor acknowledges and agrees that time is of the e.s.sence t'()r the completion of the Service~ to be performed under this Agreement. ARTICLE 8 PROTECTION OF PERSONS AND PROPERTY: INSIJRANC[ 8.1 Worker's Comoellsatioll, Upon the effective date of this Agreement, Contractor shall provide proof of worker'~ compensation insurance in the minimum amount required by law (if required). 8.2 Profes.sio1U!.1 Liabilitv!Malpractic~ ftud GflJer;J1 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 limits of coverage of$l,OOO,OOO,OO per (lccurrence, 8.3 Insurance Requirements. This parah'TRph shall be applicableto Sect.ions8. I and 8.2 The insurance required by this Article shall include the liability and coverage provided herein, or as required by law, whic.hever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereot) shall contain II provi:;ion <)1' endor:iement that the coverage afforded will not be canceled, materially changed or Page 8 of II Page 11/14 . Sent By: BRffiVN,WARD,SAlZMAN&WEISS,P.A.j 407 425 9596j Jun.4.02 5:11PM; renewal refuged until at least thirty (30) days' prior written notice has been given to the City and the Contractor by certified mail, retum receipt requested. All such insura.nce shall remain in effect until fmal payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured. tt The Contractor shall cause its insurance carrier~ to filmish insurance certificates specifying the types and amounts of coverage in effeet pursuant hereto, the ~xpiration 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. For all Services performed pursuant to this Agreement, the Contractor shall continuously mwntain such insurance in the amounts, type, and quality as required by Sections 81 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 lndemnifkation And Hold Harmless. For all Services performed pursuant to thi~ Agreement, the Contractor agrees to tile 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 (includir\g 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 shaH 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 c,laims of liability and all suits ~r.f l!ction1; of every name and description that may be brought again5t the City or its employees, ofticers, 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 :;hall 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 TERMINA TlON OF THE CONTRACT 9.l Te..mination By Cih. 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 rull payment for all Services performed and all expen~!l 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 Page 9 of 1 1 Page 12/14 . Sent By: BR~NN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-4-02 5:12PM; will not exceed the contract price as provided in paragraph}.l above. Any payment due shall be subject to lht'l Contraclor 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 writ.ing. 9.2 Termination by 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 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 Tenn. The term of this Agreement shall commence upon nlll 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. [Signatures and Witnesses next page.] Page 10 of I I ~.~ Page 13/14 . Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; ~. ., Jun-4-02 5:13PM; 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 CITY: CITY OF WINTER Sr~GS; FWRlDA Pl"lht Name: By: Print Name: Title: City Manager ( - J { - o'J. Dated : I' " d : ',::' '; / ,I ",. , // ~ (4'~, 11:1/ / /~ Ronald W. 'IMcL~tnoie" \ . I CONTRACTOR: " PYROTECNICO d/b/a GREAT SHOW AlJ Print Name; C'CtlE'1t. lbtu:y Print me:~' y1\. Unl/t, BY~~. -- . ndy J. Pritchard ~ Title: Dated : ..,II.....,.ct\l.trbl(;,ly nrwi>>t.. Sprin~~......onlll4lh July fI'i......tla .\gr ~.ol..."" Page Jl of ]2 Mil-tV A6t-R. 6/$/ o~ , Page 14/14 .