HomeMy WebLinkAboutReso 2007-1070
RESOLUTION NO. 2007- 10'70
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH ADD FIRE, INC. TO PROVIDE A FIREWORKS DISI'LA Y FOR
THE CITY'S TENTH ANNIVERSARY CELEBRATION ON SATURDAY,
JUNE 16, 2007, IN THE AMOUNT OF FORTY THOUSAND DOLLARS
($40,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach desires to have a fireworks display at the
City's 10th anniversary celebration on Saturday, June 16, 2007; and
WHEREAS, Add Fire, Inc, has provided the City with a quote under the City of Bal
Harbour Contract, in the amount of Forty Thousand Dollars ($40,000.00), for a fireworks display
including the barge, water related costs, and permit fees; and
WHEREAS, this fireworks display neeessitates the use of a barge in the ocean which
Add Fire, Inc, is able to secure along with the required Coast Guard permit as they have worked
in the Sunny Isles Beach area in the past; and
WHEREAS, the City wishes to enter into an Agreement with Add Fire, Inc., in the
amount of $40,000.00, attached hereto as Exhibit "A", for a fireworks display at the City's loth
mUliversary celebration on Saturday, June 16,2007.
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Approval of Agreement. The City Commission hereby approves the agreement
with Add Fire, Inc, for a fireworks display on Saturday, June 16, 2007, in the amount of Forty
Thousand Dollars ($40,000.00),
Section 2, Authorization of Mavor. The Mayor IS hereby authorized to execute said
Agreement.
Section 3. Authorization of Citv Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
Section 4.
Effective Date. This Resolution shall become effective upon adoption,
PASSED AND ADOPTED this 19th day of April, 2007.
q
ATTEST:
D~A~
Jane A. Hines, CMC, City Clerk
AS TO FORM AND
FI IENCY
Moved by: VI (.(! 11'1~()........ T !:lM"E.e..
Seconded by: C'.Ilhvm'\..l1rIMJ'U? T..,GLti'l~
Vote: 4-0-1
Mayor Norman S. Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman -A: bs~
Commissioner Iglesias
V (Yes)
!:dYes)
V(Yes)
(Yes)
V(Yes)
_(No)
_(No)
_(No)
(No)
_(No)
2
CITY OF SUNNY ISLES BEACH
FIREWORKS AGREEMENT WITH ADD FIRE, INC.
CONTRACT NO. C0607-058
THIS AGREEMENT ("Agreement") entered into this ) q #) day of ~2007, by
and bctween the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "tity"), a municipal
corporation of the State of Florida, and Add Fire, Inc., a Florida corporation authorized to do busincss in the
State of Florida (hereinafter referred to as "Contractor"),
HECIT ALS
WHEREAS, the City of Sunny Isles Beach is in necd of a contractor to provide a high quality aerial
fircworks exhibition at the City's Tenth (10th) Anniversary celebration ("Services"); and
WHEHEAS, Contractor is a licensed and insured pyrotechnics company with the necessary
experience to provide the desired Services; and
WHEREAS, the Contractor has been awarded fireworks display contracts and provided such services
to the Village of Sal Harbour and the City of Hialeah Gardens, two neighboring local government agencics;
and
WHEREAS, the City desires to enter into an agreement with Contractor, using the Village of Sal
Harbour and City of Hialeah Gardens' contract information, to provide the Services described in Attachment
"A", attached hereto and made a part hereof, subject to the terms and conditions containcd hcrein; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county
or other govcrnmenta1 contracts, or competitive bids with other governmcntal agencies are exempt from the
City's competitive bidding procedures.
NOW THEREFORE, in consideration of the prcmiscs and the mutual covenants herein names, the
parties agree as follows:
TEHMS
I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a
part hereof.
2. SEHVICES: Contractor shall deliver a filieen (15) minute or more high quality, energetic and
exciting aerial fireworks exhibition at the City's Tenth Anniversary Celebration on June 16, 2007.
Contractor agrees to furnish qualified technicians and all labor equipment and materials in a good,
workmanlike and professional manner, and to perform the Services designated in Attachment "A" attached
hereto, which is incorporatcd herein by refcrence. The Services described in Attachment "A" shall be
performed by Contractor to thc full satisfaction of the City.
C0607-058 Add Fire, Inc. Agreement
Page 1
0\\3
,')
Ci(l' of SUIIII)' Isles Beael!
18070 Collins A venue, Sunuy tsles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor agrees to have a qualified representative to audit and inspect the Services provided on a
regular basis to ensure all Services are being performed in accordance with Attachment "A" and shall rcport to
the City accordingly. Contractor agrees to immediately inform the City via tclephone and in writing of any
problems that could causc damage to the City's property, improvements and persons, Contractor will rcquire
its employees to perform their work in a manner betitting the typc and scope of work to be performed. In the
event that the Contractor fails to complete performance pursuant to the tcrms of this contract and City must
undertake the completion of performance of Scrvices, Contractor agrees to indemnify the City for all costs
incurrcd with respect to the completion of those Services and any damages the City may suffer as a result of
the failure of performance by Contractor.
3. COMPENSATION: Payment to Contractor for all charges under this Agreement shall be in
accordance with this Agreement and a schedule of charges or tasks retlected in Attachment "A". The total
amount of cOlllpensation payable by the City to the Contractor shall be an amount not to exceed
$40,000.00, inclusive of all permitting services and permit fees, and an additional $1,750,00 in the event
of rescheduling, at the Cil)"s option, due to inclement weather, or any other hazard, (excluding June 25,
2007 through July 10, 2007). Thc Contractor shall make no other charges to the City for supplies, labor,
licenses, permits, overhead or any othcr expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City, If the City disputes any charges on the invoices, it may
make payment of thc uncontested amounts and withhold payment on thc contested amounts until they arc
resolved by agreement with Contractor.
4. AVAILABILITY OF FUNDS, The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City Commission,
5, UNDISCLOSED CONDITIONS: In the evcnt that undisclosed conditions are discovered during
the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30)
days written notice to contractor. Upon termination, the City may re-bid the project if the contractor fails to
perform under this Agreement due to the undisclosed conditions,
6. INSURANCE: Contractor shall, at its sole cost and expense, during the period of any work being
performed under this Agreement, procure and maintain the following minimum insurance coverage to
protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its
agents, sub-Contractors or employees, as indicated below:
o
Comprehensive General liability insurance, including broad form contractual liability
coverage for all operations, including, but not limited to, contractual, products, and
completed operations, personal injury and property damage liability with minimum limits
of Two Million Dollars ($2,000,000) per occurrence.
o
Worker's Compensation, as required by law, but with no less than $1,000,000 for
Employer's Liability,
C0607-058 Add Fire, Inc. Agreement
Page 2
S J '"
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Cit)' of SIIIIII)' Isles Beaell
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305}'J47~()60lJphone (30'5f'l'lg:3Tr:J ~ax
o Business Automobile Liability which shall include coverage for all owned, non-owned and
hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per
occurrence, One Million Dollars ($ I ,000,000) per accident for bodily injury and Five
Hundred Thousand Dollars ($500,000) per accident for property damage,
o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined
with the foregoing limits provide total covcrage of at least Five Million Dollars
($5,000,000).
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-
insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance
policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida
and acceptable to the City with a minimum Best rating of A-Excellent. Before any work under this
Agreement is perfonned, and at any time upon request, Contractor shall fUl'llish to the City
eel'tifieates of insurance evidencing the minimum required coverage and shall be appropriately
endorsed for contractual liability, with the City named as additional insured, All policies shall
contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City's Risk Management Department. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30)
days prior written notice to the City. The City reserves the right from time to time to change the insurance
coverage and limits ofliability required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its sub-Contractors providing services hereunder (if
any) procures and maintains, until the completion of the services, insurance of the types and to the limits
speeified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
7, OWNERSHIP OF DOCUMENTS: The pmties agree that all documcntation and work product
produced pursuant to this Agreement shall become the exclusivc property of the City and shall be made
available to the City within ten (10) days of request.
8, RELATION TO PARTIES: It is understood and agrccd that nothing containcd in this Agreement
shall be deemed to create a p3ltnership, joint venture, other association, or an employer/employee relationship
between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to
have entire charge, control and supervision of the work to be performed hereunder.
C0607-058 Add Fire, Inc. Agreement
Page 3
S\B
City of Sill/II)' Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
9. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances
of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement
("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and
consents necessary for the lawful conduct of the activities contcmplated under this Agreement
Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in
state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62-16 entitled
"Ethics in Public Contracting," As provided in Section 62-16, Code of the City of Sunny Isles, the City
Commission may terminate this Contract for violation of the above-referenced ethical standards,
10, WAIVER OF LIABILITY/INDEMNITY: The City shall not in any way be answerable or
accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence
or omission of Contractor or anyone of its employees, contractors or agents, Contractor hereby agrees to
indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or
expense, including attorneys' fees, whether or not due to or eauscd in whole or in part by City or its
employees, arising out of (i) the performance or breach by the Contractor of its obligations under this
Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property
resulting from the performance or breaeh by Contractor. Contractor hereby irrevocably waives any right and
agrees not to file any mechanic's or materialman's lien against City property.
11, ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City
and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all
assets or any similar transaction, Notwithstanding the foregoing, this Agreement is personal to the Contractor
and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereundcr
without first obtaining the City's consent in writing, Any such attempted assignment or delegation shall be
deemed of no legal force and effect \vhatsoever.
12, TERM: The term of the Contract shall commence upon execution, and shall terminate upon
completion of the City's 101h anniversary celebration fireworks display on Saturday, June 16, 2007, In the
event that the Display Date is postponed, then Contractor shall sell, furnish, deliver, exhibit and display the
planned aerial celebration fireworks on June 23, 2007, Payment will be made only for work completed to the
satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and
continue in a diligent manncr until work is complete. Contractor acknowledges that compliance with the
commencement and completion schedule is on the essence of this Agreement The terms of Sections 9 and 10
entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination
of this Agrecment
13. TERMINATION: The City shall have the right to cancel this Agreement at any time during the term
hereof, upon ten (10) days notice to the Contractor.
14. NOTICES: All notices and other communications required or permitted to be given under this
Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided
herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by
C0607-058 Add Fire, Inc. Agreement
Page 4
SIB
Ci(J' of SUIlIl)' Isles Beae"
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-31t3 Fax
guaranteed overnight delivery by a nationally recognized couricr service, or (iii) by facsimile with
confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage
prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service),
addressed to such party as follows:
I f to the City: A. John Szerlag Hans Ottinot, Esq,
City Manager City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Ave. 18070 Collins Avcnue
Sunny Isles Beach, Florida 33160, Sunny Isles Beach, Florida 33160,
Ph: 305-947-0606 Ph: 305-792-]702
If to the Contractor: Tcd A, Walker, President
Add Fire, Inc.
11370 NE 8 Avenue
Biscayne Park, FL 3316 I
Ph: 305-895-2231
Fax: 305-592-0924
15, GOVERNING LAW: The validity of this Agreement and the interpretation and performance
of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without
regard to principles of conflict of laws thereof, The location of any legal action or proceeding commcnced
under or pursuant to this Agreement shall be in Miami-Dade County, Florida.
16. CONFIDENTIAL INFORMATION: The Contractor shall not, either during the term of this
Agreement or any time for a period of TEN (10) years subsequent to that date upon which thc Contractor
shallleavc the employment of thc City for any rcason whatsocver, disclose to any person or entity, other
than in the discharge ofthc dutics of the Contractor under this Agrecmcnt, any information which thc City
dcsignates in writing as "confidential," As a violation by thc Contractor of the provisions of this Section
could cause irreparable injury to the City and there is no adequate rcmedy at law for such violation, the
City shall havc the right, in addition to any other remedies available to it at law or in equity, to enjoin the
Contractor in a court of equity for violating such provisions,
17, REMEIHES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor
in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to curc
such failure. If Contractor is unable to cure such failurc to perform, then City shall receivc a refund ti'om thc
Contractor in an amount equal to the actual cost of a third party to cure such failurc. Thc City may suc for
damages in circuit COllli. 1fCity fails, refuscs or is unable to perform any tcrm of this Agrcement, City shall
pay for services rendered as of the datc oftcnnination.
18, ATTORNEY'S FEES: If this matter is placcd in thc hands of an attorney for collection, or in
thc event suit or action is institutcd to ellforce any ofthc tcrms or conditions of this agrcement, the losing party
C0607-058 Add Fire, Inc. Agreement
Page 5
SIB
Cit)' oj SUII/I)' Isles Beach
18070 Collins Avenue, Sunny Isles 13eaeh, Florida 33160
(303)947-0606 phone (305) 949-3113 Fax
shall pay to thc prcvailing party, in such suit or action in both trial court and appellate court, together with
rcasonable attorney's fees for the anticipated cost of collection and judgment enforccment.
19, MISCELLANEOUS:
A, In thc cvent any provision of this Agrcement is found to bc void and unenforceable by a court
of competent jurisdiction, the rcmaining provisions of this Agrccment shall nevertheless be binding upon the
parties with the same effect as though the void or uncnforceablc provisions had been severed and deleted.
8, This Agreemcnt may be cxecuted in multi pic identical counterparts, each of which shall bc
dcemed an original for all purposes,
C. This Agreement shall constitute the entire agrecment between the parties with respcct to thc
subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations,
commitmcnts, agreements and undcrstanding rclating hereto,
D, Any modification of this Agrcement shall bc effective only if in writing and signed by the
parties to this Agreement.
E. No waivcr of any provision of this Agrcement shall be valid or enforceable unless such waiver
is in writing and signed by thc party granting such waivcr.
20, CONFLICTING PROVISIONS: The tcrms and conditions 111 this Agrcemcnt supersede any
other conflicting provisions that are contained in any othcr document.
C0607-058 Add Fire, tne. Agreement
Pagc 6
(' I J'.
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'.J
City of SWIIIY /sIcs Beue"
18070 Collins A vemle, Sunny ts1es Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the parties hereto have cxecuted this Agrecment in triplicate on the day
and year first written above.
WITNESSES:
CONTRACTOR:
ADD FIRE, INC.
~40
1)J1~ O}t!d.ifi2-fJv
BY:
~v~
Ted Walker
tu~
ATTEST
~r1/V\1 A ~L-
Janc Hines, CMC, City Clcrk
C0607-058 Add Fire, tnc. Agreement
Page 7
S'
"J
." I D
Attachment A
Scope of Services
Contractor shall:
1. Sell, furnish, deliver, exhibit large aerial fireworks display for the City on
Saturday, June 16,2007, ("Display Date") for its tenth anniversary celebration in
a manner further provided on pages 2 and 3 to this exhibit,
2. In the event that the Display Date is postponed, then Contractor shall sell, furnish,
deliver, exhibit and display a large aerial fireworks display to be exhibited on
June 23, 2007 ("Postponement Date"),
3, Contractor shall provide sufficient trained personnel.
4, Obtain a barge for display of fireworks in the coastal waters of the City of Sunny
Isles Beach adjacent to Samson Park.
City shall:
I. Furnish the neccssary Policc and fire protection for the display arca.
2, Cooperatc with Contractor to securc all Police, Local, and State Permits, however,
Contractor shall solely bc rcsponsiblc for filing all necessary pcrmit applications.
3. Prior to, during and immediatcly following the display, bc solely responsible for
crowd control and dirccting all persons, exccpt for Contractors' employees, out of
thc designated dangcr areas and bchind safety zonc lincs,
The Parties mutually agree:
], Contractor rcservcs the right to make minor modifications and substitutions
providcd that such changes arc necessary and acceptable to thc City, and do not
advcrscly affect pricc, time of dclivcry, functional charactcr or display
pcrformance.
2. If thc location of the firing site, spectator's location, parking areas or structurcs is
decmcd unsuitable or unsafc in thc discretion of Contractor or its agcnts or
pcrsonnel, Contractor may redircct thc firing site to a morc suitable site, but no
further than 200 yards away from thc shoreline of the beach area, adjacent to
Samson Park,
Additional Services
If thc need for additional work or changes undcr this Agrcement is idcntified by
Contractor during thc coursc of performing its obligations hereundcr, Contractor shall sct
forth such additional work and thc cost thercof in a supplcmental work ordcr (a
"Supplcmcntal Work Ordcr") and submit such Supplemental Work Ordcr for approval by
the City no later than Junc 11, 2007. No such additional work shall be donc or paid for
without thc spccific prior written approval of the City.
(' It'
d j
Compensation
. Contract amount: $40,000.00
. Fifty percent (50%) is due upon the execution of the Agreement and the balanee
due at noon on last display date,
. Payments shall be made by Draft or Certified Check made payable to Add Fire,
Inc" unless otherwise authorized in writing by Contractor's contact person.
. It is agreed and understood by the parties hereto that in the event fireworks have
been taken out and set up before inclement weather and with adequate weather
prevailing, such exhibition of fireworks will be carried out in the best possible
manner without any deductions from the before named compensations, Should
inclement weather prevent firing of said display on the aforementioned Display
Date, then it will be understood that program is postponed and will be fired on the
aforementioned Postponement Date, and the charge to cover the cost of
postponement is $ I ,750.00. If there is no alternate date and the program is not
fired on the aforementioned Display Date, then it will be understood the program
is cancelled and there will be a charge to cover the cost of caneellation, which is
fifty percent (50%) plus permits and firewatch fees.
Display will include at minimum:
The firing of a minimum total of707 total shells including:
200 - 3" aerial shells
88 - 4" aerial shells
66 - 5" aerial shells
45 - 6" aerial shells
8 - 8" aerial shells
300 - 3" grand finale shells
The shells will be fired at a rate of at least 30 per minute (one every 2 seconds),
Burst height will range from 300' to 800'.
SIB
Cify Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City AHorney
Jane A. Hines
City Clerk
May 3,2007
Ted A. Walker, President
Add Fire, Inc.
P.O. Box 530673
Miami Shores, Florida 33153
Re:
Fireworks Agreement with Add Fire, Inc.
Dear Mr. Walker:
At its regular meeting of April 19, 2007, the City Commission adopted
Resolution No. 2007-1070, which approved a Fireworks Display Agreement with
Add Fire, Inc. Enclosed are a copy of the approving resolution and an executed,
original agreement for your files.
Thank you.
r3tru,IY yours,
~~W~'-
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Susan Simpson, Cultural & Human Services Department
Anice Paul, Administrative Assistant to Finance Director
Shaun S. Gelvez, Contracts Coordinator
Add Fire rnc Fireworks Exec Agrffit Trans Ltr
Cify Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Comrnissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A Hines
City Clerk
April 26, 2007
Ted A. Walker, President
Add Fire, Inc.
P.O. Box 530673
Miami Shores, Florida 33153
Re:
Fireworks Agreement with Add Fire, Inc.
Dear Mr. Walker:
At its regular meeting of April 19, 2007, the City Commission adopted
Resolution No. 2007-1070, which approved a Fireworks Display Agreement with
Add Fire, Inc. Enclosed are three (3) original agreements for execution by you
and two witnesses.
Upon completion, please return all three (3) originals to my attention. I will then
finalize processing of the agreements and return an original, executed agreement
and a copy of the approving resolution to you.
Thank you.
Very truly yours,
~~ LU~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Susan Simpson, Cultural & Human Services Department (w/o enclosures)
Shaun S. Gelvez, Contracts Coordinator
MEMORY TRANSM I SS ION REPORT
FILE NUMBER
DATE
TO
DOCUMENT PAGES
START TIME
END TIME
SENT PAGES
STATUS
FILE NUMBER 964
~
~
(305)
TIME
TEL NUMBER
NAME
APR-16-2007 02:56PM
0000000000
01ADGJMGJMGJMGJMGJMGJMGJMGJMGJMGJM
D" 1
964
APR-16 02:49PM
93055920924
011
APR-16 02:49PM
APR-16 02:56PM
011
OK
*** SUCCESSFUL TX NOT I CE ***
CITY <:>F STJ:r-.J:r-.JY ISLES BE.ACI-J:
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SLJNNY ISLES BEAC:F-I. FLORIDA 33160
957-1303 PHONE (305) 949-3113 FACSIJV[JLE
F.A.CSII\.I.I:l::r_E. TR.A~Sl\-'J:I-r"TAL S:E-I:.EET
1'vl.l:;. Ted '-XTalker
Shaun. S. <3-elvez
"rc.yrAL N<::>_ C)I'" l~^CiF_"'i. JNC;T.ur:>lNG COVE-:J:t:
11
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Add Fire,. I:J:1c.
I.:.lA"rE.:
April 16. 2007
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305-592-0924
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Thanlc you..
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co."fid~~Q~I M..r.a'd/ur f~G'4IJ-tY p.l7.~~ ~-.s.d ~:~ 16:J1~cndc::d o.n.!Y.I'O.I" use a.r~~ add.rc=:9!'it~ de_"i'~~~ed ...,boYC". .r.f,u~c:' l"'IC'.snJer orchl~-I73C:!J;.b-.u~ ~ 17'0~ c;he U:Jcel:Jldcd
.l'"C'C7PICI7',.. .or ,he ~pIo.Jrcc:' .or .slb~~' ~$,po....,...,~n~ '0 d.eh"YI!!!r if' ~o U;u!" i~~~ded .nc:'c:-..p."c:-..nl;. 'he- TC'su:le-r ~ hc.rr~y ~ocifi'ed chHr _~y dl:S~04N'~ ~P"y.i'rl,g:o
d,'sl77b.l&o...,.. or ,~ t::u~C ur SlI7;Y _c-.~~ U.i ~i~nce o.~ dIe COrl~_.i~ of dll(~ CO~nr7l1ni'~Ir.i'on A- -5~ccfJ' ~"rcd. IF .~U hR~ ~..,-vcd dl(~
~~.::::2dun in ~ pI~9C~~n=(Yl7o~ rhm a.i!l7'CtCby ~~p.hOI7~_~.Ir~ c:hc o.nig-.m:z.ll.n~~ Ia du:~ ~cc byr:P.l(Ja,,-,.
.lANE A HINES. CTTY CLERI<
PRISCILLA ~ALKER, DEPUTY CITY CLER:K.
S:F-i.........Ul"'I GELV.E.Z~ CON"TRACTS c:OORDTN..........TOR
1V.I ..<"- U R I C lOB E T ~'\.. N CUR ~ .A I:> l'v1' I 1'..J I S T R. ~"- T I V Eo C C> 0 R DIN A ~r 0 H_
-.
CITY OF SUNNY ISLES BEACH
OFFICE OF THE CITY CLERK
1 8 0 7 0 C 0 L L INS A V E N U E, 4 I II F L 0 0 R
SUNNY ISLES BEACH, FLORIDA 33160
(305) 957-1303 PHONE (305) 949-3113 FACSIMILE
FACSIMILE TRANSMITT AL SHEET
Mr. Ted Walker
1'1(01\1
Shaun S. Gelvez
10
COMPANY:
Add Fire, Inc.
DATE:
April 16, 2007
FAX NUMBER:
305-592-0924
10T/\L NO. OF PAGES INCLUDING COVER
11
PHONE NUMBER'
SENDL:R'S I(EI,EIU:NCE NUMBER
RE:
YOUR RIYERE:NCE NUMBLJ(
Agreement for Fireworks Display
o URC ENT
o FOR REVIEW
o PLEASE COMMENT 0 PLE.>\SE REPLY
o PLE/\SE RECYCLE':
NCJ'J'ESjC:OMMEN'!,S
In effort to expedite the process and have this contract approved at this month's City Commission
meeting, I am faxing and mailing the contracts for your signature. Please fax back to my attention
the signature page AND mail all three originals. After the Commission meeting, I will return a
completed executed agreement with its approving resolution.
Thank you.
The docwnents accompanying this facsimile transmission contain information bclonging to the City of Sunny Isles Beach. This information may be
confidential and/or legalJ.v privileged and i, intended onJ.v for use of the addressee designated above. If the reader of this message is not the intended
recipient, or the employee or agent responsible to deliver it to the intended recipient, the reader is hereby notified that any disclosure, coppng,
distribution or the taking of any action in reliance on the contents of this commwIication is strictJ.v prohibited If you have received this
commwIication in error, plea.,e immediately- notifY this office by telephone and retum the original message to this office by mail.
JANE A. HINES, CITY CLERK
PRISCILLA WALKER, DEPUTY CITY CLERK
SHAUN GELVEZ, CONTRACTS COORDINATOR
MAURICIO BETANCUR, ADMINISTRATIVE COORDINATOR
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
(305) 947-0606 City Hall
(305) 947-2150 Building Department
(305) 949-3 I 13 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, Cily Clerk
April 16, 2007
Ted A. Walker, President
Add Fire, Inc.
11370 NE 8th Avenue
Biscayne Park, Florida 33161
Re: Agreement with Add Fire, Inc. to Provide a Fireworks Display for the City's 10th
Anniversary Celebration on June 16,2007
Dear Mr. Walker:
The above agreement to provide a fireworks display for the City's 10th Anniversary Celebration
is scheduled for City Commission consideration on April 19th, 2007. City policy requires
agreements to be signed by the vendor before Commission consideration. As such, we have
enclosed three (3) original agreements for signature by you and two witnesses.
Upon completion, please return all three (3) original agreements to my attention by Wednesday,
March 14, 2007. After approval by the City Commission, we will then finalize processing of the
agreements and return an original, executed agreement and a copy of the approving resolution to
you.
Thank you.
Very trul yours,
~
Shaun Sharon Gelvez
Contracts Coordinator
Enclosures
04/19/2007 14:12 3055920924
ADD FIRE INC MIAMI
PAGE 01
ADD FIRE, INC.
po. Box 530673
Miami Shores, Florida 33153
Phone (305) 895.2231
(305) 592..7979
FAX NO: (305) 592-0924
To:
A. John Szerlag
Number of Pages: IO~ f'
Company: City of Sunny Isles Beach
Date:
April 19, 2007
Fax No:
305-792-1561
From: Ted A. Walker
MESSAGE
Dear Mr. Szerlag:
Thank you for using Add Fire as your fireworks company. We are looking forward
to helping you celebrate your 10th anniversary. Our signed agreement follows and
we are moving forward with the permitting process.
Sincerely,
~
Ted A. Walker
President
04/19/2007 14:12 3055920924
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PAGE 02
F-884
CITY OF SUNNY ISLES BEACH
FIREWORKS AGREEMENT WITH ADD FIRE, INC.
CONTRACT NO. C0607-058
TIUS AGREEMENT ("Agreement") entered into this /7tf! day of btlL 2001. by
and between !he CITY OF SfJNNY ISLES BEACH (hercinafter r!ferred as to "City"), a municipal
corporation of the State of Florida, and Add Fire, lAC., a Florida corporation authorized to do busincss inth~
State of Florida (hereinafter referred (0 as "Contrllctor"),
RE<;lI~LS
WHEREAS, the Ciry of Sllnny Isles Beach is in need of a contractor (0 provide a high quality aerial
fireworks exhibition at th= City's Tenth (1 QIM) Anniversary celebration ('"Services"); and
WHEREAS, Contractor is a licensed and insured pyrotechnics company with the necessary
experience to proviae the desired Services; and
WHEREAS. thc= Contrnctol' has been awarded fireworks display contracts and provided such services
to the Village of 801 Harbour and the City of Hialeah Gardens, t'YO neIghboring local jovemmellt agencies;
and
WHEREAS, the City desires to enter into an iirec:ment with Contractor, using the Villagc= of 8al
Harbour and City of HiAleah Gardens' contract informatioll, to provido the Services described in Attaehment
"A", attached hereto and made a pan hereof. subject to the terms and conditions contained herein; and
WHEREAS, plu'suant to the City's procurement code provisions. purchas~ made under state. county
or other governmental contracu. or competitive bids with other governmental la=ncielll are exempt from dle
Cil)'s competitive bidding proCCdUl'C$.
NOW THERErORE. in consideration of the premises and the IY1lltuaJ covenants herein names, the
parties agree as follows:
TERMS
L ' KEen ALS: The r~cilals set forth above are hereby illcorporated into this Agreament and made a
part hereof.
2. SltRVICEl; Contraclor shall deliver a fifteen (IS) minute or more high quality, energetic and
excitina aerial fireworks exhibition at (he City's Tenth Anniversary Celebration on June 16, 2007.
COntractor agrees to fumish qualified technicians and all labor equipment and materials in a iood.
workmanlike and professional manner, and to perfonn the Services desi~nated in Attachment "A" attached
hereto. which is incorporated herein by reference. The Services described in A11achment "A" shall be
performed by Contractor to the full ~atisfaction of the City.
C0607'()~8 Add Fire, In" Aarecmcnt
Pale I
'.
')
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~_J
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PAGE 03
F-BU
City of SUlIny Isles Beach
18070 CDllin, Avenue, Sunny liles BelICh. Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
~
Contractor agrees to have a qualified repre5Cntative \0 audit and inspect the Services provided on a
regular basis to ensure aU Service!l are beins perfonlled in accordance with Attachment "A" and shall report to
the City accordingly. Contractor agrees to immediately inform the City \Oja telephone and in writinl of any
problems (hat could caLIse damage to the City's property, impronments and persons. Contractor will require
irs employees to perform their work in a manner befitting the type and scope of work to be perfonned. In the
event that the COrltractor fails to complete pcrfonnance pursuant to the terms of this contract Artd City must
undcnake the completion of performam:c of Servicl:s. Contractor agrees to Indemnify the City for all costs
incurred with re9pe~t to the ccmpletion of those SCl'\'ices and allY dllmages the City may suffer iSS a result of
the failure of performance by Contral:tor.
3. COMPENSATION: Paymem to Contractor for all charges under this Agrecmem shall be in
accordarIcc with tbis AfJl'ecmcnt and a ~hccJule of charges or ta~ks reflected in Anac:hlnent "A". The IOtul
amount of eompensation payable by the Ciry to the Contra~tor shall be 08 Amount not to exceed
540,000.00, incla.tve of an permJnlne services and permit tees, and an additional Sl.7~0.OO In the event
of reschedulIDE. at the City's option, du&! to inclement weather, or any other hazard, (exdudine JURe 25,
200'7 througb July 10. %007). The Contrattor shall make 110 other charges to the City for supplies, labo(,
licenses, pennitl. overhead or any other expenses or COSts unl~ss any such expense or cost is incurred by
Contra<:tor with the prior writtell approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the: contested amounts unlit they Ire
resolved by agreement wi1h Contractor.
4. AVAlLABILITV OF FVNDS. The City's performance and obligation to pay lUlder this
Agreement is contingent upon an annual appropriation for its purpose by the City Comnlission.
5. UNDISCLOSED CONOJT10NS: In the ~venl that undisclosed conditions are discovered during
the performance of this Agreel1..u~nt, the City shall have the riSht to cancel this Agreement upon thirty (30)
days written nl:>ticc to comractor. Upon rennination. the City mllY rc-bid the project if the contractor fails to
perform under this Agreement due: to the undisclosed conditions.
6. IN~JlRAl'fC:tj Contractor shall. at its sole cost and expense. durinc (he period of any work being
performed under this Agreenlel1t, procure and maintain the following minimwn insurance l;overage to
protect tbe City and Contractor against all loss, claims. damage EUld liabilities caused by Contractor, its
agents, sub-Contractors or empJoyees, as indicated below:
l;I Comprehensive General liability insurance, includinj broad fonn contrattual liability
coverage for all operations. including, but not limited 10, contractual, products, and
completed operations, personal Ll1.;Ul.y and property damage liability with minimwn IhTlits
of Two Million Dollars ($2,000,000) per OCCu.rTcnce.
o Worker's CompenSAtion, as required by law, but with no less than $1,000,000 for
Employer's Liability.
C0607-05B ACkl Fir8, rnc. Agreement
Paie:2
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PAGE 04
He.
City of SIIIUtY Isla Beach
18070 Collins AVerlul, Sunny Isles Beach, Florida 33160
(305) 947..Q6Of; phone ()O~) 949-3]13 Fax
CJ Business Automobile Liability which shall include coverage for all owned, non.owned and
hired vehicles for mininuUD lin'lits of not less than One Million Dollars ($1,000,000) per
OCClJrrence. One Million Dollars ($) .000.000) per accidellt for bodily il\iury and Five
Hundred Thousand Dollars (S~OO.OOO) per accident for property damage:.
a UmbrellalEx.cess Liability covcraic in addition to the foregoing limits that when combined
v-ith the foregoing limits provide: tota! coverage of at JeB5t Five Million DoHan
($5,000,000).
Insurance required of the Contractor shall be priml1'y to. and not contribute with, any insurance or self.
insurance maintained by the City.
Such insumm:e shall not dimini!lh Contractor's indemnification and obligations herel.uuier. The insurance
policy(ies) shall be issued by companies authorized to do business under th!! laws of the State of Florida
and acceptable 10 the City with a minimum Best rating of A-Excellent. Before aDY work under this
Agnement is performed, aad at :lIlY time upon request, Contrador shan furn1sh to the Ciry
certificates of insurance evidencing the minimum required covenee and sball be appropriately
endorsed for Loontractual liabUity, with the City named .5 additioQal insured. All policies shall
contain a waiver of subrogation endorsen1ent. All policies and certificates shall be in forms and issued by
insurance companies acceptable to the City's Risk ManBgl:JJ1ent Department. All insurance policies and
'certificates of ins\.nance ~hal\ provide that the policies may not be canceled or altered without thirty (30)
days prior written. notice to the City. The City reserves the right from time to time to cbanie the insurance
coverage and limits of liability required \0 be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its sub-Con1I'~ctors providina services hereunder (if
any) procures tUld maintains. until the completion of the services, insurance oithe tYI'C5 and to the limit~
specified herein.
ANY EXCEPTIONS TO THE INSURANCE .REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
7 0 D~i.:R.."HIP OF DQCUMtNTS: The parties agree that all c1oCumenl.lllion and work product
pTOdu~ed pursUant to this Asrcement shall become the exclusive property of the City and shall be made
available to the City within ten (10) da)'!! of request.
8. RELATION TO PARTIES; it ill understood and lI!,.'t'eed that nothing comained in thi!l Agreement
shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship
bc=tween the: Contnctor and the City. Contractor shall be in the relarion of an independent contrKtor and is to
have entire chnrge. control and supervision ofthe work to be performed hereunder.
C0607.o58 Add Jt'i~, Inc. Agreement
Page 3
" '.
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PAGE 05
F.U84
City of Suny Is/el Bead
18070 Collins A veJl\Je~ Sunny lsl~s Btach, Florida 33160
(30~) 947-0606 phone (305) 949-3113 Fax
9. COMPLIANCE WITH LAW: Contractor shall comply with all Jaws, regulalions and ordinances
of any federal, Stale, or local govemmental authority having jurisdiction with respect to (hill Agreement
r' Applicable Laws") and shall obtain and maintain an)' and all material penniu, licen~, approvals and
consentS necessary for the lawful conduct oflhc: activities contemplated under this Agl'eement.
Specifi~lly, Contractors shall comply with all applicable conflict ot' interest provisions IS provided in
state statutes. Miami-Dade County Code and tbe Code of the City of Sunny 1slcs (Section 62..16 entitled
;'Ethics in Public Contracting." As provided In Section 62..] 6. Code of rhe Cil)' of Sunny [sics. the Cit)'
Commission lTlay tel'minale this Contract for "iolation of the above~refer~nccd ethical standards.
10. W~I\i'ER 0' LU.BrUTV/fNDEMNITV: The City shall not in any way be answerable Or
ac(;()untablc Cor any violations of applicable laws or for any injury, loss or damage arising from the negligence
or omission of Contractor Dr anyone of its employees, contr8CtO~ or agents. Contractor hereby agrees to
indemnify, defend and hold harmlc:ss the City from and against any claim. los~. damage. liability, cost or
CKponsc. including attorneys' fees. whether or not due to or caused in whole or In part by City or its
employees, arisin8 out of (i) the performance or breach by the Contractor of its obligations under this
Agreement. (ii) any persol'ial or bodily injury. including death, to any person a.nd destruction of property
resulting from the performance Or breath by Contractor. Contou:tor hereby irrevocably waives any right and
agrees llot to file any meehflnic's or InBteriahTlan'g lien against City J:lroperty.
11. ~NMENT! This ^areement snail be bindins uJ:lon and shall inure to the benefit of the City
and to Bny Ilnd all of its slIccessors and 8s~igns, whether by merger, consolidation. transfer of subsumtially 311
assets or any similar transaction. NOtwithstanding the foregoiuc, this Agreement is personal to the Contractor
and it ma.y not, either directly or indirectly, assign its rights or delegate its obligations to Cjty hC!~under
wirhoutfirst obtaining the City'~ consent in writing. Any such attempted assiinment or delegation shall be
deemed of no legal force and efT'-'ct whatsoever.
12. J:ERM: The term of the Contract shall commence upen eX8!Cution. and shall tcnnimue upon
completion of the City':s ) Olh anniversary celebration fireworks display on SatIJrday, .June 16, 2007. In the
event that the Display Date is postponed, th~n Contractor shall sell. fumish, deliver, e)(hibit and di!lplay the
planned aerial celebration fireworks on June 23. 2007. Payment will be .made only for work complcwd to the
satisfaction of the City. Conn'actOr is to Commence perf o I1n ance of work 011 the Commencement Date and
continue in a dillaent manner until work Is complete. COl'ltrllctor ac.knowledges that compliance with th~
commenQemenl and completion s~heduJo is on the essence of this Agreement. The tenns of Sections 9 and 10
entitled "Com"lIance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive tel1nination
of this Agreeanont.
I J. l'ERMINA nON: The City shall have the right to canc~1 this A.arcement at any time durina the tenn
hereof. upon ten (10) days nOlicc to the Contrsctor.
l4. NOTICES: All notices and other communications required or permitted to be given under this
Ajreement by either party to the other shall be in writing and shell be sent (except as otherwise: provided
herein) (i) by cenifled or reaistered mall. firsl clus p05ta~ prepaid, return receipt req~sted, (ii) by
C0607.()S8 Add Fire. Inc. AiTcement
Pace 4
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F-BS4
City of Sunny Isles B~Qch
18Q70 Collin' Avet1lJl!. Sunny Isles Beach, Flodda :33160
(305) 047-0606 phone (305) !J49--3113 Fax
guaranteed overniaht dl:li\lcry by a nationally rec.ognized courier service, or (iii) by facsimile wilh
confirmatiDn receipt (with a cop~ simultaneously sent by certified or registered mail, first class postage
prepaid. return l'eceipt requested or by overnight delivery by traditionall) recognized courier service).
addresscd to such party as tallows:
If 10 the City:
A. Jobn Szerlag
City Manager
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, Florida 33160.
Ph: 305-947-0606
Ted A. Walker, President
Add Fire. Inc.
t J 370 NE 8 Avenu~
I BIscayne Park. FL 33161
j' Ph: 305-895-2231
Fa,,: 30S.S92-0924
I Hans OUinat, Esq.
! City Attorney
i City of Sunny Isles Beach
i 18070 Collins Avenue
Sunny hIes Beach, Florida 33160.
Ph: 305-792-1702
! If to the contiac",,,
!
i
I
I
I
I
15. GOVERNING LAW: The validity of this Agreement and the inte11'retation and pcrfonnance
of aU of it! terms shall be construed Qnd enforced in Qccordarlcc: with the laws of the State of Florida; without
regard to principles of conflict of laws thereof. Th" )Qcntion of any JegulactiQn or proceeding COmmenced
under or pursuant co thIs Agreement shaH be in Miami-Dade County. Florida.
16, ~ONFIDENTIAL INJ'ORMAT'O~: The Contmcror shall not, either during The tenll of this
Aircemcnt or any time for a period of TEN (10) years subsequent to that date upon which the COnluctor
shall leave the employment of the City for any reason whaflloever, disclo5C to any person or entity, other
lhan in the discharae of the duties of the Contractor lDlder this Agreement, any information which lhe City
desilnmes in writing as "confidential:' Asa violation by the Contractor of the provisions oftbis Section
could cause irreparable injury to ~he City and there is 1]0 adequate remedy at Law for such violation, the
City shall have the right, in addition to any other remedies available tQ it at low or in equity, to enjoin the
Contractor in a. coun of equity for viQlatins such provisions.
17. REMEDIES 'OR BREACH: Should Conuacto.' fail to perform, City shall notifY Contractor
in writing olsuch failure to perform and Contractor shall have thirty (30) daY5 ofr:ceiving such notice to cure
'iuc:h failure. If Contractor is unable to cure such failure to perform, then CI1.). shall receive a refund from tbe:
Contractor in an amount equal 10 The actual cost of a third part)' to cure llillCh failure. Tne City may SUI: for
damlges in cir'cuit court. If City fails, refuges or Is unable to perfonn any term of this Agre~ment. City shall
pay for services rendered as of the date of termination.
18. ATTORNE~'S FEES: If tbis matter is placed in the hands of an anomey for collection, or in
the event suit or action is in8tituled to enforce an)' of me: terms or conditions of this 8greemem, the losinj port)'
C0607~58 Add Fire, Inc. Agreement
Page s
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PAGE
HU
07
City of Sum.)' Js/~$ Beach
J 8070 Collins A venue, SUM)' Ijl~ Bc:ach, FJOl;~ jJ 160
(305) 94 7.0606 phone (30S) 949-3l13 Fax:
shall pay W the prevailing party, in such suit or action in both trlBI court and ap~l12lte conrt, tOlcrl\er wilh
rU50nable attorney's f~es for the anticipated c:ost of collection and judgment enforcement.
19. MI~ELLANEOUS:
A. Tn the event any provision of this Agreement is fOllnd to be void and unenfor~able by a coun
of competent jurisdiction, the remaining provision! of this Agreement shall neverthel~ss be binding upon the
parties with the same effect a!l though the void or unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple ichmti"al countorparts, each of which 5111111 be
deemed an orialn81 for all purposes.
C. This ^ireement shall constitute the entire agreement between thC' parties wIth respect to tht
subject matter hereof, and it shall supersede all previous Elnd contemporaneous oral and written negotiations.
,commitments, a~-eements Bnd understanding relating hereto.
D. Any modification of this Agreement !hall be effective only if in writing and signed by the
panics to this Agreement. '
E. No waiver of BOy provision of this Agreement .shall be valid or enfon;eable unless such waiver
is in writing and signed b)l tht' party granling such waiver.
20. CONFLICTING PROVISIONS: The tenns and conditions in this Agreement supersede in)'
other confliCting provisions that are contained in an)' other document.
C0607-058 Add Fin. Inc. Agrreme\1t
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PAGE 08
F-884
Attacbment It.
Scope of Sel'\lieefJ
Contraclor shall:
1. Sell, fiunish, deliver, exhibit large aerial fireworks display for the City on
SatW'day, June 16,2007, ("DispJa.y Daten) for its tenth anniversary celebra.tion in
Ii manner funher provided on pages 2 and 3 to this exhibit.
2. In the event that the Display Date is postponed. then Contractor shall sell, furnish,
deliver, exhibit end display a larae aerial flJ'eworks display to be exhibited on
June 23,2007 ("Postpon:ment Date"),
3. Contractor !dulll provide sufficient Ll'l1ined personnel.
4_ Obtain a barge for display of fireworks in the coastw waters of the City of Sunny
Isles Beach adjacent to Samson Park.
Ci1y shall:
1. Furnish the necessary Police and tire protection for the display area.
2. Cooperate with Contractor (0 secure all Police, Local, and State Permits, however)
Contractor shell solely be l'esponsibtc for filing all necessary pennit applications.
3. Prior to, during and immediately followir:g the display, be solely responsible for
crowd contro) and directini all persons. except for Contractofs' employee!!, out of
[he designated danger areas and behind safelY zone lines.
Tbe Parties mutually .cree:
1. Contractor reserves the righl to make minor modifications and !1ubstitutions
provided that such changes are necessary and acceptable to the City l and do not
adversely atl'ect price, time of delivery, fW1ClioJlal character or display
pcrfonnance.
2. If the location of the firing site, spectator's location, parking areas or structures is
deemed unsuitable Ot unsafe in the discretion of Contractor or its agen19 or
personnel, Contractor may redirect the firing site to a more sUl[able site, but no
futther than 200 yards away from the shoreline of the beach B~a. adjacent to
S&U11son Park.
Additional Seh'it~
If tne need iDC additional work or chflnges under this Agreement is identified by
Cene-racter during the course of performing it! obligations hereumier, Contractor shall sel
fortb 5uch additional work and the cost thereof in a. sllpplcmentlll work order (a
"Supplemental Work Order") And submit such Supplemental Work Order for approval by
the City no later than June 11. 2007. No such additional work shall be done or paid for
without the specific prior wrilten approval ofthe City.
04/19/2007 14:12 3055920924 ADD FIRE INC MIAMI
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F*064
COlDpeasartoll
· Contract I11nounr: S40.000.00
· Fifty percent (50%) i9 due upon the execution of tile Agreem~nt and the balsnce
due al noon on last display date.
· Payments shall be made by Draft or Certified Check made payable to Add Fire.
Inc., unless otherwise authorized in writing by Contractor's contact person.
· It is agreed and wtderSlOod by the parties hereto that in the event fireworks have
been taken out and set up before inclement weather and with adequate weather
prevailing, such exhibition of fireworks will be carried OUt in the best pOSSible
manner without Imy deductions froIn the before named compens8.tions. Should
inclement weather pre\lcm firing of said display on the aforementioned Display
Dare. then it will be underslood that program is postponed and will be fired OD the
aforementioned Postponement Date,' and the chorgc to cover the coSt of
postponement is $1.750.00. If (here is no ahemale date and the proeram is not
fi~d on the il.for~mentioncd Display Date, then it will be understood th~ progJ'am
is cancelled and there will be tl charge to cover the cost of cancellation, which is
fifty 'Percent (SO%) plus penni19 and firewatch fees.
Display will include at minimum:
Tile firing of a minimum total of 707 toral shells including:
200 ~ 3" aerial shells
88 - 4" aerial shells
66 - 5" aerial sh.:lls
45 - 6" aerial shells
8 - 8" aerial shells
300 - 3" gra.nd finale shells
The shells will be fired at a rate of at least 30 per minute (one every 2 seconds).
Burst heighL will ran~e from 300' to 800'.
'.
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3055920924
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F-S84
City of SlInll)' Isles Belich
18070 Collins Avenue, SunJlY Islos Beach, Florida 33160
(30') 947-0606 phone (30.5) 949.3113 Fax
IN WITNESS WHEREOF, the portio. ho_ h~e l..,u1ed this Agreemem i. trlpli"".. "" lhe d.~
and year first wriu.,n abovo. I
l~~S~~: CONTRACTOR:
~7 y~ AJ)I>FIRE,lf.
~' !1 tJ1/;& By;~l&
'1~~ r ~ "It Ted Walker
ATTEST
CITY OF SUNNY ISLES BEACH
I
I
Norman! S. Edelcup, Mayor
I
I
APPROVED ' TO FORM AND
LEGAL SUF IEN
BY:
Jane Hines. CMC. City Clerk
BY:
C0607..(JS8 Add Fire. Inc, Agreement
Page 7