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HomeMy WebLinkAbout2007-421 SIGp t'i 4 : This Agreement made Thisday of ' 2907, by and between Pyrotecnico of Florida, LLC, of Tampa, Florida, (hereinafter referred to as " Pyrotecnico of Florida "J and Point West of Vero Beach Florida. Ltd and The Indian River County Board of County Commissioners of Vero Beach , Florida WHEREAS, Pyrotecnico of Florida is engaged in the sale, exhibition and display of fireworks for those requesting said goods and performance; and WHEREAS, Sponsor wants Pyrotecnico of Florida to provide a fireworks exhibition and display for Sponsor' s benefit under the terms and conditions set forth herein; and WHEREAS Pyrotecnico of Florida is desirous of providing Sponsor with a fireworks exhibition and display for Sponsor' s benefit under the terms and thereby, the parties agree as follows: 1 . Obligations of Pyrotecnico of Florida Pyrotecnico of Florida shall sell, fumish and deliver to Sponsor certain fireworks which Pyrotecnico of Florida agrees to exhibit and display on (_ December 15 2007 ) in accordance with the program set forth and agreed upon at the time of the signing of this Agreement, the specifics of which are set forth in the "Fireworks Exhibition and Display Program " attached hereto and incorporated herein by reference thereto. ( Fireworks Display) . 2. Payment Schedule. For and in consideration of the Fireworks Display, Sponsor agrees to pay Pyrotecnico of Florida the sum of $_ 12.000.00 payment shall be made as follows: a. 50% of the contract price upon the signing hereof. b. The balance of the contract price within ten days of completion of the Fireworks Display. Sponsor agrees to pay interest at the rate of 1 '/z % per month on any delinquent balance until the debt is paid in full . Payment shall be made by certified check or otherwise as agreed to Pyrotecnico of Florida, LLC, P.O. Box 310, New Castle, Pennsylvania, 16103. Furthermore, in the event Sponsor fails to perform its obligation and responsibility as set forth herein and it becomes necessary for Pyrotecnico of Florida to enforce its rights by hiring an attorney, Sponsor shall be responsible for, in addition to any other sums for which it is found responsible, all attorneys fees and costs incurred by Pyrotecnico of Florida to collect said sums. 3. Responsibilities of Sponsor. Sponsor agrees to procure and furnish a place suitable to Pyrotecnico of Florida for the display and exhibition of fireworks, ( "Display Site") . Sponsor shall hire, secure and provide, at its own cost and expense, adequate private and/or public security, police and fire protection . Sponsor shall be solely responsible and obligated to construct and furnish all materials necessary to set up restraining lines and other barriers for keeping all persons (except those designated by Pyrotecnico of Florida) out of the Display Site and all fallout and danger areas and behind the safety zone lines. Sponsor shall provide adequate private and/or public security personnel and /or protection to preclude all individuals other than those authorized by Pyrotecnico of Florida from entering the security area designated by Pyrotecnico of Florida. No persons or personal or real property of any kind, including but not limited to motor vehicles shall be allowed within the Display Site, fallout area or safe zone. Sponsor shall ensure that all spectator viewing and parking, as well as any other personal or real property is not within the Display Site, fallout area or safe zone. Sponsor shall fulfill its responsibilities as set forth herein in accordance with all local, state and federal rules, laws, orders and regulations, including those of the National Fire Protection Association ( NFPA) , as amended and as ma/ be further required by Pyrotecnico of Florida. 4. Indemnifications and Liability. Sponsor shall hold harmless and indemnify Pyrotecnico of Florida from any demands, claims, causes of action or liability arising from damage to or destruction of real or personal property or bodily or personal injuries, whether arising from tort, contact or otherwise, that occur directly or indirectly from the failure of Sponsor to comply with its obligations and responsibilities as set forth herein, including attorneys fees and costs. Sponsor shall not, under any circumstances, be entitled to recover any consequential, incidental, exemplary, special and/or punitive damages from Pyrotecnico of Florida, including, without limitation, loss of income, business or profits. 5. Postponement. In the event that weather is such that Pyrotecnico of Florida in its sole and absolute discretion, determines that the Fireworks Display would be impossible, impractical or would unnecessarily increase the risk of damage or danger to person and/or property, the parties agree to immediately hold a postponement meeting at which Pyrotecnico 11/20/2007 PW / IR 12/15/07 $12,000 P9. 6 / 7 time on attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching a mutually satisfactory postponement time and/or date. In the event the mutually satisfactory postponement time and/or date is beyond the day following the scheduled Fireworks Display and it is impracticable for the personnel and equipment of Pyrotecnicc of Florida to remain at Sponsor' s location until the rescheduled Fireworks Display date, then Spor•sor shop pay the oc+uol eraenses incurred by Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent (40%) of the contract price. Actual expenses include, but are not limited to, expenses for travel, lodging , labor, meals, rentals, permit fees , set-up and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to and/or as a result of the postponement or cancellation . In the event a mutually satisfactory postponement date cannot be determined, this contract shall become null and void and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor shall pay to Pyrotecnico of Florida a sum equal to seventy-five (75%) of the contract price . 6. Cancellation . In the event Sponsor cancels this contract as provided below, liquidated damages for such cancellation shall be paid by Sponsor to Pyrotecnico of Florida as follows : a . In the event the Fireworks Display is cancelled more than thirty (30) days before the date scheduled for the Fireworks Display, twenty-five percent (25%) of the amount of the contract price . b. In the event the Fireworks Display is cancelled no more than thirty (30) days and no less than four (4) days before the contract, fifty percent 50%) of the contract price. c. If the Fireworks Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks Display, seventy-five percent ( 75%) of the contract price. d. On the day scheduled for the Fireworks Display, one hundred percent ( 100%) . In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed to Pyrotecnico of Florida, LLC, P.O. Box 310, New Castle, PA 16103. Notice shall be effective upon receipt of said written notice by Pyrotecnico of Florida. In the event of circumstances beyond the control of either party, such as fire, strikes, delay, flood, acts of God or similar causes, which prevent the delivery of materials or performances as, set forth herein, the parties hereto release one another from any and all obligations and responsibilities contained herein . 7 . Governing Law. The parties agree that this contract shall be interpreted, construed, enforced and governed by the laws of the State of Florida . 8. Modifications and Revision. Except as provided herein, the terms of this agreement shall not be modified, amended or rescinded except by written agreement signed byE/ , tirepresentatives of the parties heret IN WITNESS WHEREOF, the undersigned executed this by and through their out ed agents whose names appear below. PYRO F A, L c ^ By: c _ � ,�Title J ATTEST: SPONSOR: Point West of ro Beach, Florida, Ltd. ($6,000) By: Title : ATTEST: SPONSOR: Indian River County Board of County Commissioners ($6,000) By: Title : Pyrotecnico 10131 /2007 PW / IR 12/15/07 $ 12, 000 Pg . 717 V11 time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching a mutually satisfactory postponement time and/or date . In the event the mutually satisfactory postponement time and/or date is beyond the day following the scheduled Fireworks Display and it is impracticable for the personnel and equipment of Pyrotecnico of Florida to remain at Sponsor' s location until the rescheduled Fireworks Display date, then Sponsor shall pay the actual expenses incurred by Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent ( 40%) of the contract price. Actual expenses include , but are not limited to, expenses for travel, lodging, labor, meals, rentals, permit fees, set-up and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to and/or as a result of the postponement or cancellation. In the event a mutually satisfactory postponement date cannot be determined, this contract shall become null and void and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor shall pay to Pyrotecnico of Florida a sum equal to seventy-five ( 75%) of the contract price . 6. Cancellation. In the event Sponsor cancels this contract as provided below, liquidated damages for such cancellation shall be paid by Sponsor to Pyrotecnico of Florida as follows: a. In the event the Fireworks Display is cancelled more than thirty (30) days before the date scheduled for the Fireworks Display, twenty-five percent (25%) of the amount of the contract price. b. in the event the Fireworks Display is cancelled no more than thirty (30) days and no less than four ( 4) days before the contract, fifty percent (50%) of the contract price. c. If the Fireworks ' Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks Display, seventy-five percent ( 75%) of the contract price. d . On the day scheduled for the Fireworks Display, one hundred percent ( 100%) . In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed to Pyrotecnico of Florida, LLC, P.O. Box 310, New Castle, PA 16103. Notice shall be effective upon receipt of said written notice by Pyrotecnico of Florida . In the event of circumstances beyond the control of either party, such as fire, strikes, delay, flood, acts of God or similar causes, which prevent the delivery of materials or performances as, set forth herein, the parties hereto release one another from any and all obligations and responsibilities contained herein . 7 . Governing Law. The parties agree that this contract shall be interpreted, construed, enforced and governed by the laws of the State of Florida . 8. Modifications and Revision. Except as provided herein, the terms of this agreement shall not be modified, amended or rescinded except by written agreement signed by authorized representatives of the parties hereto . IN WITNESS WHEREOF, the undersigned executed this agreement by and through their authorized agents whose names appear below. ATTEST: PYROTECNICO OF FLORIDA, LLC By: Title: ATTEST: SPO ORh t We of V o e h, Flod O, d. ($61000) By: o Title: el � � < SPONSOR: Indian River County Board of County. Commissioners ($6 0) By: seph A . Baird , County Administrator Title, APti' ROVELi -n f0 FORM LIN -? 7Lq�41FFICIENCY ay/ZM __ Pyrotecnico 11/20/2007 i1iV E . FELL P 121 107 $12,(000 Pg. 717 4591 STANT C01 IN T" ATTORN' time an attempt to reschedule the Fireworks Display shall be discussed with a view toward reaching a mutually satisfactory postponement time and/or date . In the event the mutually satisfactory postponement time and/or date is beyond the day following the scheduled Flrewerks Display and it is impracticable for the personnel and equipment of Pyrotecnico cf Flor'.dc to remain at Sponsor ' s location until the rescheduled Fireworks Display date, then Sponsor Shall pay the ocfual eyPences ^cplrred cy Pyrotecnico of Florida related to the postponement, which shall not exceed forty percent (40%) of the contract price. Actual expenses include, but are not limited to, expenses for travel, lodging, labor, meals, rentals, permit fees, set-up and/or dismantling of display, additional taxes or surcharges, or any other additional expenses that incurred prior to and/or as a result of the postponement or cancellation. In the event a mutually satisfactory postponement date cannot be determined, this contract shall become null and void and neither party shall have any obligation or responsibility hereunder provided however, that in such event Sponsor shall pay to Pyrotecnico of Florida a sum equal to seventy-five (75%) of the contract price. 6 . Cancellation. In the event Sponsor cancels this contract as provided below, liquidated damages for such cancellation shall be paid by Sponsor to Pyrotecnico of Florida as follows : a . In the event the Fireworks Display is cancelled more than thirty (30) days before the date scheduled for the Fireworks Display, twenty-five percent ( 25%) of the amount of the contract price . b. In the event the Fireworks Display is cancelled no more than thirty (30) days and no less than four (4) days before the contract, fifty percent (50%) of the contract price. c. If the Fireworks Display is cancelled no more than three (3) days but before the day scheduled for the Fireworks Display, seventy-five percent ( 757o) of the contract price. d. On the day scheduled for the Fireworks Display, one hundred percent ( 100%) . In the event that Sponsor chooses to terminate this contract it shall do so by written notice via registered mail addressed to Pyrotecnico of Florida, LLC, P.O. Box 310, New Castle, PA 16103 . Notice shall be effective upon receipt of said written notice by Pyrotecnico of Florida. In the event of circumstances beyond the control of either party, such as fire, strikes , delay, flood, acts of God or similar causes, which prevent the delivery of materials or performances as, set forth herein, the parties hereto release one another from any and all obligations and responsibilities contained herein . 7 . Governing Law. The parties agree that this contract shall be interpreted, construed , enforced and governed by the Taws of the State of Florida . 8. Modifications and Revision . Except as provided herein, the terms of this agreement shall not be modified, amended or rescinded except by written agreement signed by authorized representatives of the parties heret IN WITNESS WHEREOF, the undersigned executed this agreement by and thrortheirout agents whose names appear below. PYROTECNICO O F A,By: Title: ,4:ti : .. J ATTEST: SPONSOR: Point West of ro Beach, Florida, Ltd. ($6 ,000) By : Title: ATTEST: SPONSOR: Indian River County Board of County Commissioners ($6,000) By: Title: Pyrotecnico 1013112007 PW I IR 12/15107 $ 12,000 Pg, 717 3 i 40 - 3 " Assorted Color Changing Star Shells and Titanium Salutes 12 - 4" Color Peony Shells 5 - 5" Multi Color Peony Shells 15 - Extra Loud Titanium Salutes 20 - Multi Color Star Shells 20 - Fancy and Color Changing Shells 15 - Special Effect Shells 15 - Variegated Crackling Shells 15 - Assorted Stickless or Comets 35 - Multi Color Star Shells 35 - Fancy and Color Changing Shells 20 - Special Effect Shells 20 - Variegated Crackling Shells 20 - Pattern Shells 20 - Assorted Stickless or Comets Pyrotecnico 11/20/2007 PW / IR 12/15/07 $12,000 Pg. 3 / 7 3 % 0% ($5 !S# " ! 30 - Multi Color Star Shells 35 - Fancy and Color Changing Shells 20 - Special Effect Shells 20 - Variegated Crackling Shells 20 - Pattern Shells 10 - 3 " Golden Palm Trees 6 - 4 " Golden Palm Trees 5 - 5" Golden Palm Trees 10 - 3 " Red, White and Blue Whistle 6 - 4" Red, White and Blue Whistle 5 - 5" Red, White and Blue Whistle 10 - 3 " Crackling Star Shells 6 - 4" Crackling Star Shells 5 - 5" Crackling Star Shells 10 - 3 " Brocaded Crown Chrysanthemums 6 - 4" Brocaded Crown Chrysanthemums 5 - 5" Brocaded Crown Chrysanthemums 51 - 3 " Stickless Rocket Shells 51 - 3 " Chinese Comet Shells 35 - 3 " Assorted Mines 200 - 3 " Assorted Color Star Shells with Titanium Salutes 30 - 4" Color Changing Chrysanthemum Shells 20 - 5 " Two Color Peony Shells Pyrotecnico 11 /20/2007 PW / IR 12/15/07 $12,000 Pg. 4 / 7 40 - Three Inch Shells 12 - Four Inch Shells 5 - Five Inch Shells 100 - Three Inch Shells 150 - Four Inch Shells 125 - Five Inch Shells 40 — Three Inch Shells 24 — Four Inch Shells 20 — Five Inch Shells 137 — Three Inch Shells 200 — Three Inch Shells 30 — Four Inch Shells 20 — Five Inch Shells Pyrotecnico 11 /20/2007 PW / IR 12/15/07 $ 12,000 Pg . 5 / 7 UAW Bringing the night to tight? r= t a��c<trAK � res Nene Castle, PA November 70, 1007 Phone: 1 -800-854-4705 Scott Seeley 1 - 724-652-9555 18401St/' Street Fox: 1 -724-652 - 1288 P.O. Box 149 Vero Beach, Florida 31960 New ca5tte, PA lelos Plontgomery, AL Phone: 1 -800-255- 1199 DealSCOtt." 1 -334-286-4044 Fox: 1 -334-286-4037 /t was a pleasure to speak with you recently. Thanks forgetting back tome, 3 We lookforward to working w/thyou. Adan+. a , GA Phone 1 -877-924-0102 Yourproposa/ representracomp/etecontract, whichincludesa//materia/and 1 -770- 924-0102 Fax: 1- 770-924-2646 equipment to fire your disp/ay, along with Our Ten Mi//ion A- I5 /nsurance coverage. Also, included are the services of our high/y trained and New Odea ri,, ' A profession/pyrotechn/clan teams to set up, fire our dis /a , and rovide a// j Phone: 1 -800- 783-2513 P y P l P 1 -985-893 -8800 clean up at the conclusion of the program. For 1 -985-893 - 1215 I /'veenclosedourste7ndalddisplc7ycontract. Fleasereviewit, andshouldthis i Tampa, FL program be acceptable to you, sign the agreement and return it with our Phone: 1- 727 -857-9766 y 50% deposit in the enclosed envelope. upon receipt of the contract / will Fox: 1-727-857 -9767 return an executed copy to you, along with the original Insurance certificate. P/ease /et meknowifyouhaveanyquestionsA// my best wishes? www.pyrotecnico .com Sincere/y, Pyrotecn/co Y17nFe/gert JTF/gaf Pyrotecnico 11/20/2007 PW / IR 12/15/07 $ 12,000 Pg. 1 / 7 Ali PROPOSAL 6ringitrg the right to light? P. O. Boz 149 p p7 New Castle, PA 16103 #() /Rf& # O " *#!# 0 &) /0 , ( 0� 8724-652-9555 00-854-4705 rr' p7 0 _#!) % / Ir pv## * $1 $$ F%V. 724-652- 1288 �� / ( 70" —� NEW CASTLE, PA "Fireworks CapiIol of Americo. " 2- % 0 # * 3#!) % 0& '4 wwmpyrotecnico .com 0# *, 1 #&$56 3 ', * % /& /#$# + 1 #fl99. X196: : == : & # * % & ' / 9W & ) All Necessary Insurance to include: Ten Million Dollar General Liability / Insurance, Ten Million in Commercial Transportation Insurance, and State Worker's Compensation . v, c 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 . uG ` 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 . Pyrotecnico 11 /20/2007 PW / IR 12/15/07 $12,000 Pg. 2 / 7 ACORDTP CERTIFICATE OF LIABILITY INSURANCE 7CERTIFICATE MMNDIYYYY) PRODUCER 2007 Phone : 440 - 248 - 4 "% 11 Fax : 440 -290 - 5406 THIS CERTIFICATE IS ISSUED AS A MATTRMATION Britton -Gallagher and Associates , Inc . ONLY AND CONFERS NO RIGHTS UPOTIFICATE6240 SOM Center Rd . HOLDER. THIS CERTIFICATE DOES NOTTEND ORCleveland OH 44139 ALTER THE COVERAGE AFFORDED BY TBELOW.INSURERS AFFORDING COVERAGE C #INSURED --_ __ __._ ... _-_ _ . _Pyrotecnico of Florida , LLC INSURERALexingtonInsurance Cc _ P . O . Box 310 ' INSUREROGranite State Insurance Co New Castle PA 16103 INSURERCArch _Specialty Ins Cc _ . INSUREROAxrs Specialty Ins Company_,_ NSURER E: COVERAGES THE POLICIES OF INSURANCE LIS'T'ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTNI 'THSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE I-MY BE ISSUED OR FIA" PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEMS , EXCLUSIOI4S AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADD'L --.-- --- _ LT _ 1 14 2008 _. _ POLICYNUMBER POLICYEFFELTIYE ' POLICYEXPIRATION - - !� GENERAL t1ABILI7Y AT MM tt LIMITS !6990164 1 / 14 / 2007 / / j. EACH OCCURRENCE is2 000 00o X-XI I "OMMERCIALGENERALLIABILITY DAMAGE TO RE'NTEO = I -- - PkENu Esl_a aru cel 550 , 000 CLAIMSMOOE LXA OCCUR H20 EXP (Myope Tarso r] 5 — ' -- PERSONAL S AOVIN-VIiY Sl 000 DOG C — - I' G NERALAGGREGATE S2 , 000 , 000 GENT AGGREGATE UTAIITOD - LOC I APPLIES PER'. J P- - ---- S - COMPIOP AOO : $ 2 OQO UOQ POLICY j X I— - -.. B � AUTOMOBILE Dnelutt CA38090961 ' 1 / 14 / 2007 1 / 14 / 2008coM ' f O l) GLE Ln J1 XMYT Y nuio (Ea acodenaenp II51 , 000 , 000 t ALLOVYNEDAUTOS ( t" _ -- 1� BODNJURY? SCV{EDULEOAUTOS � I (Pe, PeILY Irson) i S X i HIREOAUTOB - NON OWNFO AUT05 BODICE INJURY I I = IP fxcc lla :ll S 1 - ; PROPENTYDAMAGE iS I 1 (Pe az -tlPNI GARAGE LIABILITY ! AUTO ONLY - EAACCIDENT S _ J ANYAUTO OTHER THAN EA'ACC S AUTOONLY: C ' S EXCESBNAIBRELLA LIABILiiY qGG IULP0011761 1 / 14 / 2OU7 ' 1 14 2008 EACH OCCURRENCE IX DOUR CLA _ IMS MADE I AGGR000 EGATE 54 54 GOD COU _, DEDUCTIBLE 5 ' X IRETENTION5 51 _ __...... ' EMPLOYERS' W ORKERS LOMPON AND .. j ._OETRH S EMPLOYERS' LMBILITY iORY _JI� `¢ I ANYPROPRIETOAPARiNCRA7XECUTIVL LI ,EL EACHACCIDENT $ OPRCER;"FI.m ER EXCLUDED? �— - - - -�- 1( YS56dc ribeonder j i EL DISEASE EAEMPLGYF.EI S _. _ SPECIN_PROVISIONS bo:av I EL DISEASE POLICY LR11 S OTHER DExcess Liab . JEAU723112 1 / 14 / 2007 1 / 7. 4 / 2008 $ 5 , 000 , 000 Eacn OCCnrtence ° 5 , 000 , 000 Aggregate i DESCmPTIOR Of OPERATIONS LOCATIONS I VE141C LES 1 EXCLU SIGNS ADDED DY ENDORSEMENTI SPECIAL PROVISIONS Fireworks DLSPlay Date : December 15 , 2007 Location : Pointe West of Vero Beach , FL dditronal Insured : Indian River County Recreation Department ; Point West of Vero Beach LTU ; Indian River County Board �f County COnlm!SSioners CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THP ABOVE llESCRIUED POLICIES BE CANCELLED Pointe West of Vero Beach LSD BEFORE THE EXPIRATION DATE THEREOF , THE ISSUING INSURER 1999 Pointe West Drive WILL ENDEAVOR '"O MAIL 30 DAYS WRITTEN NOTICE TO THE Vero Beach FL 32966 CERTIFICATE BOLDER NAMED TO THE LEFT, BCT FAILURE TO DO SC SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER , ITS AGENTS OR REPRESENTATIVES . AUTHORIZEp REPRESENTATIVE ? T ` ACORD 25 (2001/08) ✓/ ; OACORD CORPORATION 1988