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CM-2018-1621 - 1/26/2018TERM RENEWAL AGREEMENT NO.2 TO "CITY OF ROUND ROCK AGREEMENT FOR FIREWORKS DISPLAY SERVICES" WITH SKY WONDER PYROTECHNICS, LLC, CITY OF ROUND ROCK } } STATE OF TEXAS ) COUNTY OF WILLIAMSON ) COUNTY OF TRAVIS ) KNOW ALL BY THESE PRESENTS: This Term Renewal Agreement No. 2 to "City of Round Rock Agreement for Fireworks Display Services" with Sky Wonder Pyrotechnics, LLC, hereinafter called the "Renewal Agreement," is made by and between the City of Round Rock, Texas, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas, hereinafter called "City," and Sky Wonder Pyrotechnics, LLC, a Texas corporation whose offices are located at 3626 C.R. 203, Liverpool, Texas, hereinafter called "Services Provider." WHEREAS, City and Alpha -Lee Enterprises executed an "Agreement for Fireworks Display Services," hereinafter called the "Agreement," on September 12, 2013, by Resolution No. R -13 -11 -26 -FI; and WHEREAS, Sky Wonder Pyrotechnics, LLC purchased all assets of Alpha -Lee Enterprises, Inc. on June 15, 2015, and is the successor in interest to said Agreement; and WHEREAS, pursuant to Section 2.01(B) of the Agreement, the initial term of the Agreement was for thirty-six (36) months with two (2) allowable successive twelve (12) month renewal periods from the effective date of the Agreement; and WHEREAS, the parties have extended the term of the Agreement for the first of two (2) allowable consecutive twelve (12) month renewal terms; and WHEREAS, the parties desire to extend the term of the Agreement for the second and final of two (2) allowable consecutive twelve (12) month renewal terms; NOW THEREFORE, premises considered, and in consideration of the mutual promises and obligations in the Agreement and this Renewal Agreement, the City and Services Provider agree as follows: I. Pursuant to Section 2.01(B) of the Agreement, the term of the Agreement is renewed for the second of two (2) allowable twelve (12) month renewal periods. The final twelve (12) month 00391275 ss2 renewal term shall commence upon expiration of the initial twelve (12) month renewal term of the Agreement. II. This Renewal Agreement embodies the second and final of two (2) allowable twelve (12) month renewal periods and shall extend the original Agreement as to time only with no other changes in terms or conditions of the original Agreement. IN WITNESS WHEREOF, the City and Services Provider have executed this Renewal Agreement to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS By: Printer Title: Date S ATTEST: By: �^ .6' Sara L. White, City Clerk FOR CITY, PPROVED AS TO FORM: BY. L Stephan . Sheets, City Attorney SKY WONDER PYROTECHNICS, LLC By: ACLr-L'r-- si2L Printed Name: Aar-DAoot Title: PrestelefLt Date Signed: 17--14-- j 7 City of Round Rock RouNoeacic Agenda Item Summary Agenda Number: Title: Consider executing Term Renewal Agreement No. 2 to "City of Round Rock Agreement for Fireworks Display Services" with Sky Wonder Pyrotechnics, LLC. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/26/2018 Dept Director: Rick Atkins, Director Cost: $17,000.00 Indexes: General Fund Attachments: LAF - Term Renewal No. 2 with Sky Wonder Pyrotechnics (00392284xA08F8).pdf, Sky Wonder Pyrotechnics Agreement.pdf, Back-up Sky Wonder .pdf Department: Parks and Recreation Department Text of Legislative File CM -2018-1621 Consider executing Term Renewal Agreement No. 2 to "City of Round Rock Agreement for Fireworks Display Services" with Sky Wonder Pyrotechnics, LLC. This is for the fireworks display at Old Settlers Park during the 4th of July Celebration. Sky Wonder Pyrotechnics, LLC. sets up the fireworks staging area for the evening fireworks display. Cost: $17,000.00 Source of Funds: General Fund City of Round Rock Page i Printed on 1/25/2018