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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-071Temp. Reso. #11624 - Page 1 May 7, 2009 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #09- 08B, ENTITLED "AERIAL FIREWORKS DISPLAY", AND EXECUTE AN AGREEMENT WITH PYRO ENGINEERING, INC., D/B/A BAY FIREWORKS, FOR AN AMOUNT NOT TO EXCEED $18,000 FOR THE 2009 FOURTH OF JULY FIREWORKS; APPROVING FUNDING IN THE AMOUNT OF $18,000 FROM THE APPROPRIATE PARKS AND RECREATION ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac traditionally provides its residents and visitors with a fireworks display as part of the annual Fourth of July celebration; and WHEREAS, in the interest of safety, the fireworks display is an electronically fired show presented by a professional pyrotechnic company; and WHEREAS, the City of Tamarac publicly advertised Bid #09-08B entitled "Aerial Fireworks Display", on 3/22/09, and 3/29/09, and was opened on 4/9/09; and WHEREAS, Bid #09-08B, is incorporated by reference and on file in the Office of the City Clerk; and 1 Temp. Reso. #11624 - Page 2 May 7, 2009 WHEREAS, the City examined responses from Melrose South Pyrotechnics, Inc., and Pyro Engineering, Inc., d/b/a Bay Fireworks as follows: Melrose South Pyrotechnics - $18,000 Pyro Engineering, Inc., d/b/a Bay Fireworks - $18,000; and WHEREAS, Melrose South Pyrotechnics included 2" and 2 '/2" shells in several areas of the show where the City of Tamarac required a minimum of 3" shells to be bid, making the Melrose South Pyrotechnics, Inc., bid non -responsive; �. WHEREAS, Pyro Engineering, Inc., d/b/a Bay Fireworks, was deemed the most responsive and responsible bidder, a copy of said bid is attached hereto as "Exhibit 1 "; and WHEREAS, the City of Tamarac has drafted an Agreement with Pyro Engineering, Inc., d/b/a Bay Fireworks, for their services at the bid price of $18,000, said Agreement attached hereto as "Exhibit 2"; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and Purchasing and Contracts Manager to award Bid #09-08B entitled "Aerial Fireworks Display" to Pyro Engineering, Inc., d/b/a Bay Fireworks, and to execute an Agreement, attached hereto as Exhibit "2", for an amount not to exceed $18,000.00, for the 2009 Fourth of July fireworks, with the option to renew said agreement for five (5) additional years in one year increments; and 1 Temp. Reso. #11624 - Page 3 May 7, 2009 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the award of Bid #09-08B entitled "Aerial Fireworks Display" to Pyro Engineering, Inc., d/b/a Bay Fireworks, and to execute an Agreement, attached hereto as Exhibit "2", for an amount not to exceed $18,000.00, for the 2009 Fourth of July fireworks, with the option to renew said agreement for five (5) additional years in one year increments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are hereby incorporated herein by this reference. SECTION 2: That Bid #09-08B entitled "Aerial Fireworks Display" is he awarded to Pyro Engineering, Inc., d/b/a Bay Fireworks, for an amount not to exceed $18,000.00 for the 2009 Fourth of July fireworks show. SECTION 3: That the appropriate City officials are hereby authorized to execute an Agreement with Pyro Engineering, Inc., d/b/a Bay Fireworks, relating to Bid #09-08B and the Fireworks for the City of Tamarac's 2009 Fourth of July celebration with the option to renew said agreement for five (5) additional years in one year increments. SECTION 4: That funding will be available in the appropriate Parks and Recreation account. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #11624 - Page 4 May 7, 2009 SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this,1-7day of /4? 1 � , 2009. BETH FLANSBA M-TAL ISCO MAYOR ATTEST: MARION SWENSON, CMC CI_TYELERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. r �AfMUEL S. GOREN �L CITY ATTORNEY U RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO C: DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER'' DIST 4: COMM. DRESSLER 1 11 1 Temp. Reso. t111624 Exhlbit 1 CONCEPT DESIGN PRODUCTION Corpor t Neadquer"M 400 lmtftkw Rd., & 6N 3 Famtin8dde, N111736 Tel:631.390.8820 For. 631.388.8821 WehdW wlew.heyfaewsrMs cW Weald IOna Prodaeaene Intemat[atsl Symposium on Fiw mdm et Walt Oimey World AmodWs 4001h kmWernj Cuba - Bede. Cowls, Cle fte Anhawar lum h TM= Parks NASA 6oth AmWmary Universal Oriodo Resrt Hard hock Those Prk m4wloofft[Taft Major tee8ae emball U.S. Olyntpk Committee Stote Own Of America National FedWI league Minor les8us 8etuthall Apri3 3, 2009 Mr. Keith Glatx City of Tamarac Purchasing and Contracts Division 7525 NW Be Ave. Tamarac, FL 33321 Dear W. Glatz: Enclosed is our proposal for your consideration. In reference to the items contained on pg. 10 of your bid specification, please note the following; 1.2 See attached list of local clients 1.3 Pyro Engineering, Inc. utilizes only qualified Pyrotechnieians. Bay Fireworks has long been recognized as an outstanding industry leader, and our fireworks programs known for their unique design and presentation. Each team of highly trained Technicians place special emphasis on ensuring that the concept, design and production woven into the fabric of the enclosed program are carried out to your exact specifications. We are a fill ' service fireworks production company, producing many of the largest World Class fireworks performances in America. Our state-of-the-art gyro -musical programs are choreographed to music and other media utilizing the Fire One computerized firing system, for split-second accuracy in every display. Our Wald Class programs feature broadcast ready music soundtracks for simulcast that are mixed and produced in our own digital in-house studio to your exact criteria. There is no substitute for quality. Therefore, through stringent research and development performed in our design studios, along with our nmuillcwren' technologically advanced fireworks assembly, the enclosed program displays the very assence of what turns each event into a magical performance and one that will be remembered by your viewers far years to come. Our specially designed effects have been featured at such prestigious events and venues such as The International Fireworks Symposium at Walt Disney World, Anheuser-Busch Theme Parks, Universal Orlando Resort, Kennedy Space Center, "America's 4000 AnnlysrsarV' at Jemestown VA, Professional Baseball & Football, as well as, many nationally renowned events. We are pleased to provide these unique fireworks shell effects in your program listing. u again for the opportunity, and your interest In Bay Fireworks. I look forward to speaking with about the fireworks program for the City of Tamarac. New Veda En CdeMtlau Tkell-idt IkPdmdffC°" ah Charlie Rapp 8t dbl%81M Cent rb Bay Fireworks Thed" Em b Theme Park Defi p - Conadtetion 4WA wenwWrer u end t mft Auododoa Enna area' Anadkaon YtoronNad AuodolMo of Awno" Yams and MtractMrt aer.r,rA:�a rr.r►wws. of FAN Ed exdoolom ApNd 111 City of Tema= Purdwsing & Contracts DMsion COMPANY NAME: (Please Print): ��"'4 /41i� � Phone. ,?% 3Xi Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. 02. Properly fill out the Bid Form. 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. [� 4. Sign the Certification page. Failure to do so will result In your Bid being deemed non -responsive. [7� 5. Fill out the Bidder's Qualification Statement. [� 5. Fill out the References page. [� 7. Sign the Vendor Drug Free Workplace Form. [� 8. Include proof of Insurance. [� 9. Include a complete description of proposed display, and provide a detailed listing of all shell types offered with bid. 710. Fill out and sign the Certified Resolution, [f m Carefully read the AGREEMENT documents attached. 62. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will DA be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 15 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TM AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledcement BID NO.: 09-0SB BID TITLE: AERIAL FIREWORKS DISPLAY (FOR JULY 4m CELEBRATION) BID OPENING DATEITIME: April 9, 2009, 2:00 P.M. BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 95"97-3567 BUYER EMAIL: kelthg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: NONE BONDING: Not required for this bid. GENERAL CONDITIONS _ These instructions are standard for all bids facer comnwddieWserviims Issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard Instructions for a particular bid by indicating such change in the lnstrucdons to Bidders, In the special conditions of the bid, or in the spedfications/stoWnent of work. any and all special conditions that may vary from these general conditions shall prevell over these General Conditions and any conflicting provision within any vendor's standard terns and conditions regardless of any language in vendor's documentation to the contrary. SEALED BIDS This form should be executed and submitted with all Bid Forms to a seated envelope. The face of the envelope shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form may be deemed non -responsive. All Bids are subJect to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. BIDDER COMPANY NAME: COMPANY ADDRESS: AIR ��, COMPANY PHONE: C'31`3 Y® Q NAME OF AUTHORIZED AGENT: —e40 TITLE OF AUTHORIZED AGENT: u^r AUTHORIZED AGENT EMAIL ADDRESS:_ BIDDER TAXPAYER ID OR SOCIAL SECURITY ER: r IT SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and Is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. GTC-f Uo� City of Tamarac Pumhasin & Contracts DNlsion BID FORM AERIAL FIREWORKS DISPLAY BID NO.09-OBB Submitted by: kl"(Date) (Bid or)"/ft�A�rell4te M± & 40 THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with athe nd with ni thto e Contract Period erform and ndica ed n this all Work as bid. ined herein for the Contract Price 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days prior to the date of the ClVs Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b} Bidder has the conflicts, discrepancies n it has dieverein the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the ingest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly Induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for Itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown In the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 16 Bid Form City of Tamarac Purchosing and Contracts Divisia) BID FORM AERIAL FIREWORKS DISPLAY BID NO.09-08B (continued) We propose to furnish the following in conformity with the specifications. The bid prices quoted are certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified In the contract documents. To assure continuity of supply, it is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to award the bid on a split order basis, lump sum (preferred) or individual item basis unless otherwise stated. The City of Tamarac is hereby requesting Bids, from qualified vendors, to secure an experienced and qualified contractor to provide an electronically fired fireworks display during the City of Tamarec's annual 4th of July Celebration. We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted. have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. . The total Bid price for the aerial fireworks display scheduled for Saturday; July 4, 2009 at 9:00 PM at they Tamarac Sports Complex located at 9901 N.W. 77th $ ZZ Street, Tamarac, Florida. Including the total show, materials, personnel, and The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declares to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included In this bid request, and hereby promise and agree that, if this bid is accepted, they will faithfully fulfiii the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fall to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. f 7 -- Bid rVM City of Tamarac Porchasing and Contracts Divisian BID FORM AERIAL FIREWORKS DISPLAY BID NO.09-09B (continued) Bidders Name; ey& 6-e �or,�Ak, � NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. TERMS: ° DAYS: Delivery/completion: __ . calendar days after receipt of Purchase Order NOTE: To be considered eligible for award, one (1) ORIGI AND TWO (2) COPIES OF THIS BID FORM must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 8 Bid Fo►m City of Tamarac Purchasing and Contracts DIWsion BID FORM AERIAL FIREWORKS DISPLAY BID NO. 08-08B (continued) Bidder's Name: � � �ir��/• �� D'�� - ���' Variations: The Bidder shelf identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications In the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non- responsive and ineligible for award. Section. VVariance Section Variance Section Variance Section Variance Attach additional sheets if necessary. Clt of Tamarac Purchasing and Contracts Qlvlslnn BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter:. Name of Company 1pyiw (Aim - Address q'OD "6 D tbww 40 Six 3 City state zip MMI lu 1 t 7 3� Telephone (v3 3 tU $6Z6 Fax Number ��� • U $`fit 1. How ma y years has your organization been in business under its present name? Years 2, If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? 1 List former address(es) of tha business (if any). I i f7 a glnsf um 10 F4 i of-yr, aw k 4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No x if Yes, explain: 7. Are you a Sales Representative ® Distributor ❑ Broker ❑ or Manufacturer [� of the commodities/services bid upon? OW ♦ t� • S. Have you ever received a contract or a urchase order from the City of amarac or other governmental entity? Yes ❑ Noz If yes, explain (date, service/project, bid title etc.) g. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No @9 if yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ® If yes, explain: 20 - Siddets Quallrcation Statement City of Tamarac Pumhasi 8 Contrails DfWsion 4 REFERENCES Please list government agencies and/or private firms with whom you have done - business during the last five years: Your Company Name !���� Address Ace City state Zip S. Phone/Fax C. E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 21 References city of Tamarac Purch!!N 6 Contracts Alvlslon CERTIFIED RESOLUTION 1, 1>(tQ (Name), the duly elected Secretary of • orporate Title), a corporation organized and existing under the laws of the State of do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Din3ctors of the said corporation at a meeting held In accordance with law and the by-laws of the said corporation. "IT 18 HEREBY RESOLVED THAT 329AW14 (Name)", the duly (fitie of Officer) of elected be and is hereby authorized to execute (Corporath Title) and submit a Bid and/or Bid Bond, ti such bond is required, to the City of Tamarac and such other Instruments In writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by himther shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be Indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, tie signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE MAQ fr) _ S - - Given under my hand and the Seal of the said corporation this day of , 20 (SEAL) By; r r CEO Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 22 C~ RosoluNon City of Tamarac Purchasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(syservioe(s) described in the Invitation to Bid. We (I) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda Issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION OTHER ❑ i "O her", Explain: p r Authorised Signature Company Name � NWT Sty Typed/Printed Name 63t • � .��Zo Telephone b 2A. 3jo . $(,p zf Fax si 4Y midA (a, con 460 Address F*OUK t b" 1173r City, State, ZIP ?S"'- ;04+4$' Federal Tax ID Number N. k-- ressress f�bove signer (if any) Contractor's License Number 23 cNocatbn purchasin $ Contracts Division City of Tamarac VENDOR DRUG*REE WORKPLACE Preference may be given to vendors submitting a certification with their bidlproposel certifying they have rement affects all public entiin ties of the State with and bec omeson 7, Florida effective Statutes. This requ January 1, 1991. The special condition is as follows: IDCbITIGAL TIE ill - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that It has implemented a drug -free workplace program shall be given preference in the award process. ro a dcrs have adrug-free workplace program. tieshed procedures for processing bids airdeWto ill be followed if none of the have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free pgrams,pand the pens ties that available ug may a be imposed uponlitation, and employe s employee assists programs, for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified In subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of gusty or t tes or ny state, violation violation occcurrriing in the or of workplacontroce no lateed nt at nce law of the five (5) days after each conviction. impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program If such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this rm complies fully with the above requirements. '� del► w.� A orized Signature Company Name IPIWAOk 24 Drug Free WorVIM City of Tamarac Purchasing & Conhtcts omsion NON -COLLUSIVE AFFIDAVIT State of )as. County of being first duly sworn, depose and says that: He he is the �(.iS� Owner, Partner, Officer, presentative or Agent) of ,the Offeror that has submitted the attached Proposal; He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, Including this affiant, have in anyway colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy,. connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties In interest, including this affiant. Signed sealee live in the presence of: ay Witness V0 0Zas j Prin ame - Title 25 Non -Collusive Affidavit -aof Tamarao PurchaSing 6 Conhads DIVWon ACKNQWLEDGME NON -COLLUSIVE AFFIDAVIT State of Fwtla tow Y*" County of On this the M day of �.1 20 ,, before me, the undersigned Notary Public of the State of Florida, pe ona ly appeared and whose name(s) is/are Subscribed to within the instrument, and he/shefthey acknowledge that he/she/they executed it. WITNESS my hand , and official seal. NOMY PUBLIC,STATE OF FbMBA- NOTARY PUBLIC r- SEAL OF OFFICE: JAO (Name of Notary Public: Print, Stamp, or Type as Commissioned) III Personally known to me, or L7 Produced Identification: (Type of Identification Produced) CI DID take an oath, or IZ DID NOT take an oath 26 Non-0001Wva Affidavit Purchasing 8 Contrects t)ivi" CHy o/ Tamarac SWORN STATEMENT PURSUANTPUBLIC ENTITY RIMEg3)(a), ELQR1pA_1JATU= ON THIS FORM MUST BE SIGNED IN OHA PRESENCE STER OATHNOTARY PUBLIC OR OTHER OFFICER AUTHORIZED �Q$ g 1. This sworn statement is submitted w IdJPFOP.0881 or Contract NO. to the City of Tamarac for t' ►Nt� 2. This sworn statement is submitted by (N me of entity submitting swum statement) Federal Employer Identification Number (FEIN) (If the entity has no FEIN, Include the Social Security Number of the individual signing this sworn statement: 3_ My name is (Print name of individual signing) My relationship to the entity named above Is + 4. 1 understand that a "public entity crime" as defined lIn b r � �o gWlth 3(%g). Q ft means a violation of any state or fed by entity or with an agency or respect to and directly related to the transaction of business with any public political subdivision of any other state or with the United States, Including,or nyucor�trald foerdthe any bid or contract for goods or services, any lease for real property, construction or repair of a public building or public work, Involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" or alconviction of defined ubl c er�ity crimein Paragraph ? wfth(nr(withou�t an means a finding 8 Ito federal trial relating charges brought of gnfryt by indictment or information after Jly1199as a result a)fury verrialar entity of a pies of guilt or nolo contenders. 6. 1 understand that an "affiliate" as defined In Paragraph 287.133(1)(8), means: a. A predecessor or successor of a person convicted of a public entity crime: or n the b. An entity under the control wh has been clonvicted of a public entityerson who is active lcrime management of the entity a The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active In the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person c metiniFtortdaanother duringfhe preceding person who has been convicted of a public entity 36 months shall be considered an affiliate. 27 Florida Statutes City of Tamarac Pumbasing 6 Contracts Dh4afon 7. 1 understand that "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, Is true In relation to the entity submitting this sworn statement. (Please Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convlcted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH {ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM iS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT 18 FILED. 1 ALSO UNDERSTAND THAT i AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, STATUTES FOR CATEGORY TWO OF ANY CHANGE I �O MAX)ON ONT NED IN THIS FORM. / (Date) 28 FbIde Statutes Pumhosing and Co► "M O/v B&I cr of remarac State offl� County of On this the day of , 200q, before me, the undersigned Notary public of the State of Florida, p ona ly appeared and (Name($) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/shelthey acknowledge that he/she/they executed It. WITNESS my hand and offfclai seal. N ARY PUBLIC, STATE OF F1=ARMU NOTARY PUBLIC . r SEAL OF OFFICE: (Name of Notary Public: Print, Na1og1 TMo10 vodc Stamp, or Type as Commissioned) Personally known to me, or © Produced identification: (Type of Identification Produced) 0 DID take an oath, or DID NOT take an oath 29 CERTIFICATE OF UABIUT Y INSURANCE IMUMMAffOMM emit Wn fOmomm 14MM A oil IN" Vroo" GM40M Sn4� IA6- A RAW RWDAM ="ft PpidO TN! l�pLL�OwIND jo mom= PRDVM#APm" OPM4VMAM-W&Y Aw"W-0, In I " 7 #"F JF 0 1 ITIA"HilkilliliW a J" w V, 1 14 I . *k2or' I # # # # Al # IYFIREWCORKS « ,r�; �. pNIVERWLL PRESENTS # oRLaxno RESORT, M cnYOFAMAMAAP ✓ S eF CAL / way sec aci�r � m" # coNTUnoN # h 1ULY 412009 # # # Featuring cnnxm 8 # The Most Creative Pyrotechnical Staff in the Business. VU=rBcmMos # # A Huge Variety of World Class Quality Aerial Pyrotechnics. SALUM # ANIO WA Comprehensive Insurance Coverage on an Occurrence Form # # # # Basis, with a World -Known, Top Rated Carrier. fx # # Our Professional Media and Public Relations Department to As- # sist you in Event Promotion. # # A Logistical Team and Office Staff who are Totally Dedicated to # the Success of Your Fireworks Program. # # Our State -of -the -Art, Multi Media Production Services, featuring program media on the latest digital format. # Spectacular computer designed, digitally fired fireworks perform- 1CWToax # anoes, featuring the Fire Onee computer system. >�s �Gr # INTREPID � WORLD SERiRB � SEAAItSSpACEfAISfIM AdnetweiArMenlar CRWOF • M ' r UM AA r I\AYFIREWODUC fireworlm Sp�ftc' I program Value: 18 000 JUI 4 2009 SPECIAL EFFECT BARRAGE UNITS. Formation Quantity 100 Shot White Glittering with Blue Pistil 0 100 Shot "Z" Shape Color Failing Leaves with Blue Pistil ` 372 Shot "W" Sha a Gold Willow Comet w Blue Pistil 0 w r 210 Shot "V" Shape Rapid Fire Blue Stars 0 �y 200 Shot "Z" Shape Rapid Fire Zi Za Red Stars o� tr 210 Shot "Z" Shape Ra id Fire ZV_99 Blue Stars 0 100 Shot Golden Crackling Crossettes 0 OPENING SEGMENT Quantity BODY OF PROGRAM Quantity T� Three -Inch Shells 175 Three -Inch Shells 275 Four -Inch Shells 1 25 Four -Inch Shells 250 " K Five -Inch Shells 15 Five -inch Shells 225 ti GRAND FINALE Quantity Three-inch Shells 650 Four -Inch Shells 75 =i Five -inch Shells 35. fY id 'LY' KENNEDY SPACE CENTER CELEBRATES NASA's 50TH ANNIVERSARY: ��i$��'�.���'��7�'i'.��Yt�ar�'s%�`5�ft'�u`��]ri'�'tr tr Recent Clients Mr. Craig Corwin Manager of Events ,i� Kenne4, Space Center x Cocoa Beach, FL Mr. Eric Hinds Director, Entertainment Design & Production, iX Universal Orlando Resort Universal Orlando, FL No. Robbi Lepre Director of Entertainment, Basch Gardens Buseb Gardens, Tampa, FL Mr. Robert Gallagher Manager lWaff island Club Jupiter, FL r Mr. Karl Langefdd '0r Director of Parks & Recreation t5'Temple Terrace, FL I 321-449-4930 407-224-4083 L 813-987-5302 7724546-2617 is r 7 T tx 813-506402 Aerial fix u 210* to1+20r in �Slf� e� �RNRM Three Inch and larger Shell sizes are available ac ooWing to site dimensions � �r uCHRYSANTHEMUM SHELLS - 9dillent colors In a perfectly round burst. Most shells fee- ture rising effects such as rising comet tails or rising whistles. inventory includes: �r •�r iRr . Guttering Silver series • Gllrtering Wave series '& • Crackling Chrysanthemums • Gold Spider SPECIAL EFFECT SHELLS + Screaming Whistle Shells + Electric Storm Shells (dragon eggs) + Gold Flitter u Spider (Gold, Silver) t + Two Break Color and Report �.r • Magnesium Combo .' SALUTE AND THUNDER SHELLS - A variety of Of - fells that incorporate powerful reports into their display. �r tr Featuring: r Artillery Titanium, Thunder Blossom, Battle Clouds # STROBE, TWINKLING AND SPARKLING STAR ... - -.. SHELLS - A variety of beautiful twinkling star shells, ttr featuring: • Strobe Shafts (Red, White, Sliver, Green), w r Flashing Wd Shells (Pink, Gold, Si er, Red, Green) • Sparkling Light She/is (Gold, Red, Green, Saver) Gr • Twinkling Stars (Spangle, Silver, Gold) it MULTI -COLORED JAPANESE STYLE PEONIES - Variegated colors In a spherical burst tt resembling a peony flower, many with rising effects (tells, flowers, whistles, etc). • Color Changing Peony (Two, Three or Four Color Changes) • Peony With Pistil SPECIAL AND MULTI -PATTERN SHELLS'"- Forming fantastic, unusual patterns. Happy Face Pattern, Five -Pointed Star (White, Red, Blue) Red r Olympic Ring Pattern, Snail Pattern with Drilling Purple Small Flowers, Saturn Planet, Bow Tie Pattern, Hour- tr r glass with Color Ring Diamond, Shamrock, Club Pattern with Strobing Center, Gold Hour r Glass with Red or Blue Ring, Reds—lNh#e---Blue Shell of Shea Rings, Umbrella Pattern, f Kiddy Fishes in Crowds with Crackling Stara, Stla►:ined G188& Poinsettia Pattern— 1fiir r sr tic 1'� '`.r�7 ti7`:� 5 1� i�' i i:7 t.;t`rrSrYt' t ye*%r"+Ctit'ti7 tiy' fi i"r:i � PALM TREE SHELLS - A huge palm tree with rising comet tails. u • Blue Palm Tree with Yellow Trunk, Green Palm Tree Shell of Shells, tFlrMPZ Glitter Palm with Glittering Comet Tail, Crackling Palm Tree with Rising * Cracong Tau, Red Coconut Leaves Tz MULTI -BREAK SHELL OF SHELLS - A variety of effects that incorporate %'�f hundreds of components into their display. • Thousands of Colorful Stmbes, Thousands of Brocade Waterfall, Thousands of Glittering Kemuro • Artillery Titanium, Thundering Blossom, Battle In the Clouds JAPANESE BROCADE WATERFALL - It looks just like a shimmering golden waterfall high in the sky. (Also in shell -of -shells variety) SHATTERING GLASS - Looks like glass shatter- s ch in yr ing -vary Ddfereml YSHOW to Red co or ang g stars with Glitter Strobe effects_ * WAGON WHEEL COMET - A Huge break of a ' :f Glitter Ring pattern with comets protruding from center to form the pattern of a wheel. Very Unique. MAG ILLUMINATORS - Super flights that are intensely bright. GO-GETTERS - Rich, vibrant colors featuring Moist, Bright Red and Rich Emerald Careen. Shall bmaks soft - then waves of corkscrew erratic propulsion in every direction. COMET SHELLS - A variety of special effects. • Split Comet& --Gold Flitter, White Flitter, Crossefte--Red, Green, Sliver, Glitter, Scattering - CrisB Crossing comets, Magic Scatter Yeuow Comet Flower, Snowball Crossaite—Long Tailed, Flully White Glitter u ADYANC§D i CT AND D�NRR WANM i OUS Bay Fireworks Gold Flitter Split Comets, Super Crown, Designer Three and Four Color Change Effects, Eddy In Chrysanthemum Crackling Dahlia with Crackling Meg Stars Pistil, Farfalle, Diadem with Scram- bling Red & Green Comets, Comet Mine Shell of Shells f1r • Brocade Diadem Kamuro Shell of Shells, Floral Shell of Shells with Popping Bro- cade Small Flowers Pistil, Lightning Bugs (Strobing stars) Chrysanthemum with Blue Comets to Floral Salute Shell of Shells, Floral Fancy ( Ch ry Ring of Diadem Stars) Silver Waterfall with Red and Blue Scrambling Comets, Palm Flowers (Palm Tree without trunk) • Japanese Kaleidoscope with Color Pistil, Circle of Bouquets —Assorted Colors, # Magic Peony, Spangle Peony with Coconut Core 0 W W W Yc W � �.f +� � rr� � lr�"� � W W W �r+ �.i � � W W err 'iP` �r7 � ..�"..� �•�" W W Y[ � i.� W W .� Ise" kff"M lr� Level 1: Multi -Shot Fanned Crossette Barrage Level Z: Aerial Shells in Three-inch Color & Titanium Salute Shells Level & Huge Aerial Shells blossom over the top Bay Fireworks is known for producing the most exciting openings and Grand Fina- w les in the business. we use special effect, and multi -break shells, rising flowers and tails, along with large support shells, all timed to allow for a oontinuous barrage. 'W 'r � � ,& This finals is a TWIII-474EATER presentation, designed to be displayed from two locaiiom simultaneously: III 3" Special Color Shell "Fan" - Hundreds of spectacular Japanese -style r shells volley into the sky into a widely "fanned" overlay of multi -colored floral patterns �r �-'r B! 3 Titanium Salute Shells w/ Silver Tails - The color shells are joined by a bombardment of electric flash salutes, again exploding Into a wide fan pattern for maximum coverage. All salutes are followed by brilliant magnesium comets. 0 Multi Break Shells - The sky now turns into a �r multi -level barrage of color, and booming reports. o High over the top of the finale, huge oriental chry- santhemum bursts soar up to 1,000 feet above the barges. *Japanese Special Effect Shells The heav- ens ignite with the sights and sounds of a full- scale aerial barrage above pounding flash salutes ` that are heard for miles around. This scene In- dudes a full multi -level compliment of the most spectacular aerial effects available. Ok Brilliant Brocade Chrysanthemums ' 411 Nishiki Kamuro Shells with Spangie Pistil Alk Popping Brocade Flowers MR Cotor Changing Mums w/ Changing Pistils ��irw�r�:r sr���:r�r��.���x��r����.•��r�'rw���r� .. u Mid -Level Ems L� CANDLES � w Size-15-30mm a 30mm Color Crossette Candies Ok 30mm Blue Bombettes Candies 0 30mm White Flitter Candies 41 30mm Gold Rain Star Candies r Sk 30mm Brilliant White Mag Candies .� Nk 30mm Gold Flitter Crossette Candies 0 30mm French Mosaic Candles # �r ,X f � rs STAR MINES Three -Inch 0 3" Glittering Crossette Mine �x +CIE 3" Silver Crossette Mines � 3" Sparkiling Strobe Mines 3" Patriot Colors Mine Four -Inch too dot Rod Wow fo 40 4" Gold Glitter with Purple Mag Stars ��► �� ft 4" Silver Crossette Stars Mine 0 4" White Flitter with Red Mag / Whistles A 4" Mag Colors with Scattering Stars Mine 0 4" Mag Colors with Swimming Fish Mine r A 4" Colorful Crossette Mines 0 4" Super Crackle Mine � 0 4" Brocade Waterfall Mine K1�3 W K W } N ir # Y 4 i # # t # # # SPECIAL EFFECT BARRAGE UNITS Formation, # # 100 Shot Silver Crown Mine & Gold Willow , 100 Shot "Z" Shape Wor Falling Leaves with Blue Pistil # 372 Shot "W" Shape Gold Willow Comet w Blue Pistil # 400 Shot 'IV" Shape Rapid Fire Blue Stars # # 210 Shot "Z" Shape Rapid Fire ? Red Stars 210 Shot Fan Shape Blue Star & Silver Coconut Pistil # # 100 Shot uarie ted Flowers wl Blue Comets :r # Shgj TMOlum # ###�######fir############fix##�#####�##�###'►�'�# lit 1•T' �:� '��' %: �..t 5.•t' 4:.' �..�" • a �r ear .fir �wt•r 1r •y�y. wri 'L3' .. . ��• �r �� '.: `:.0 i:.�` �? `,..f• � `4."`� Sri ".r•i 'S.:C 1.0 .•' %'l ",.i iy `..•" ti..Y :•.p `.vl` The magic that pulls together all the elements in a pyrotechnic program into one spectacular me- dium is the choreography - "the musical marriage of fire and sound." Using precision "Piro One" Ilk choreography software, and pinpoint editing of the musical scare, the final result is a dramatic r state-of-the-art fireworks performance, precisely fined by dozens of computer modules networked throughout the firewarks staging area. The final theme and mood of the fireworks musical program will be a collaboration of your requirements, the event theme, and our expertise• Wa Will work closely with your production and croativa staff to exact match your specifications. it Included with our media • _ a. _ production is broadcast quality profenionai narra- tion, and celebrity narration is available upon roquest. ��. MP, Scriptrnaker choreography screen •fir tit �� �y. �F �y ti 4yY� • �ti network sy�em. Our Sm One ChweogmPhY All our world -Class programs begin in our multi -track iT studio, where the layers of the musical production track ..�, are first assembled*. Upon approval, this final mix is ';r combined with other production elements such as nar- ration, and then output to a digital me- nll sx dium, such as CD or Mini -Disk. it is then s prepared for the process for precise computer designed choreography with the fireworks effects. The software, " "Scriptmaker", is the most precise and �x intuitive in the industry, allowing for the exact place- i r ' ment and triggering of literally thousands of simultane- 1�, ous firings throughout the staging network, a feat not -e r� possible with any other mode of firing. Whether die- ; k played from one, Iwo or ten -or more firing locations, the pyrotechnic effects are seen to lift int0F wr the sky and display at the some precise instant, a truly unprece- .r.-rw ry.rr �'e dented pyrotechnic accomplishment. _ ,1, �. ......R * Before and during the event, our media team will work seam- om: s , E : fi5SM * lowly with your event media partners to bring the soundtrack to02 — r r life, whether by local radio station, event sound system, or televi-%po►. µ Sion. Our media experience and capabilities are head and shout. .,�, = fi; x;}' ;_.. ders above our competition and will guarantee you a flawless {� rF sm. production. t'r tyre One software firing screen " Music and chorwg►aphy available upon special order only. t'4�' W ,ii `y. 3'•7' t. � r i. r ° ti y _,,� }f;,r �,;`` �,�` YF'�•s' s� tat :� '� � "I-� S•� <• x �w 1:1`.# $•� � �.�.� tiwr a� � l.•r •:�! ''••` � �F � d :.� t� 7.1' s,: Sw `vi �• �P .i �.•�` « Y I? vi JF wr Say Fireworks Y tr 400 Broadhollow Rd, Suits 3 W Farmingdale, W 11735 4 Phone 631-390-8620 fox 631490.8621 tr U try rcr�r*'zz1�- �r Yr i:r te �dr * "-' "' , 0 11 A k -P . A A IY * vr -ur I�w R�FERtNC�S w. � mmer�at�a�s Firevvorlcs � Cre its ar�d Ca L5 �atintutl �epuhfitatt �cttMnxiaf �aatraittae naanr, e�ilgm� pewmher2r100t rn•A4 .....'rp..ar'1' .:6.r' crab: 7 ir�xt: ilMka alelli min— yap pppgeaieaned,lx. Svpan,NY 1ti46 lr1y19,1005 .. prelhpappadkBak Yrk 110 Route 110. &db 102 Hvp iAVm9vdon,HY 11946 Delve, I.'61e"Imfordree6wdoformratke$apA%.-Na6oad DwClmliaARA rbsra lm I ww vary6ohikoul limvda belt t7ulie mm*dj l 4S& show rblddke aodkut esd wonk errryda9ulpaat l loae+tl► I wu 1�(ortk Unfit WQ(PWWcUW' Rin>9 DOMWO1 1 WNW dlte to woomld yaaaad y 00 imlgct ddrehm► fke enroll dike erect, f vw rw+laldedby tlnd the �e�old l° of lvly vrookmd Ow zmb itwrfvmwe6nYaacdmle+lprerod.erper*b "^Ileurllnirad 'dil fornf+hWautw tlnD ofarr11dbuft aoftketlrrelkowt. Isar at v*0 cord Ilr eapim werkd d+eOantmea and alaflue sdil plkiaB aberlt the epoebculAr o 11wek 1W Your galTearried dle@eeivee My prq&Wv 1yaad rticoa "A pefomw" oxpoegdont. F.eehldyMfheotewwamedYnlrattibmh0unprlortodloottflne, 5ilxrdy, Thob t15111a it a PC all w. WO on't wait m =ao the neat &W In SIPWAW' 1 klg»der. .. placate( Swm Mehey tMS&dft rrftiwE2 GARDENS. 6+Interllatia1181 SYMPOSIUM 00 fIWArb ' . luly7,2005 1l �\ pnbeTtYale olba4= Bay Finwoft Ilona" 110, Sint! 102 tlreYre HUnMg oh ROW%W 11746 teintie� ahr. ia= Nmoron sm"INY 11'Me Dow Bob, Iwaatedtvletyou know that y0urtoftdid agreatiabfor fhallreworMspreaefaador+a OW� for the 4theihdywealand. Kudos to you and your MR on agnaltocwnDdmwfor R=�..,t,,lw+ala.e,.ra=warM sway I 4thafhdyahowfand10pravld(rl 99fWaawoipeo0a . WeAM+Met ��na rrN °"r"t "oeiPmrtlwm+awmna ltaaaw sultlliM�rl�b IYaaa,ardiarwllMweadb■dadrrdwrcram ie rr.praeupwalaasewaetiY•`�"°tld'•aManam axnra.a. Thadt'heu, Iwlorru+err atixalrre. cmonna.rle.+...a.raae.rw> aw�"p°ai..rr pofy�r�aln grolarM reyls tityea�l. W1ek IYaraM/tirM�r W aprraa MaraTdR�e NYM7e M6ew'�� awrwiw9'► p �' ElrprrraatMalr►MaleCWba f)terttoroi'IilestdulSarvi¢s aa..iar.rw.t«rw4v+■w"�wna.al..r+x+Yw.rww.ra�a. EI1tMtalnlhlntiiaAaltmlM aridrarxp+M•a►Aw"wereraweUr� I��bMaNsln.lb hk613.987.6902,FAi>�813987StBO rates ewa►aa rww� CA613-257-5019 Yarr lIllMPa'• lktadtGerdensTarnpa P.O. Bm19158 nd Wilde Tampa. FL 33674.915E AfploeKSolit,Molhrlt[bty, MefaeftMnnnmhl6MafaeftfhwA4' �reinifarlcs �� Credits I�r -i;r "The Vice President and Mrs. �4 Cheney were thoroughly de- lighted with the exciting pyrotech- nics performed by your company at the DeltaPlex. It truly added a tremendous amount of excitement to the rally..." - Bush /Cheney 104 Campaign �Er "in all the years, you guys have never let me down. I love Bay Fireworks!" Peter Gulliver, Bear Mountain State Park "Everything went very well .... and everyone was very impressed with the shows... Great job. Looking forward to July 4th." - Martin Steinke, SeaWorld Orlando andCAM M CLEARCtMIS - F.611.I)• 11. ION vla,•.e,.ecxnlra-(631)$*" 11 Yyr 17d R4M. 11O Hn16MMw1>11.twR.Nw Ywk 119M AKWAM Deb YN. �--M a.r satin nw- Os.w.rlu .b.r rnu nra �+ ro. lnirrr .le 1.r a 1w1ry11`f Ze 21. 2bM. -O IM wreal Arnw.urr Arley bN ab6ewl .1 lw�w Ra1oN A.p"11p..M• /1116.11 y I111/.1 pl.hMq 6.'Awn111.61.p1.y. A.6r-1y(.Y.11111. .UA 1 h..•. rWf...n Ir 7w lwnrabw �+r 11161"Y .dtaA .nn .11 6a .war dlw INr d1M1w- hr NW WMW *.I wl IIr1.MC.1. �..lyylr.11.. Y�II' •+N'MM' II.A A.Imn.nNM. " III. IlMlww .wM WM "I. 1M1r .Ild.irrl.11.11 M 1 whh Mn 9001M. N.n 1. leekllul w 1b. Mrry .Id a1r....r. Ilb. "N.. 'k"DOW .. bT r we would like to take this oppor- "You guys put on a great showl My ream had nothing but tunity to thank you for the spec- praise for your Pyro team - during the set up, display, and tacular July 4th fireworks show strike. 1,11 be sure to contact you when we have other new ; provided by your company. The and upcoming projects and will definitely be in touch with crowd was treated to a fantastic you in the near future" - John Hamaric, Entertainment De- v �r display." Candy Rutledge, Los sign & Production, Universal Orlando Vegas "On behalf of our sponsor, People's Bank, the entire Barnum Festival family and the tens of it �r thousands of people who watched the Skyblast on June 301h, I want to thank you for the fan- w tastic show Bay Fireworks presented - it was WORLD CLASS." - Charlie Carroll, BamumFest 'We at Caesars were delighted with the incredible fireworks display on the 26th. Rest assured, that Caesars' experience with Boy Fireworks was an excellent one, and we look forward to r working with you again," - Ronnie Watson, Director, Special Events, Caesars "I wanted to thank you formally for the terrific job Bay Fireworks did .. We have received may * complements on the show, including the off -repeated assessment that this was our best fire- * works show ever. For many years the Mets had been doing business with one of your main You to give us a bigger and better show... On behalf of the team, * Apr competitors.. promised please accept our thanks for doing exactly that. —Tim Gunkel, New York MotsOEM re°works� Credits �.r �r �r �r �r w u t't �.r Your action here, as well as your respon- siveness (and Charlie's) show me that the two of you really care about the quality and the perception by others of what you do. The fact that you and Charlie personally attended our show is, to me, an indication of your pride in your work. There were MANY things about this year's performance to be proud of, and, on behalf of our team, we thank you for them. - Terry Kelly, Rhythm & Booms, Madison WI "The fireworks display was excellent, and the quarter -million people who viewed it were thoroughly thrilled." - George Gor- man, New York State Parks (Jones Beach) "Well you did it[ You said you would make this year's Musikfest Fireworks Spectacular an event to remember —AND YOU DIDI - Kathy Kmutter, Bethlehem Musikfest "My family was very pleased with the per- formance by Bay Fireworks at the Millen- nium party at our Connecticut home. The fireworks display was full of surprises, and our guests were left dazzled by your fine show." - Phil Donahue & Marlo Thomas "lt was a pleasure to work with a group offering the professionalism and flexibility needed to operate in such a unique venue � as the Seaport. Thanks again for you „ wonderful production." - Richard Gill, South Street Seaport qRn "I just wanted to drop you a note to let you t:r know about the wonderful comments we've received on your New Year's Eve Fireworks display at First Night Annapolis. We heard many comments on how fantastic the fire- •;r works were - especially the special effect w shells... the colors were brilliant" - Janice Gary, First Night Annapolis "The fireworks display here at the Atlantis was spectacular. Your Office Staff and Team of technicians were superb and extremely professional. I look forward toward working with you on outer events". - Michele Wilt- shire Atlantis, Paradise Island, Nassau "1 just wanted to let you know how great your show was at SunFest. Everyone is still talking about it" - Leah Rockwell, SunFest of West Palm Beach 11 wanted to thank you for the wonderful fireworks show. It was truly amazing! There was so much excitement from the thousands of people viewing the fireworks from the be- ginning of the show, to the end. The fire- works show has far exceeded our expecta- tions - Lynne Sixta, Boyfest of Corpus Christi r�r "It has been a pleasure to work with Bay Fireworks over the years on key efforts when sec- ond best will not suffice. Your staff once again went beyond what was necessary to make it an extra special experience. Your display in Utah on February 8 was viewed by many of our most important International sponsor companies for the XIX Olympic Winter Games in Salt Lake City. Thanks again for a terrific job." - Chris Sullivan, Salt Lake Organizing Committee (2002 Winter Olympics) YF�EYYM "On behalf of the Empire State Games and the thousands who witnessed your spectacu- lar display at our opening ceremony, I just r wanted to say thank you, and WOWI I" Fred Smith, Empire State Games S •`�'� S 7 ` 13' 'r" s.� �� �:P %7r t �+r ` i'! ' ? i� 1p •.'. ��'` i7 cr% ! a Kennedy Space Center Celebrates N.A.S.A's 50th Anniversary Jamestown 2007— "America's 400th Anniversary Atlantis Hotel & Casino, Paradise Island, Nassau Universal Orlando Resort, Orlando, FL Intrepid Sea, Air & Space Museum Anheuser Busch Theme Parks — Busch Gardens Tampa a Williamsburg Paramount Theme Parks - Kings Dominion, Richmond, VA Inaugural Sailing "Pride of America" &'"Norwegian Gem" Wait Disney Pictures "Pirates of the Caribbean" II VIP launch President Bush / VP Cheney Election Campaign Republican National Convention, New York City Cunard's Queen Mary Ii July 4th Celebration - Newport, RI Rhythm & Booms, Madison, WI Concert Tours: Jimmy Buffett, Beach Boys, Mariah Carry, Survivor Roseclif'f Mansion & Breakers Centennial Celebrations, Newport RI State Games of America, Hartford CT U.S. Military Installations: Wright -Patterson AFB, Fort Monmouth, Fort Benning, Fort Rucker, Fort Campbell, Naval Station Newport, Fort Hamil- ton, Groton Naval Station, Fort Bragg Jessica Simpson Columbia Records Album Release, NYC Jacksonville Jazz Festival, Jacksonville, FL The History Channel, Battle of Monmouth Reenactment Jones Beach State Park, Star Spangled Blast, NY The Learning Channal, "Beyond Tough" w/ Ice T Bronx Salute To America, New York, NY International Symposium on Fireworks at Walt Disney World, FL Chinese New Year - Manhattan, Queens, Bronx Court TV lot" Anniversary Celebration, NYC Millennium Celebrations 0 R. McHenry, Baltimore Harbor, MD PT Barnum Festival Skyblast, Bridgeport, CT Goodwill Games, Lake Placid, NY . Caesar's Casino 20th Anniversary, Atlantic City, NJ City of Las Vegas Independence Day, Las Vegas, NV SunBowl, El Paso, TX Elite Model Management, NYC OpSail 2000 - New York, New London, Newport Bethlehem Muslktest, Bethlehem, PA National Football League, Monday Night Football Target Stores Grand Openings, MUltiple Locations, U.S. i I M dlson WI t� Universal Orlando Resort w' h+' NASA's 50tnMniversary .w New York Mets U5 Navy, Newport 0 State of Wisconsin Sesquicentenn a , a The History Channel, "Star Spangle Banner Story" Montauk Lighthouse Bicentennial, Long Island, NY Paramount Pictures "Sabrina" w/ Harrison Ford Empire State Games, NY Capital Cities Celebrations: Albany NY, Hartford CT, Trenton NJ, Bal- timore MD, Boise ID, Madison WI, Providence RI, Concord NH, Salt Lake, City UT, Atlanta GA, etc. US Navy Independence Day, Newport, RI, �f Republcan CVO ve lJo . 4tid: ti r .y r %' , T i° � ': ! i� d! 4:.a * * > X P RELEVANT XWERIENCE Bay Flmworks 400 Broadhollow Rd, Suite 3 tr Farmingdale, NY 11735 Phone 631 -390-8620 fox 631 -390-8621 cr I:r R �tEyxpye rime and ShowOperat�o IN THE PID SEA,AIR 6 SPACE MUSEUM Adventures !n Heroism ABOVE: Gold Kamuro Waterfall Shells Bay Fireworks was honored to be selected to provide the only fireworks program at the RNC. As delegates from around the counhy gathered in New York City, a spectacular program of f ireworlrs was launched from two barges off of the USS Intrepid Sea, Air & Space Museum BELOW: President Bush addressee U.S. erans on Veterans Day upon return c USS Intrepid Sea, Air & Space Museum. BELOW: lied Strobes, with Bed Strobe Pistils, Wave to Red Mines. MR&n e arid Rio :nQper�t�o CELE13RATES NAeSeAe m ANNIVERSARY ABOVE:1/2 Red, 1/2 Blue with White Pistil 311e115 erupt over the Rocket Garden which are com- plimented by Silver Glitter 60mm Mines. RIGHT: Red Comets Pulse Into the evening sky flanked by Gold Flitter Comets. LEFT: As the band Survivor finishes their concert in the Rocket Garden, Blue Peony's burst In time to the musi- cal score W.-I NUFMORB Re �_ paint# Exp_e�e �and �ow:��a raijo )AMESTOWN 2007 AINERItA'S 400TH A N N I V E RSA RY Above: Silver Waterh along with Silver Pe Tree Shells burst In tli to the live Orchestra Below: Silver Karnuro's Ex e012;2�e }� d Show- Viper �a Rele ant . w. _: =-.. UNIVERSAL ORLANDO ISLANDS OF ADVENTURE Below: Dennis Brady Jr. V p. of Operations, puts the finishing touches on one of seven barges used during the "end of night" display at Universal Orlando Islands Of Adventure pn%WW�RKS Above: Flame protectors begln Mine plates Illuminate the lagoon RKY'THM & IMMS NUMLSONs Wi BELOW:: The Rhythm & Booms Fire- works Production Team. .and Show-4p¢ra�t Bay Fireworks was honored to be selected to design and produce the fireworks for Wisconsin's Rhythm & Booms This program is the largest annual single day event in Wisconsin. Our World Class fire- works performance was accompanied by, and timed to, LIVE music performed on stage by the Madison Symphony Orchestra and Chorus, whose 250 performers were candueted by Music Director John LEFT & BELOW: Our team of eighteen techni- cians completed the project in 7 days. `' w rie�cCe�and Shoper�tio Ww►�11�ra. BUSH-' CHENEY '04 BUSH I CHENEY CAMPAIGN TRAIL BELOW: Rigging the calling with gyro devices It was an honor to all of us at Bay Fireworks to have been the pyrotechnic producer at specialty selected rallies in the last weeks of the 2004 Re-election Campaign. These locations were spe- cially selected to use indoor pyro in order to boost excitement, and stimulate the voters to come out and vote. Judging by the outcome, we believe it worked! LEFT: Vice President Cheney addresses the rally in Pennsylvania. BELOW: Pyro Alrbursts signal the end of the rally. ant�Experien�e:��and Sliow-ratio u (h HY MM 0 FIREWORKS H14HT Three tulles of tubing, 45 miles of wire, enough wood to build two homes -- the Mots setup Is enormous - and elaborate. Large Diameter Exhibition Candles comprise one of several illumination points Fireworks Night at Shea Sfin iam & one of the most anticipated fireworks pro- grams in the Sports world Since 1998, Bay Fireworks has been wowing sellout crowds at Shea. 50,000 cheering fire- works fans witnessed the most elaborate ,fireworks program ever at the stadium. This program is designed produced and displayed with the Fire One Computer system. g 4L T h 1001 }' A� r &R aintqLExp¢ Showy INTERNATIONAL MAPOFIVM ON FIREWORKS AT WALT PIFH[V WORLP ORLAMPO., FL Bay Fireworks was honored to perform as Technical Manager at The International Symposium on Fireworks held at Walt Disney World. Each night, Bay designed and produced World -Class fireworks programs for international suppliers such as Panzera of Italy and Yung Feng of Taiwan. The ,symposium has become the world � premiere international gathering of the pyrotechnic industry. .Each Symposium has focused on bringing together individuals of diverse pyrotechnic background to see the newest technology, to trade experience and ideas on ways to enhance the industry and to move the science forward. The emphasis of the Symposia is on the s� frety, scientific, artistic, and regulatory aspects of the globalfireworks ireworks and pyrotechnic industries. Silver Tiger Tolls, Brilliant Red Star Mines and Super Crowns (R) Green Strobing Willows, Gold Falling Leaves and Sparkling Silver Peonies (above) Mag Multi Color Palms . Red Mines, Thousands of Salutes, and Silver Whistles burst over Seven Seas Lagoon �'+r Rele�iaiiytuE rier It, StbW,�qx..s BARNUM FESTIVAL $KYBL"T GRIP EPORT, CT Pyrotechnicians Installing shells Blast -proof "Network" for cue deily- The Barnum Festival celebrates the memory of consummate showman Phineas T. Barnum each year running from April through June, capped off with World -Class fireworks at "SkyBlast ". Each year the spectacle is viewed by several hundred thousand people gathered at Seaside Parr as well as other locations around the Long Island Sound The Chlef Techniclan Inspects a candle Illu- minations point. Command central - FireOne Maln Mod- ules and Computers ready to go R ant-ExileaidSho:,�r:4p. A scene of Golden Brocade Waterfall shells (above). Violet Bow -tie Shells above a spray of Japanese Spangle Shells (fight) Green Fire Flowers, Blue Crossettes & Sliver Comets [L), Red Cycas R, National c01015 *Germ wi, w CYMFMW R ~�ant� rie �e _vy r SALUTE TO AMERICA NEW YORK NY $ALUM AmsmrA and Oq A spectacular evening of pyrotechnics was enjoyed by the residents of the City of New York at the and Annual Salute to America held on four barge locations in June. Si- mulcast music was enjoyed by thousands as they witnessed one of the largest programs In America. lea" has become the second largest Independence Day program. rrer 5000 shells fired from four barge locations, entertained thousands of spectators at one of the Nation's largest fireworks programs. Bay Fireworks is rapidly becoming the pyro-company of choice for mq jor sports events. NFL teams like the New York Jets use Bay Fireworks to highlight their most impor- tant games and events. Below, Bay puts the f i nal touches on the last airing of Monday Night Football for Network Television. i 1 anti rierrce and Show::r�t-low NY JETS GIANTS STADIUM M4NOAY N14NT LL Pyro Items pre -mounted ready for placement on press box root. Re iL aintExpedi.erThe Goodwill Games are an international, 400DWI LL CAMB multi -sport invitational event uniting the world's best athletes. In February 2000, 442 athletes �� pt�0 from 22 countries converged on the legendary ib winter sports facilities of Lake Placid, New York The Main Stage set for the Opening Ceremonies Silver clowproxlmlty gerbs on stage. Bay Fireworks worked closely with Games pro- ducer Jack Morton Productions to produce several nights of state-of-the-art pyrotechnics at the Opening, Medals, and Closing Ceremonies. These programs included a variety of sites such as arena rooftop, stage and suspended pyro from arena rafters, and several sites of outdoor f reworks . Olympic Arena rooftop set-up, LR:e ~ anMw!ti r�enc+ and Show-Oper�o OPENING CEREMONIES STATE Ca"ES STATE [1110 0OF AMEN co�Mtrncur Wiring Airbursts in a lighting truss L Bit to The 2003 State Ganes of America National Championship in Hartford CT featured S, 000 athletes competing in 14 Olympic -style events. Bay Fireworks was called on to provide pyrotechnics in a wide variety of locations in and around Rentschler Field for the Opening Ceremonies. Sparking Silver Gerbs on truss �_. ��:;. � � � r�rtio s R�le�arrt= r�rce and .Shaw-C�pe ATLANTI'S PARADISE ISLAND. BAHAMAS Bay Fireworks produced one of the largest fireworks displays In recent memory for the casino giant over Americas Independence Day. The choreographed display was fired by computer to a musical score which featured many popular American artists E rie '"and Show �pera�t� R�ev�rit .a._. .} ANHEVSER BUSCH PROPERTIES Above: Computerized firing scripts are carefully reviewed prior to show time. Above and Left: Hundreds of mortar tubes are carefully wired and tested i Y[111C11IM " 1 �y^-tr r Y � d• i• =rt' "S..r 5;..�"�..1" �.r I�r `vr 3..r �•`,•r K..t' `.3' Wf L:' vT • s:r 'i:� ,��' ..t % �. `fir � � �, `�•t .� .,f ;�' y ON �r P A" VAIM $18,000 ryes INSURANCE LIABILITY COMB -AGE": ,;•r insurance: $5,000,000 General Liability loom u... t~' poly Prep Day School sh6,000,00o Mawr Carrier Bronx Celebrates the Anrerlmn Spirft-AYC • Full coverage as required by law. ly T YVe provide full coverage for our pyroWbrilchm who perform f mwofks wthlMdons on barge based programs. Cg "pHjE; Isyro Engineering, Inc. sbic* adhsros to the following roqulnmwo: waft Dhney world pPPA im, BA?Fr OSHA • U.& Oeparhnene of Thlnsports1on s ' U s. cant Guard W, +' www.l YPIRiWORIKSA ;>" Y wi Kennedy Specs Center A -V ■■ ` "f-i 0 Univemal Orlando Resort ~r YB' ® PYRO ENGINEERING, INC. ,e cox 1D6 A "-naa data on all Pages of this PAW is PMP"ry, and IS to be asaordad C*dW*n lsl tnrdm.nt. TNs PrwS o wed he cons dlsWosad other than o 1M WNNeI rptsaantativw of Ms orpanlutlos llstai er1 the Dover, and only then when used In the svallWloa of 1Ms yrtapassl her sward- y�r NMa shsN tiat he Ing a *Wraet. Any npnoductim of the conhaN of this PropoaW, Wbw w to VA Ws or In Part is axprsply rorbtdderl r�Y The enticed oonapta ants twadsls ate HIS sole and --h— re Poinrw tyro Eng wnwittg, aY w" Oba say f9 wmwka. Photocopies fwblddan without P"Waslon of Pyro EnYlnstwiray, iw.To vwr wws Hurts tier dpM to make wtbatrutloro of egtro or gmstw value In On products, yPas, gow*dm and alma listed hwaln, p wvWad such h aaMa JO look gffwent lhrvrork 40@GW bped on the Y: sup o, an n tooar anss with NPPA 112L Tin vdw of this program among other production Itwnwns. Programs and shells of the astm albs Only hm WgnIftenlly dlflenrd vatusets , ##Rio, a Ihewwlw program cot nawr be valued on shall ownts alone andal sins larger Men 1!" In Pdo" and specifications are still d to charge wlth"d wr, dlsmstw hers been nolaseifled by the USDOT as "high exphoOm" and U eivilm WHI not appear on your wotitan" Yy tri Iarruaaee HMO are void tyro &I owpapy Pw W Mar 1I. 29011--1Nq 114 BW p'eaq settled to waawd w 'hot tW) `..f w yp _ r + r ,..r • y .p ` •. s y°N C:I. C f � •r vP v di.` ?`l `wr w! e•7' trT ..: `F." yr`�° ``..�i Mr b�° �.Y tr S.0 -w •iY� W Y^YY 4H y �i+- Yi •M•1`� V•' SL.t L.T �•..V 1{ I Y" % 1+a ^"t . ;r C".,'iy of '.'I arac ,,.i,,)d Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND PYRO ENGINEERING INC., D/B/A BAY FIREWORKS THIS AGREEMENT is made and entered into this tV day of Mn , 20 D by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Pyro Engineering Inc., D/B/A Bay Fireworks, a New York corporation, duly registered as a Florida Foreign Corporation, with principal offices located at 400 Broadhollow Road, Suite 3, Farmingdale, NY 11735, (the "Contractor") to provide for a complete Aerial Fireworks Display with Synchronized Music for the City of Tamarac annual July 4t" Display. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. 009-08B, "Aerial Fireworks Display", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document 09-08B, "Aerial Fireworks Display", as issued by the City, and the Contractor's Proposal, dated April 3, 2009, Bid Document 09- 08B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, experienced and qualified pyrotechnicians, and equipment necessary to provide a fireworks display with synchronized music for the City of Tamarac's July 4t" Celebration as per the terms and conditions outlined in Bid 09-08B "Aerial Fireworks Display" to be held on July 4th at 9:00 P.M. at the Tamarac Sports Complex located at 9901 N.W. 77th Street, Tamarac, Florida. b) The display shall last a minimum of twenty (20) to twenty-five (25) minutes with a continuous shell launch every 10 seconds. Contractor shall design and furnish a custom aerial fireworks display consisting of a grand opening, aerial display and grand finale, synchronized to music, which shall audible throughout the event site. c) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. d) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. e) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. f) Fireworks are to be furnished for display on July 4t", providing the weather permits. In the event that inclement weather should prevent the fireworks display on the above date, vendor shall consult with the City's representative, who will be present at the site, prior to any decision being made to postpone the display. If the display is canceled, all activities will be scheduled on the next feasible (good weather) day agreed upon by both parties prior to July 4t". In the event the fireworks have been prepared anticipating good weather and inclement weather prevents igniting, then such exhibition of fireworks must be implemented on the next feasible (good weather) day without any deduction in the number of shells and without additional cost to the City of Tamarac. g) Delays for Inclement Weather: In the event that inclement weather should prevent the discharge of the display on the date agreed upon herein, and subsequent to a postponement of the display as mutually agreed upon by the City and Contractor; the City and Contractor shall determine a mutually convenient alternate date within six (6) months of the original display date, with the preferential date being July 5t". In the event of such postponement, Contractor shall be entitled to a sum not to exceed 10% of the original contract price as compensation for Contractor's additional expenses. This amount shall be paid in addition to the contract price and shall be payable only on a one-time basis. In the event that the show is cancelled by the City, the Contractor shall be entitled to collect out of pocket expenses incurred in preparation for the show including, but not limited to, material purchases, preparation, design costs, deposits, licenses and employee charges, but in no event shall such expenses exceed 40% of the original contract price. h) Pyrotechnics Crew: Contractor shall furnish an appropriate number of qualified operating personnel, to include a minimum of: one (1) supervisor and three (3) assistants for the fireworks display. The supervisor shall be available for pre -show logistics and safety meetings with representatives of the City's Fire, Police, and Parks and Recreation Special Events Staff no less than 45 days prior to the date of the show. i) Representation: A representative of the Contractor, authorized to bind and make decisions for the Contractor, shall be present prior to and during the display. Radio and cellular phone contact shall be maintained between the contractor's pyrotechnical staff and the City. A radio will be furnished by the Parks and Recreation Department. The Contractor shall be responsible for supplying a cellular telephone. j) Storage of Fireworks: Contractor to store the fireworks being used for the event, as approved by the City's Fire Department. Contractor shall secure all Fire Permits at State and Local level. Fees for local permits will be waived. k) Set-up and Clean-up: Contractor shall be responsible for all set-up, breakdown and clean up of area used. The Contractor shall also be responsible for the removal and disposal of all spent casings and any other debris and material specifically created by the display, or by Contractor at the Contractor's expense. The firing location must be restored to its original condition after the show. Dud Material and Debris: Contractor must remove all dud material. The Contractor must search the fallout area for duds immediately after the show using adequate lighting to ensure that the material is readily visible. All dud material must be disposed of in a safe manner, taking care to ensure against unanticipated explosions or other similar safety considerations. Unexploded shells in excess of 5% of the total will be considered unacceptable and necessitate a decrease in the payment to the Contractor. m. Safety Standards: All fireworks shall be performed according to the National Fire Protection Association Code for the Outdoor Display of Fireworks, NFPA Standard 1123 and the South Florida Fire Code Section 5238. n) City shall provide the following items to Contractor: City shall provide a firing area that conforms to NFPA Code 1123-1995, which states that there must be at least seventy feet per inch of shell diameter between firing site and any spectators, cars or buildings. This program requires a safety zones that have a radius of 350 feet because of the inclusion of five (5) inch shells. Adjustments will be made to the content of this program if necessary to conform to NFPA 1123-1995. City shall provide for protection of the display area by roping -off or similar facility, and will provide adequate security protection to prevent spectators from entering display area. Additionally, City shall conduct a search of the fallout area at first light following a nighttime display. City shall also provide Contractor with applicable information related to the requirements of the Tamarac City code applicable to the display. o) Shell specifications: Contractor must offer a variety of shell types. Shells must have different functions, patterns of break, colors and sizes. No more than 50% of the shells offered for the body of the show can have a mortar size of 3". No shell shall be less than 3". The size of the firing area dictates that the maximum mortar size shall not exceed 5". p) Contractor to be prepared for inspection on the morning of the event at a time agreed upon between vendor and Fire Chief or Designee to inspect and count the shells. The fireworks material list will be compared to actual inventory at site and shells originally bid. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The term of this Agreement is for a fireworks and laser light show for the City's July 4t" Celebration for a period of one (1) year, beginning the first day following execution by the City. Upon expiration of the one (1) year term, the parties may choose to terminate this Agreement, or renew the Agreement by written agreement signed by the parties hereto for an additional five (5) one (1) year terms to be set in the renewal agreement. 5) Contract Sum The Contract Sum for the above work shall not exceed Eighteen Thousand Dollars and no cents ($18,000.00). The Contract sum is determined by the cost of labor and materials for the job also known as Bid 09-08B "Aerial Fireworks Display". 6) Payments The CITY shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the CONTRACTOR for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification 7.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 7.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 7.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8) Warranty Contractor warrants the job completed against defect. Failure to deliver and shoot all shells, or to fail to meet the required minimum timeframe for the display will result in a prorated amount being paid to the vendor and removal of the vendor from all future bid solicitations. Contractor shall be responsible for any damages caused by defect to affected area or structure. 9) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney_ at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Pyro Engineering, Inc. d/b/a Bay Fireworks 400 Broadhollow Road, Suite 3 Farmingdale, NY 11735 Attn: Sigmund Rosen, V.P., Sales (631) 390-8620 (631) 390-8621 Fax siA@_baffireworks.com 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Except as specifically provided for by Bid Document 09-08B, "Aerial Fireworks Display", or addressed by Section 2.f of this Agreement, neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Cost Reduction Measures In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 17) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 18) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 19) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 20) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 21) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President of Sales, duly authorized to execute same. ATTEST: MafiorxSwensonr, CMC City Cl*k Date ATTEST: ignaure of Corporate Se ®y 0 Dennis Brady (CORPORATE SEAL) --CITY OF TAMARAC Beth Flansbaum-Tala isco, Mayor L. Miller, City Manager Date Sr DkA Approved as to form and legal sufficiency: ;��l,� 1. Cir At orney � cE: k' - Date lay 2 v C'" h- y i �- �� z ,..' f 7•vc Company Name Kerr -v •'L'�S ''Signatur of ?, Sales Sigmund Rosen 'Ay'oy V 7 .200 g — Date CORPORATE ACKNOWLEDGEMENT I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Deny ,Brady Er- Ofpera4vns Vice President o -Safes of Pyro Engineering, d/b/a Bay Fireworks, a New York Corporation, duly registered as a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of Z, 20 0 r Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification &-aw(v- Type of I.Dr. Produced ❑ DID take an oath, or [� DID NOT take an oath.