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HomeMy WebLinkAboutReso 2013-2057 RESOLUTION NO. 2013- 2051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH FIREPOWER DISPLAYS UNLIMITED, INC. TO PROVIDE A FIREWORKS DISPLAY AT THE DEDICATION CEREMONY OF THE SUNNY ISLES BEACH/NEWPORT FISHING PIER ON SATURDAY, JUNE 15, 2013, IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND DOLLARS (S12,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to have a fireworks display at the Dedication Ceremony of the Sunny Isles Beach/Newport Fishing Pier on Saturday, June 15, 2013; and WHEREAS, Firepower Displays Unlimited, Inc. has provided the City with a quote in an amount of Twelve Thousand Dollars ($12,000.00), for a fireworks display including the water related costs and permit fees; and WHEREAS, the City wishes to enter into an Agreement with Firepower Displays Unlimited, Inc. for a fireworks display at the Dedication Ceremony of the Sunny Isles Beach/Newport Fishing Pier on Saturday. June 15. 2013, in an amount not to exceed Twelve Thousand Dollars ($12,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves the Agreement with Firepower Displays Unlimited, Inc. for a fireworks display at the Dedication Ceremony of the Sunny Isles Beach/Newport Fishing Pier, on Saturday, June 15, 2013, in an amount not to exceed Twelve Thousand Dollars ($12,000.00). Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City ManaQer. The City Manager is hereby authorized to do all things necessary to effectuate this resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 16th day of May 2013. R2013-Firepower Displays Agmt Fireworks Pier Page I of 2 kw) Nor an S. Edelcup, Mayor t. r3; ATTEST•, • ®I/ •-• Jane A.\Hines,rCMC, City Clerk D. 4. n , -2 APPRO 1 AS " 0 FORM AND LE - i S F. _ •'CY 1111 H.'ill, i ot, City Attorney Moved by: (pMrVUCSlt,M4.QC'NOLL Seconded by:\(tC.2 Moly I_kot3 Vote: 6-13 Mayor Norman S. Edelcup ✓(Yes) (No) Vice Mayor Aelion _(AYes) (No) Commissioner Gatto (/(Yes) (No) Commissioner Levin Yes) (No) Commissioner Scholl (Yes) (No) R2013-Firepower Displays Agmt Fireworks Pier Page 2 of 2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND FIREPOWER DISPLAYS UNLIMITED INC. or CONTRACT NO. C1213-025 THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, this 2q may of May, 2013, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and FIREPOWER DISPLAYS UNLIMITED, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 19 5- 66.3 14 8 4- RECITALS • WHEREAS, the City is in need of Contractor to provide fireworks display to be exhibited at the City's Anniversary celebration("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide these Services as more fully described in Attachment "A", which is attached hereto and incorporated herein by reference; and WHEREAS, Contractor is qualified, willing and able to provide the desired Services subject to the terms and conditions contained herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Twelve Thousand Dollars ($12,000.00). - NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES: Contractor shall provide approximately ten (10) minutes of fireworks display for the City's Pier Dedication Ceremony taking place at Sunny Isles Beach/Newport Fishing Pier on June 15, 2013. Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner and to perform the Services designated in Exhibit "A" attached hereto, which is incorporated herein by reference. The Services described in - Exhibit"A" shall be performed by Contractor to the full satisfaction of the City. 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 Exhibit "A" and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, • improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred 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. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall terminate upon completion of Services. Any change in fee, terms or conditions shall be accomplished by written amendment to this Agreement and approval by the City. Rain date policy and postponement time is 11:30am on day of display. If inclement weather or wind exceeds 20 miles per hour, display will be postponed to June 16, 2013. The alternative rain date shall be June 22, 2013. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work from the date of this agreement and continue in a diligent manner until completion of the Services. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. 4. COMPENSATION: The Contractor agrees to provide the Services in a total amount not to exceed Twelve Thousand Dollars ($12,000.00), City will pay a deposit of Six Thousand Dollars ($6,000.00) which is 50% of the contract price upon signing of contract but no later than (30)days prior to display is due for the performance of the Services. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges and tasks reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. 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. In the event the City Commission fails to appropriate funds for the particular purpose of this Agreement during any year of the term hereof, then this Agreement shall be terminated upon ten (10) days written notice and the Consultant shall be compensated for the Services satisfactorily performed prior to the effective date of termination. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state ."final invoice" on the Contractor's finaUlast billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. ( e. Permits. Contractor shall be responsible for paying for, and obtaining, all permits from all regulatory agencies necessary to perform the Services. In the 2 C1213-025-FIREPOWER DISPLAYS UNLIMITED,INC. event Contractor fails to pay for and obtain all necessary permits, and the Services are canceled due to Contractor's failure to obtain the required permit(s), the Contractor shall be required to issue a full refund of any deposits paid by the City Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other 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 the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment,.lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall-be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. E' 6. UNDISCLOSED CONDITIONS: In the event 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. 7. 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, contractors or employees, as more particularly set forth below: ❑ 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 One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. ❑ Worker's Compensation, as required by law, but with no less than $1,000,000.00 for Employer's Liability. 3 CI213-025-FIREPOWER DISPLAYS UNLIMITED,INC. B ❑ 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 ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident for property damage. 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 A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates 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 Manager or his designee. 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. Contractor shall also require and ensure that each of its sub-Contractor(s) providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 8. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of - liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold 4 CI213-025-FIREPOWER DISPLAYS UNLIMITED.INC. payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. • 9. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 10. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. 11. 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 guaranteed overnight delivery by a nationally recognized courier 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: If to the City: Christopher J. Russo,City Manager Hans Ottinot, Esq., City Attorney City of Sunny Isles Beach City of Sunny Isles Beach 18070 Collins Ave. 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Sunny Isles Beach, Florida 33160 Ph: 305-792-1701 Ph: 305-792-1702 If to the Contractor: Gary Avins, President Firepower Displays Unlimited, Inc. 1 14240 SW 256th Street Princeton,FL 33032 5 CI213-025-FIREPOWER DISPLAYS UNLIMITED,INC. S I B Ph: (305)258-8820 Fax: (305) 258-9848 12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 13. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 14. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any mariner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's 6 S CI213-025-FIREPOWER DISPLAYS UNLIMITED, INC. • negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use_ resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 17. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachment hereto. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. [Remainder of page intentionally left blank] 7 ►•;1 .I " C 1213-025-FIREPOWER DISPLAYS UNLIMITED.INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS#1: FIREPOWER DISPLAY_ i LIMI $ED, INC. itrefik101%) Si• atur h BY: ins G. vins Pr,si• Print ame WITNESS#2: / ignature key, n wea [ate Print Name ' CITY OF SUNNY ISLES BEACH f�4iPlpT!s=- By.:• mac! ,. Jane ines, CM , Cry Clerk No an S.=Edelcup,.Mayor APP OVE a TO FORM AND LEGA . "C I NCY .s a B- egad f na s et mot, lay 8 i CI213-025—FIREPOWER DISPLAYS UNLIMITED, INC. FIREPOWER DIWLAY! UNLIMITED, INC. SPECTACULAR FIREWORKS DISPLAYS AND SPECIAL FX FOR ANY OCCASION STRICTLY ELECTRONICALLY FIRED DISPLAYS PROPOSAL FOR FIREWORKS DISPLAY Sponsors • City of Sunny Isles Beach Contact • Darrin Graumann Date of Display June 15, 2013 Location : Sunny Isles Pier Time • Approximately 9:00-9:30 PM Duration • Approximately 10 minutes Show Price • $12,000.00 Deposit $6,000.00 Remarks • Pier Dedication Ceremony We the undersigned, being interested in a fireworks display for City of Sunny Isles Beach , agree to pay a price of$12,000.00 for the display agreed upon, which will be furnished by Firepower Displays Unlimited, Inc. - The undersigned, intending to be legally bound, agree as follows: 1. Sponsor to make a deposit payment of 50%of the contact price upon signing of contract. but no later than 30 days prior to display. 2. In the event Sponsor shall fail to pay any sum when due under the terms of this contract, Sponsor shall pay, in addition to such amount, interest at the rate of 1-1/2% per month on the unpaid amount from the original due date. Sponsor does further agree that it shall pay Firepower Display's reasonable attorney fees and court costs in the event Firepower Displays shall commence suit or incur fees to compel Sponsor to pay any sums due hereunder or otherwise as a result of Sponsor's default of any of the terms and provisions herein contained. 3. SPONSOR'S AGENT: shall be designated as sponsor's agent to whom all questions and inquiries shall relay all questions and inquiries. Sponsor's agent shall be the only agent of sponsor authorized to request rescheduling of the delivery and exhibition of the fireworks on the part of the sponsor. 4. If event is on land, sponsor to furnish police and/or crowd security personnel, provide proper parking supervision, and insure adequate patrol of the safety zone as marked and secured by the sponsor until Firepower Displays Unlimited, Inc. advises that it is no longer necessary. Fireworks Displays Unlimited, LLC is not responsible for clean-up of land based shows other than company equipment, supplies and packing materials. A land based fireworks show produces debris. Sponsor shall be responsible for the clean- t up of any such debris. Attachment "A" 3 5. If event is over water, Firepower Displays Unlimited will be responsible for marine permit. - The Sponsor will be responsible for control of safety zone. 6. Firepower Displays Unlimited, Inc. reserves the right to stop the display in the event persons, vehicles or animals enter the secured safety zone and security is unable or unwilling to remove them and enforce the safety regulations. 7. Firepower Displays Unlimited, Inc will furnish all applicable licenses, permits and $1,000,000 liability insurance and pyrotechnicians for your electronically fired display. 8. NOTE: In accordance with local regulations and ordinances, fireworks displays shall not take place later than 10:30pm unless approval is obtained from the governing authority. The restrictions shall not be applicable with regards to holidays such as December 31, January 1, or other national holidays. If for some reason, shoot time does not occur before the allotted time and shoot is cancelled due to local authority or expiration of permit, Sponsor is liable.for full payment of display. 9. Hold harmless Firepower Displays Unlimited, Inc. from any claims that do not directly relate to damages produced by its staff, equipment or pyrotechnic material. 10. CREDITS: As a material inducement to Firepower Displays agreeing to enter into this agreement, Sponsor shall give Firepower Displays program credit as sole fireworks € supplier and producer in all press releases, advertising, and any other program announcements, printed or otherwise. 11. If show is canceled, sponsor is responsible for any permit, fire watch or barge/tug fees, if applicable. Additionally, sponsor will be responsible for load in/ load out expenses not to exceed 50% of budget. If show is stopped while in progress for any reason, Sponsor will still be responsible for contract amount minus the cost of material not discharged. 12. If wind exceeds 20 miles per hour, fireworks display will be postponed to an agreed date between sponsor and Firepower Displays Unlimited, Inc. 13. Rain date policy is a follows: Postponement time is 11:30am day of display. 14. If the delivery and/or exhibition of the fireworks are postponed by reason of inclement weather, it shall be re-scheduled to the Inclement Weather Date set forth by Sponsor. 15. IMPORTANT NOTE: Items listed in this proposal assume a firing area that conforms to NFPA Code 1123-1995, which states that there must be at least 70 feet per inch of shell diameter between firing site and any spectators, cars or buildings. This program requires a safety zone that has a radius of 560 feet because of the inclusion of 8-inch shells. Adjustments will be made to the content of this program if necessary to conform to NFPA 1123-1995. Firepower Displays Unlimited, Inc. upon acceptance of this contract in writing agrees to fulfill the contract in a workmanlike and professional manner. Accepted this day of I On behalf of City of Sunny Isles, , 4"On behalf of Firepower Displays Unlimited, Inc. „a , Gary Avins, President �Il■ 4 j / Sunny Isles Pier 06-15-2013 1 i B • i I ,r i J% OVER 200 SHOTS—Assorted Opening Barrage, Titanium Reports, Whistles, Assorted Color, Tourbillions. 30 -THREE INCH SHELLS -TITANIUM SALUTES —these shells explode into a burst of brilliant white lights and booming reports, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern. 12 - FOUR-INCH SHELLS - FANCY STAR SHELLS —Assorted brilliant colors in various patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING CHRYSANTHEMUMS & PEONIES —two, three or four distinct color changes that resemble a round and weeping flower pattern. 4 - FIVE-INCH SHELLS - FANCY STAR SHELLS—Assorted brilliant colors in various patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING CHRYSANTHEMUMS & PEONIES —two, three or four distinct color changes that resemble a round and weeping flower pattern. 6-SIX-INCH SHELLS - FANCY STAR SHELLS -Assorted brilliant colors in various patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING CHRYSANTHEMUMS & PEONIES —two, three or four distinct color changes that resemble a round and weeping flower pattern. • Sunny Isles Pier 06-15.2013 Page 3 of 7 r B • 90 -THREE INCH SHELLS -ASSORTED.COLOR, PEONIES & CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern, ASSORTED COLOR & CRACKLING EFFECTS—assorted color peonies and is chrysanthemums with crackling effects, FANCY STAR SHELLS —Assorted brilliant colors in various patterns, SPIDERWEBS — long hanging fine webs of gold, silver or assorted colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES —a palm tree image with different forms with trunk-like rising effect, ASSORTED TWO COLOR CHANGING CHRYSANTHEMUMS & PEONIES —two distinct color changes that resemble a round and weeping flower pattern, ASSORTED COLOR BROCADES — a dense golden, silver or assorted color effect ending at the tips with an umbrella-like canopy cascading and falling low, ASSORTED COMETS, bright luminous thick tail with comet-like appearance with various colors, ASSORTED TIGERTAILS, similar to comets, ASSORTED MINES, projects various types of effect and colored stars that are launched and ignited at a low altitude. 108 - FOUR INCH SHELLS -ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern, WHISTLES—a break of color, followed by whistles, SCREAMING DRAGONS —a break of bright magnesium colors followed by loud screaming whistle,GOLD FLITTER, 'SILVER OR GLITTER CROSSETTES - exploding comets crackling into criss-crossing effects, FANCY STAR SHELLS —Assorted brilliant colors in various patterns, SPIDERWEBS — long hanging fine webs of gold or silver, TOURBILLIONS —titanium silver spinning effects, WILLOWS —golden, silver or assorted colors of very fine lines with an umbrella like effect cascading slowly, RINGSHELLS — assorted ring patterns of different colors of one, two, three or five different colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES —a palm tree image with trunk-like different forms, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS & PEONIES —two or three distinct color changes that resemble a round and weeping flower pattern, STROBES —a variety of bright twinkling shells, ASSORTED COLOR BROCADES — a dense golden, silver or assorted color effect ending at the tips with an umbrella-like canopy cascading and falling low, MULTI- ', BREAK SALUTE SHELLS —a variety of salute effects that incorporate multiple powerful reports into the display, ASSORTED COMETS, bright luminous thick tail with comet-like appearance with various colors, ASSORTED TIGERTAILS, similar to comets, ASSORTED MINES, projects various types of effect and colored stars that are launched and ignited at a low altitude. 56 - FIVE INCH SHELLS - FANCY STAR SHELLS—Assorted brilliant colors in various patterns, SPIDERWEBS — long hanging fine webs of gold or silver, TOURBILLIONS — titanium silver spinning effects, GOLD FLITTER, SILVER OR GLITTER CROSSETTES —exploding comets crackling into criss-crossing effects, WILLOWS -golden, silver or Sunny Isles Pier 06-15-2013 Page 4 of 7 I assorted colors of very fine lines with an umbrella like effect cascading, RINGSHELLS — assorted ring patterns of different colors of one, two, three or five different colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES —a palm tree image with different forms with trunk-like rising effect, GOLD OR SILVER RAIN — slow cascading gold or silver effect, ASSORTED TWO, THREE & FOUR COLOR CHANGING CHRYSANTHEMUMS & PEONIES—two, three or four distinct color changes that resemble a round and weeping flower pattern, STROBES —a variety of bright twinkling shells, ASSORTED COLOR BROCADES — a dense golden, silver or assorted color effect ending with an umbrella-like canopy cascading and falling low, MULTI-BREAK SALUTE SHELLS — a variety of salute effects that incorporate multiple powerful reports into the display, STAR FISH -group of large glittering tail comet stars, CRISS-CROSS OR BEES, assorted color bees or criss-cross. 33 -SIX INCH SHELLS - FANCY STAR SHELLS —Assorted brilliant colors in various patterns, SPIDERWEBS — long hanging fine webs of gold or silver, TOURBILLIONS — titanium silver spinning effects, GOLD FLITTER, SILVER OR GLITTER CROSSETTES —exploding comets crackling into criss-crossing effects, WILLOWS - golden, silver or assorted colors of very fine lines with an umbrella like effect cascading slowly, RINGSHELLS—assorted ring patterns of different colors of one, two, three or five different colors, GOLDEN, SILVER, GLITTERING PT CRACKLING PALM TREES —a palm tree image of different forms with trunk-like rising effect, GOLD OR SILVER RAIN —slow cascading gold or silver effect, ASSORTED TWO, THREE & FOUR COLOR CHANGING CHRYSANTHEMUMS & PEONIES —two, three or four distinct color changes that resemble a round and weeping flower pattern, STROBES —a variety of bright twinkling shells, ASSORTED COLOR BROCADES — a dense golden effect with an umbrella-like canopy cascading and falling low, ASSORTED COLOR PARACHUTE —assorted cascading effect from parachute, SHELL OF SHELLS OR THOUSAND FLOWER— multi-color star shell with additional smaller shells dispersed outside resembling blooming flowers, MULTI-BREAK SALUTE SHELLS — a variety of salute effects that incorporate multiple powerful titanium reports into the display, ASSORTED COLOR & CRACKLING EFFECTS — assorted color peonies and chrysanthemums with crackling effects, WILLOWS - very fine lines with an umbrella like effect cascading slowly, FANCY PATTERNS —five pointed star shapes, hearts, smiling face, etc..., STAR FISH —group of large glittering tail comet stars. Sunny Isles Pier 06.15-2013 Page 5 of 7 I rr* ":1 D 91'.1 120—TWO AND A HALF INCH SHELLS - TITANIUM SALUTES —these shells explode into a burst of brilliant white lights and booming reports, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS— bursts resembling a round and weeping flower pattern, FANCY STAR SHELLS —Assorted brilliant colors in various patterns, SPIDERWEBS— long hanging fine webs of gold or silver, ASSORTED COLOR & CRACKLING EFFECTS—assorted color peonies and chrysanthemums with crackling effects, WILLOWS -very fine lines with an umbrella like effect cascading slowly, ASSORTED COLOR BROCADES —a dense golden, silver or assorted color effect ending at the tips with an umbrella-like canopy cascading and falling low, WILLOWS - i very fine lines with an umbrella like effect cascading slowly, 240 -THREE INCH SHELLS - TITANIUM SALUTES—these shells explode into a burst of brilliant white lights and booming reports, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern, FANCY STAR SHELLS—Assorted brilliant colors in various patterns, SPIDERWEBS — long hanging fine webs of gold or silver, ASSORTED COLOR & CRACKLING EFFECTS — assorted color peonies and chrysanthemums with crackling effects, WILLOWS - very fine lines with an umbrella like effect cascading slowly, ASSORTED COLOR BROCADES —a dense golden, silver or assorted color effect ending at the tips with an umbrella-like canopy cascading and falling low, WILLOWS -very fine lines with an umbrella like effect cascading slowly, 54 - FOUR-INCH SHELLS -ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS — bursts resembling a round and weeping flower pattern, WHISTLES — a break of color followed by whistles. '12 - FIVE-INCH SHELLS - FANCY STAR SHELLS —Assorted brilliant colors in various patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING CHRYSANTHEMUMS & PEONIES —two, three or four distinct color changes that resemble a round and weeping flower pattern. 9 - SIX-INCH SHELLS - FANCY STAR SHELLS -Assorted brilliant colors in various patterns, ASSORTED TWO, THREE & FOUR COLOR CHANGING CHRYSANTHEMUMS & PEONIES —two, three or four distinct color changes that resemble a round and weeping flower pattern. 3p Sunny Isles Pier 06-15-2013 Page 6 of 7 ' • TO 77-4% * .:74'= "/ OPENING BODY FINALE TOTAL SHELLS 2.5" SHELLS 0 0 ? 3" SHELLS 30 90 240 360 4" SHELLS 12 108 54 174 • 5" SHELLS 4 56 12 72 6" SHELLS 6 33 9 48 { BODY FRONTS - Over 150 shots OPENING BARRAGE - Over 200 shots • FINALE BARRAGE - Over 400 shots Sunny Isles Pier 06-15-2013 Page 7 of 7 SI OP ID:MR ACC °' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/15/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 305-477-0444 CONTACT Combined Underwriters of Miami FAX 8240 N.W.52 Terr,Suite 408 305-599-2343 (A/C,,No.Eat): (A/C,No): Miami,FL 33166 E-MAIL SUSAN SANCHEZ-ARMENGOL ADDRESS: PRODUCER FIREP-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED FIREPOWER DISPLAYS UNLIMITED INSURERA: INC INSURER B:JAMES RIVER INSURANCE CO. FIREWORKS DISPLAYS UNLIMITED LLC INSURER C: P.O. BOX 4085 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL ISUBR POLICY EFF POLICY EXP JNSR IWVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABIUTY EACH OCCURRENCE S 1,000,000 B X COMMERCIAL GENERAL LIABILITY 000365034 02/28/13 02/28/14 DAMAGE TORENTED PREMISES{Ea occurrence) 5 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 • GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 5 1,000,000 -I POLICY n Ti LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 ANY AUTO CA00000320914 02/28/13 02/28/14 (Ea accident) BODILY INJURY(Per person) S ALLOWNEDAUTOS CA00000320914 02/28/13 02/28/14 BODILY INJURY(Per accident) S • SCHEDULED AUTOS PROPERTY DAMAGE B X HIRED AUTOS 00036503-4 02/28/13 02/28/14 (Per accident) B X NON-OWNED AUTOS 00036503-4 02/28/13 02/28/14 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE - S DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABIUTY Y/N TORY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) DISPLAY DATE: 6/15/2013 RAIN DATE: NEXT AVAILABLE DISPLAY SITE:SUNNY ISLES PIER ADDITIONAL INSURED:CITY OF SUNNY ISLES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SUNNY ISLES BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 18115 NORTH BAY ROAD SUNNY ISLES BEACH,FL 33160 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD • Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY Y) 5/15/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COMBINED UNDERWRITERS COONTACT 8240 NW 52ND TERRACE#408 PO BOX 528020 (A/C No.Ext):(305)477-0444 (A/C,No): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC p MIAMI FL 331528020 INSURER A: FWCJUA INSURED FIREPOWER DISPLAYS UNLIMITED INC INSURER B: 14240 SW 256TH STREET INSURER C: INSURER D: PRINCETON FL 33032 INSURER E: FEIN:650531484 INSURER F: COVERAGES CERTIFICATE NUMBER:130515001 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR . IADDLISUBR POUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) UMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE 10 RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ _ PERSONAL&ADV INJURY _ $ GENERAL AGGREGATE S _ GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG S n Q —1 POLICY JE n LOC S AUTOMOBILE LIABIUTI' COMBINED SINGLE LIMIT (Ea accident) 5 _ ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ) — NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS $ (Per UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _ S EXCESS UAB CLAIMS-MADE AGGREGATE S DED RETENTIONS 5 WORKERS ›ENSATION X TORY LIMITS ITS OER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 0698N565 A OFFICE/MEMBER EXCLUDED? Y N/A n 6/30/2012 6/30/2013 E.L.EACH ACCIDENT $500,000.00 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000.00 If yes,describe under DESCRIPTION OF OPFRATIONS below E.L.DISEASE-POLICY LIMIT S 500,000.00 L DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF SUNNY ISLES BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 18115 NORTH BAY ROAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. SUNNY ISLES BEACH FL 33160 AUTHORIZED REPRESENTATIVEE P • honeNumber 305-477-0444 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD FSVNNY /,{FEf City of Sunny Isles Beach O eF ti - p 0 18070 Collins Avenue•l = Sunny Isles Beach, Florida 33160 4'e' P .7)• FLO P.� y`' (305)947-0606 City Hall el?• of s�. /'HO (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Susan Simpson, Cultural and Community Services Director DATE: 5/16/2013 RE: Resolution to Approve an Agreement with Firepower Displays Unlimited, Inc. for a Fireworks Display for the Pier Dedication Event RECOMMENDATION: It is recommended that the City Commission approve the attached resolution to enter into an agreement with Firepower Displays Unlimited, Inc. to produce a ten minute fireworks display for the Pier Dedication event on Saturday, June 15, 2012 in an amount not to exceed Twelve Thousand Dollars ($12,000.00). REASONS: In celebration of the dedication and grand reopening of the city owned Newport Fishing Pier, the City is planning an event that will culminate in a large, ten minute fireworks display. Firepower Displays Unlimited has proven quality in fireworks displays and proposed a fair price for the production inclusive of all permitting and fees. ADDITIONAL INFORMATION: The event will be hosted at the site of the Newport Fishing Pier located at Pier Park at 16501 Collins Avenue on Saturday, June 15, 2012 between 9:00 p.m. and 9:30 p.m. The reschedule date will be for the following Saturday, June 22, 2012 between 9:00 and 9:30 p.m. If neither of these dates are conducive, the City will have 6 months to set off the fireworks at a location and date of the City's choice. Agenda Item No.IOD Date 5/16/2013 73 FUNDING SOURCE: Funding is available for this item in the General Fund Account Number 10.572.5574, Special Events. ATTACHMENTS: • Resolution • Agreement Aeenda Item No.IOD Date 5/16/2013 74