HomeMy Public PortalAboutPyro Shows 2018City of Crestview
City Clerk Coversheet
Doc
111 II Rill/ill iiII
Contracts
Year
11111,01 II
2018
5/3/2019
PYROSHOWS
P.O. BOX 1776
LAFOLLETTE, TN 37766
Contract Agreement
This Agreement, made this 12th Day of June, 2018, by and between PYRO SHOWS, Inc., a Tennessee
Corporation, whose address is 115 N. 1st Street, La Follette, Tennessee 37766, and hereinafter referred to
as PYRO SHOWS and City of Crestview with its principle place of business located at 198 N Wilson Street,
Crestview in the State of Florida, hereinafter referred to as "Customer."
WITNESSETH
In consideration of the mutual promises and undertakings set forth herein, receipt of said consideration
being acknowledged, the parties hereby agree as follows:
I. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to customer a firework display {hereinafter
"Show') pursuant to the display 418-FL-07-04-C-10000-000275 dated this 12th Day of June, 2018. The
show will be given on the 4th Day of July 2018.
II CANCELLATION: PYRO SHOWS shall determine what weather conditions prohibit PYRO SHOWS from
proceeding with the Show; in which case, PYRO SHOWS agrees to present the Show on the following day
or previously agreed upon rain date. In addition to contracted Show cost, Customer shall remit the actual
additional expenses PYRO SHOWS shall incur in presenting the show on subsequent occasion to include
labor, lodging, per diem, etc.; in no event shall these additional expenses be less than ten percent (10%)
of the contracted price of the Show. In the event the Show must be RESCHEDULED to a mutually agreed
upon date other that the previously agreed upon rain date, in addition to contracted Show cost, Customer
shall remit the actual additional expenses PYRO SHOWS shall incur in presenting the Show on subsequent
occasion to include labor, lodging, per diem etc.; in no event shall these expenses be less than thirty
percent (30%) of the contracted price of the Show. Should Customer elect to CANCEL the Show for any
reason, Customer must provide PYRO SHOWS with a thirty (30) days' written notice by certified mail,
return receipt, to PYRO SHOWS' address as set forth above. Customer agrees that PYRO SHOWS shall incur
substantial expense in preparation for the Show and, accordingly, agrees to pay PYRO SHOWS fifty {50%)
of the total contract price for the show as liquidated damages for cancellation. If the Customer does not
provide PYRO SHOWS with notice as set forth herein, Customer shall pay PYRO SHOWS the entire amount
or one hundred percent {100%) of the contract price for the Show as liquidated damages.
III. SECURITY AREA: Customer agrees to furnish sufficient space for PYRO SHOWS to properly conduct the
Show as determined by NFPA 1123-2014 {hereinafter "Security Area"). Customer agrees to provide
adequate security protection to preclude persons unauthorized by PYRO SHOWS from entering the
Security Area. For the purposes of the Agreement, "Unauthorized Persons" shall mean anyone other than
the employees of PYRO SHOWS or persons specifically designated in writing by the sponsor, and
submitted and approved, to PYRO SHOWS prior to the event.
IV.SITE CLEANUP: PYRO SHOWS shall be responsible for basic cleanup of the launch area to include
policing of the fallout zone for any unexploded ordnance and removal of all large paper debris, wood,
wire, foil, racks, mortars and firing equipment used in the setup for the show. Customer shall be
responsible for cleanup of debris located in and around fallout zone.
VI. AMENDMENT & ASSIGNMENT: This agreement is deemed personal and confidential to Customer, his
heirs, executors and administrators only, and may not be sold, assigned, amended, or transferred without
the prior written consent of PYRO SHOWS.
VII. COMPLIANCE WITH THE LAWS AND REGULATIONS: Promptly upon the execution of this Agreement,
Customer shall apply for the approval hereof to any agency, officer or authority of any government if such
approval is required by any applicable law, ordinance, code or regulation. Customer agrees to indemnify
and hold harmless PYRO SHOWS from against all claims, suits, and causes of action, demands, penalties,
losses or damages which may arise or accrue because of the failure or neglect of customer to obtain such
approval. This Agreement is made expressly subject to and Customer expressly agrees to comply with and
abide by all applicable laws, ordinances,
codes and regulations insofar as the same may be applicable to the terms and conditions of this
Agreement, including all rules and regulations now existing or that may be promulgated under and in
accordance with any such law or laws.
VIII. PERMITS AND LICENSES: Customer shall assist PYRO SHOWS in the acquisition and maintenance of
all necessary permits and licenses to enable PYRO SHOWS to perform fully hereunder unless otherwise
forbidden by any other applicable statute, rule or otherwise. Any expenses for security or stand by fire
protection shall be the responsibility of the customer. It is hereby stipulated that this Agreement is to be
construed and governed by the laws of the State of Florida, and any suit involving this contract shall be
brought in a state court of proper jurisdiction in Okaloosa County, Florida. PYRO Shows hereby submits
itself to the jurisdiction of said courts.
IX LATE PAYMENT: PYRO SHOWS shall charge, and Customer agrees to pay, one and one-half percent ( (1
1 \2%) per month late payment fee for each month until PYRO SHOWS is paid the amount set forth in
Paragraph XIV herein. The stated late payment fee shall begin to run from the applicable date(s)
established in Section XIV, unless this provision is prohibited by law.
X ADVERTISEMENT AND PROMOTIONS: Customer agrees to state that fireworks display is being provided
by PYRO SHOWS in all advertisements and promotions. Furthermore, Customer agrees to allow PYRO
SHOWS to use sponsors name and/or logo in PYRO SHOWS list of clients and any Pyro Shows
advertisements and promotions.
XI: COMPLAINTS: In the event that Customer has a complaint concerning the Show, or any material or
product used in or pursuant to the Show, or of the conduct of the Show by PYRO SHOWS, or any act or
omission of PYRO SHOWS or its agents, either directly or indirectly, without limitation, Customer shall
make complaint known to PYRO SHOWS in writing by certified mail to PYRO SHOWS' address as set forth
above, within ten {10) days after the date of the Show. In the event that Customer fails to register any
complaint in the time and in the manner specified, Customer agrees that it shall not claim such complaint
as cause for an offset or withhold any payment due to PYRO SHOWS hereunder on account of or because
of such complaint or any matter arising from, relating to or a consequence of the complaint. Furthermore,
Customer agrees that should PYRO SHOWS have to collect any amount due PYRO SHOWS hereunder
which Customer claims as an offset or which is withheld by Customer on account of, or because of, a
complaint not registered with PYRO SHOWS in the time and in the manner specified herein, by law or
through an Attorney -at -Law, PYRO SHOWS shall be entitled to collect attorneys' fees in the amount of
15% of the amount owing PYRO SHOWS or the maximum amount allowed by law, whichever is greater,
along with all cost of collection.
XII INSURANCE: Pyro Shows will provide General Liability Insurance and Automobile Liability in the
amount of $10,000,000.00, combined single limit, covering its activities and services in connection with
the show described in this contract. Pyro Shows also agrees to include Customer as additional Insured
under the terms of this coverage. Pyro Shows, Inc. will provide a Certificate of Insurance. All entities listed
on the certificate will be deemed an additional Insured per this contract.
XIII PAYMENT TERMS: City of Crestview shall pay PYRO SHOWS $10,000.00 according to the terms and
conditions set forth for presenting the Show. Customer shall submit a 50% deposit ($ 5,000.00) upon
return of signed contract. Balance will be due in the PYRO SHOWS office day of show.
XIV TAXES: Customer shall be responsible for all applicable sales taxes.
IMPORTANT: Checks must be made payable to PYRO SHOWS, INC.
XV: PUBLIC ACCESS
PYRO SHOWS, as Contractor, shall comply with the requirements of Florida's Public Records law. In
accordance with Section 119.0701, Florida Statutes, Contractor shall:
a. Keep and maintain public records required by the public agency in order to perform the service.
b. Upon request from the public agency's custodian of public records, provide the public agency with
a copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided under Florida's Public Records Law or as
otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of this contract if Contractor does not transfer the records
to the public agency: and
d. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of Contractor or keep and maintain public records required by the public agency to
perform the service. If Contractor transfers all public records to the public agency upon
completion of the contract, Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If Contractor keeps and
maintains public records upon completion of this contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the public agency, upon request from public agency's custodian of public records, in a format that
is compatible with the information technology systems of the public agency.
e. If Contractor has questions regarding the application of Chapter 119, Florida Statutes, to
Contractor's duty to provide public records relating to this Agreement, Contractor shall contact
the Custodian of Public Records at:
City Clerk, City of Crestview
198 North Wilson Street
P.O. Box 1209
Crestview, Florida 32536
(850) 682-1560 Extension 250
cityclerk@cityofcrestview.org
f. In the event the public agency must initiate litigation against Contractor in order to enforce
compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the public
agency because Contractor failed to provide access to public records responsive to a public record
request, the public agency shall be entitled to recover all costs, including but not limited to
reasonable attorneys' fees, costs of suit, witness, fees, and expert witness fees extended as part
of said litigation and any subsequent appeals.
All the terms and conditions set forth on any addendum attached to this Agreement are made part of
this Agreement and incorporated by reference herein.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above
written
PYRO SHOWS, INC
Y: DATE
L. nsden E. Hill, Jr., President
CUSTOMER
67 // z�l6
l � DATE
Signature Printed Name Title
WARRANTY EXCLUSIONS
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No representation of affirmation of fact including but not limited to statement regarding capacity,
suitability for use, or performance of equipment or products shall be, or be deemed to be, a warranty
by PYRO SHOWS for any purpose, nor give rise to any liability or obligation of PYRO SHOWS
whatsoever.
IN NO EVENT SHALL PYRO SHOWS BE LIABLE FOR ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS,
INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY CLAIMED
BREACH OF OBLIGATIONS HEREUNDER.