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CM-2016-1185 - 9/20/2016TERM RENEWAL AGREEMENT NO. 1 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 Tenn Renewal Agreement No. I 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-F1; and WHEREAS, Sky Wonder Pyrotechnics, LLC purchased all assets of Alpha -Lee Enterprises, Inc. on June 15, 2015 as set forth in Exhibit "A," 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 initial term of the Agreement expires on November 26, 2016; and WHEREAS, the parties desire to extend the term of the Agreement for the first of two (2) allowable consecutive twelve (12) month renewal terms; and 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 first allowable twelve (12) month renewal period. The twelve (12) month renewal term shall commence upon expiration of the initial term of the Agreement. 00362109/ss2 II. This Renewal Agreement embodies the first 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: mt �' dttt Sara L. White, City Clerk FOR CITY, AfPPROVED S TO FORM: By: Stepha L. Sheets, City Attorney SKY WONDER PYROTECHNICS, LLC By: .0 9Y6'& -Il— c� Printed Name: Aaron Hoot Title: President Date Signed: g7 ZD/(o I : Wr"vi 8.11.2016 Letter of Ag u i s i t i o n To: City of Round Rock parks & Recreation Department Attn: Ric Bowden 301 West Bagdad, Suite 250 Round Rock, Texas 78664 Dear Mr. Bowden: This letter is to inform the City of Round Rock that Sky Wonder Pyrotechnics, LLC purchased all assets of Alpha -Lee Enterprises, Inc. June 15, 2015. Sky Wonder Pyrotechnics, LLC will fulfill any and all contracts that have been signed with Alpha - Lee Enterprises, Inc., including any and all extensions granted by those existing contracts. Sky Wonder Pyrotechnics, LLC also accepts any and all responsibilities associated with those existing contracts. We look forward to working with you for many years to come. Thank you for your continued business and support. If you have any questions, please contact us. Warm regards, .�Y GiLeyL �dB� Aaron Hoot Aaron Hoot President Aaron. Hoot(o)skywonderpyro. com Brandon New Brandon New Vice President Brandon. New(@skywo nderpyro. com Sky Wonder Pyrotechnics, LLC Tel 281-393-2500 3626 CR 203 Liverpool, TX www.skywonderpyro.com 77577 sales@skywonderpyro.com 5#<?O -71C7ER P Y R 0 7 E C H N I C S City of Round Rock ROUND ROCK rCXAS Agenda Item Summary Agenda Number: Title: Consider executing Term Renewal Agreement No. 1 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: 9/16/2016 Dept Director: Rick Atkins, Director Cost: $0.00 Indexes: Attachments: LAF Term Renewal Agrmnt Fireworks.pdf, Back-up Term Renewal Agrmnt Fireworks.pdf Department: Text of Legislative File CM -2016-1185 Consider executing Term Renewal Agreement No. 1 to "City of Round Rock Agreement for Fireworks Display Services" with Sky Wonder Pyrotechnics, LLC. This agenda item allows the City to enter a Term Renewal Agreement with Sky Wonder Pyrotechnics, LLC. for firework services. Sky Wonder Pyrotechnics purchased all assets from Alpha -Lee Enterprises, Inc. and will fulfill all previous contracts signed with Alpha -Lee Enterprises. The agreement can be used for any city event that might include a firework show. At this time, July 4th is the primary use of this agreement. For over 25 years, July 4th has been the main City fireworks display and cost $15,000 (General Fund) per year for an approximate 20 minute show. Department official recommends approval of this item. City of Round Rock Page 1 Printed on 912112016