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Home My WebLink About2005-386 FIREWORKS DISPLAY CONTRACT This Agreement made this 6th day of 2242mb-ox, 2005 , by and between Pyrotecnico of Florida, LL14 of Tampa , ✓" `� Florida , (hereinafter referred to as " Pyrotecnico of Florida " ) and Pointe West of Vero Beach , and The Indian River Countv Board of County Commissioners ( hereinafter collectively referred to as "Sponsor" . 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 , furnish and deliver to Sponsor certain fireworks which Pyrotecnico of Florida agrees to exhibit and display on ( December 17, 2005 ) 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 twenty 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 may 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 , Pointe West and local permitting authorities, determine that the Fireworks Display would be impossible , 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 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 Pyrotecnico 11 /30/2005 PW- F&IHC 12/ 17 $ 12 , 000 Pg . 8 / 9 r 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 twenty-five percent ( 25%) 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 . 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 fifty (50%) 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 agree nt b and through their authorized agents whose names appear below. A ES : PYROTECNICO FLORIDA, LLC AtA z , By. Its : ATTEST: ; - SPON me est o ro BeTh , fleriek��#$�`C It ' s ATTEST: J . K . Barton , Clerk Indi liver County Board of County commissioners Deputy Clerk f APPROVED . Its : Chairman '; Thomas S . Lowther, Chairman a C( my d ; BCC Appro�/ cd :. f) ecember,.' 6 2005 Ia ? : ' U FORM rr AN ' A ?- SIiFFICIENCY MA , A SSISTAN : <? UNI ATTORNEY Pyrotecnico 11 /30/2005 PW-F& IHC 12/ 17 $ 12 ,000 Pg . 9 / 9