FIREWORKS DISPLAY AGREEMENTPYROTECNICO FIREWORKS, INC.
This Fireworks Display Agreement ("Agreement") entered into this on June 7, 2023 by and between PYROTECNICO FIREWORKS, INC.
("Pyrotecnico") and City of Clearwater, FL (CUSTOMER).
Pyrotecnico, for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER Fireworks Display(s) and related services
("Fireworks Display"), including the services of Pyrotecnico's on-site representative to take charge of and perform the Fireworks Display under the
supervision and direction of the CUSTOMER. The Firework Display to be given on REFER TO ATTACHMENT "A" (the "Display Date"),
weather permitting.
_L
GG
,,
... G.-, ,
• _L,1. -.Y GG.":. - __ .--._ . • �.-
GG
1 ... - �• . . --. •,.1_ ' -- . .. ..
Customer agrees to pay Pyrotecnico up to an annual not to exceed amount of $100,000.00 for the initial term with the option of four (4), one (1) year
renewal as described in ATTACHMENT "A". A service fee of 1 Y2% per month shall be added if the account is not paid in full within 30 days of the
Display Date. CUSTOMER agrees to pay any and all collection costs, including reasonable attorney's fees and court costs incurred by Pyrotecnico for
any amount due under this Agreement.
Pyrotecnico and CUSTOMER agree that should inclement weather prevent the performance of the Fireworks Display on the Display Date, the parties
shall agree to a mutually convenient alternate date, within three (3) months of the Display Date. If the show is rescheduled prior to Pyrotecnico's truck
leaving the facility, CUSTOMER shall remit to Pyrotecnico an additional REFER TO ATTACHMENT "A" for additional expenses in presenting
the Fireworks Display on an alternate date. If the show is rescheduled after Pyrotecnico's truck leaves the facility, CUSTOMER shall remit to
Pyrotecnico an additional REFER TO ATTACHMENT "A" for additional expenses incurred. The determination to cancel the show because of
inclement or unsafe weather conditions shall rest within the sole discretion of Pyrotecnico. In the event the CUSTOMER does not choose to reschedule
another date or cannot agree to a mutually convenient date, Pyrotecnico shall be entitled to REFER TO ATTACHMENT "A".
Pyrotecnico agrees to furnish all necessary fireworks display materials and personnel for the fireworks display in accordance with the program approved
by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon
request. Should this display require any Union, permit, or fire department related costs; their fees are not included in the Contract Price.
CUSTOMER will timely secure and provide the following: (a) Sufficient area for the display, including a minimum spectator set back distance of 500
FEET at all points from the discharge area; (b) Funds for all permits, licenses, and approvals as required by local, state and federal laws for the
Fireworks Display; (c) Protection of the display area by roping -off or similar facility; (d) Adequate police protection to prevent spectators from entering
display area; (e) Search of the fallout area at first light following a nighttime display; and (f) Provide credit as "Fireworks by Pyrotecnico" in all
advertising and marketing materials.
Pyrotecnico will maintain all insurance requirements as listed in RFP 21-23 to include general liability, property damage, pollution, transportation and
workers compensation insurance. All those entities/individuals who are listed on the certificate of insurance, provided by Pyrotecnico, will be deemed
to be an additional insured on such policies. This insurance coverage specifically does not include coverage for any independent acts of negligence of
any additional insured.
This Agreement contains the entire agreement between the Parties for this show and any prior agreements are terminated. This Agreement may only
be amended, revised or terminated in writing, executed by the Party against which enforcement is asserted. The parties hereto mutually and severally
guarantee terms, conditions, and obligations under this Agreement to be binding upon the parties, themselves, their successors and assigns.
The Parties agree to the additional terms and conditions as set forth in the attached City of Clearwater, Florida— Purchase Order Terms and Conditions,
which are incorporated by reference and attached hereto.
PYROTECNICO : CUSTOMER:
By (sign): nl �r1.4 4 \ By (sign).
Name: Lynn An Hamed Name: Jennifer Poirrier
Title: Coroorate Secretary Title: City Manager
Date: June 7. 2023 Date:
Address: PO Box 149 Address:
New Castle PA 16103
Phone: (724) 652-9555 Phone:
Email: contractscc ovrotecnico.com Email::
Pyrotecnico Fireworks Dis lay A reement 2023
Sponsor Initials:
ATTACHMENT A
DISPLAY DATE
CONTRACT PRICE
BALANCE DUE DATE
POSTPONEMENT FEE -
NOT LEFT FACILITY
POSTPONEMENT FEE -
LEFT FACILITY
CANCELLATION FEE
July 4, 2023
$80,000.00
Net 30
$12,000.00
$32,000.00
$40,000.00
July 4, 2024
$50,000.00
Net 30
$7,500.00
$20,000.00
$25,000.00
July 4, 2025
$50,000.00
Net 30
July 4, 2026
$50,000.00
Net 30
July 4, 2027
$50,000.00
Net 30
Additional shows may be added throughout the contract term as mutually agreed upon.
Pyrotecnico Fireworks Display Agreement 2023 3
Sponsor Initials:
DeMilo, Patricia
From: Marsalek, Kerry
Sent: Tuesday, June 13, 2023 11:52 AM
To: DeMilo, Patricia
Cc: Isabel, Melissa; Ayo, Ellen; Koch, Kris; Lockwood, Mike
Subject: FW: *FINALIZED* FOR FULL EXECUTION = Pyrotecnico's July 4, 2023 + July 4, 2024 City
of Clearwater, FL Fireworks Display Agreement
Attachments: _FINALIZED_ FOR FULL EXECUTION Pyrotecnico's July 4 2023 + July 4 2024 City of
Clearwater FL Fireworks Display Agreement(Final).pdf
Hi Paty,
Attached is the Pyrotecnico Contract (Fireworks) that is ready for CM Poirrier's signature.
Melisa Isabel has reviewed and approved this contract for the CM's signature.
Ellen Ayo will bring the printed contract to you today for signature.
Thank you,
Kerry
Kerry Marsalek
Program Senior Manager
Parks and Recreation Department
City of Clearwater 727-562-4919
From: Isabel, Melissa <Melissa.Isabel@myclearwater.com>
Sent: Wednesday, June 7, 2023 10:19 AM
To: Marsalek, Kerry <Kerry.Marsalek@myClearwater.com>
Subject: RE: *FINALIZED* FOR FULL EXECUTION = Pyrotecnico's July 4, 2023 + July 4, 2024 City of Clearwater, FL
Fireworks Display Agreement
Jennifer needs to sign based on the amount.
Melissa Isabel
Senior Assistant City Attorney
Legal Advisor to the Clearwater Police Department
645 Pierce Street
Clearwater, FL 33755
(727) 562-4467 Office
melissa.isabel@myclearwater.com
1
CONTACT/INSURANCE INFORMATION FORM
You must return this form with your signed Agreement for the Certificate of Insurance to be issued, and for the permit application to be
completed and submitted. If information isn't applicable, please state such by indicating "N/A".
Customer Name (Entity Contracting Pyrotecnico):
Primary Point of Contact Name:
Phone: Fax:
Email:
Billing Address:
City, State & Zip:
Accounts Payable Contact:
Accounts Payable Email:
Date(s) of Show: Display Start Time(s):
Rain/Postponed Date(s):
Day -of -Show Contact Name:
Day -of -Show Mobile Phone Number:
Day -of -Show Email:
Display Site Location(s) and
Address(es):
If Pyrotecnico has produced a show at this site, has the geography changed (i.e, new structures, new terrain, etc.)? If yes, please describe:
Additionally Insured — If Applicable:
Pyrotecnico Fireworks Display Agreement 2023 3
Sponsor Initials: