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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-039Temp. Reso. #11160 March 23, 2007 Page 1 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-y� � A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #07- 16B, ENTITLED "AERIAL FIREWORKS DISPLAY", AND EXECUTE AN AGREEMENT WITH MELROSE SOUTH PYROTECHNICS, INC., FOR AN AMOUNT NOT TO EXCEED $20,000 FOR THE 2007 FOURTH OF JULY FIREWORKS CELEBRATION; APPROVING FUNDING IN THE AMOUNT OF $20,000 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 #07-16B entitled "Aerial Fireworks Display", on March 4, and March 11, 2007; and WHEREAS, Bid #07-16B, is incorporated by reference and on file in the Office of the City Clerk; and I Temp. Reso. #11160 March 23, 2007 Page 2 WHEREAS, the City examined responses from Zambelli Internationale Fireworks Manufacturing Company, Inc., and Melrose South Pyrotechnics, Inc., as follows: MITI Zambelli Internationale Fireworks Manufacturing Company, Inc. - $24,500 Melrose South Pyrotechnics, Inc. - $20,000; and WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 1 "; WHEREAS, Melrose South Pyrotechnics, Inc., was deemed the most responsive and responsible bidder, a copy of said bid is attached hereto as "Exhibit 2"; and WHEREAS, the City of Tamarac has drafted an Agreement with Melrose South Pyrotechnics, Inc., for their services at the bid price of $20,000, said Agreement attached hereto as "Exhibit 3"; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and Purchasing and Contracts Manager to award of Bid #07-16B entitled "Aerial Fireworks Display" to Melrose South Pyrotechnics, Inc., and to execute an Agreement, attached hereto as Exhibit "3", for an amount not to exceed $20,000.00, for the 2007 Fourth of July fireworks, with the option to renew said agreement for five (5) additional years in one year increments; and 1 Temp. Reso. #11160 March 23, 2007 Page 3 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 #07-16B entitled "Aerial Fireworks Display" to Melrose South Pyrotechnics, Inc., and to execute an Agreement, attached hereto as Exhibit "B", for an amount not to exceed $20,000.00, for the 2007 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. SECTION 2: That Bid #07-1613 entitled "Aerial Fireworks Display" is hereby awarded to Melrose South Pyrotechnics, Inc., for an amount not to exceed $20,000.00 for the 2007 Fourth of July fireworks show. SECTION 3: That the appropriate City officials are hereby authorized to execute an Agreement with Melrose South Pyrotechnics, Inc., relating to Bid #07- 16B and the Fireworks for the City of Tamarac's 2007 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. #11160 March 23, 2007 Page 4 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 I Ithday of April , 2007. BETH FLANSBAUM-TALABISCO MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SWEI SON,CCMMCC MAYOR FLANSBAUM-TALABISCO A� CITY CLERK DIST 1: COMM. PORTNER Ale- DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. S EL S. GOREN Y ATTORNEY Y LY O � w o � u. o L J r w � "' `f' z O m � F- W- 0 w U C 2 H a Z = Opd� w H a Q Cl c D °0Q-i Q z a a X Omp �_ D cn m U) Y LU 0 m O a r 3.. w w 2 w ..r a w a a O 0 z 9 ca rl- CD a N C7 N M O CD z Z W Q O hck� t (), COMPANY NAME: (Please Print): MELROSE spin PYROTECHNICS, INC. Phone: 800-771-7976 Fax: 800--775-7976 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... � 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. [J'2. Properly fill out the Bid Form. [ 3 Fill out and sign the Non -Collusive Affidavit and have it properly notarized. [2/' 4. Sign the Certification page. Failure to do so will result in your Bid being / deemed non -responsive. ❑ Fill out the Bidder's Qualification Statement. 6. Fill out the References page. 78. Sign the Vendor Drug Free Workplace Form. Include proof of insurance. ✓C79. Include a complete description of proposed display, and provide a detailed listing of all shell types offered with bid. 410. Fill out and sign the Certified Resolution. [7]11. Carefully read the AGREEMENT documents attached. ❑12. 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 not 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. SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 07-16B BID TITLE: AERIAL FIREWORKS DISPLAY (FOR JULY 4'" CELEBRATION) BID OPENING DATE/TIME: March 20, 2007, 2:00 P.M. BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: keithg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: NONE BONDING: Not required for this bid. GENERAL CONDITIONS These instructions are standard for all bids for commodities/services 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 Instructions to Bidders, in the special conditions of the bid, or in the specifications/statement of work. any and all special conditions that may vary from these general conditions shall prevail over these General Conditions and any conflicting provision within any vendor's standard terms 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 in a sealed 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: MELROSE SOUTH PYROTECHNICS, INC. COMPANY ADDRESS: 4652 CATAWBA RIVER ROAD, CAATAWBA, SC 29704 COMPANY PHONE: 800-771-7976 NAME OF AUTHORIZED AGENT: JEFF MATTHEWS TITLE OF AUTHORIZED AGENT: EVENT PRODUCER AUTHORIZED AGENT EMAIL ADDRESS: y[EEF@ E .ROHEPYRO_COM BIDDER TAXPAYER ID OR SOCIAL SECURIT ER: 57- 986.8 .0•..- SIGNATURE OF AUTHORIZED AGENT: % X/ 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, BID FORM AERIAL FIREWORKS DISPLAY BID NO. 07-16B Submitted by: MELROSE SOUTH PYROTECHNICS, INC. 3/15/07 (Bidder) (Date) THIS BID SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest $$th Avenue Tamarac, Florida 33321 The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 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 City's 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 given the City written notice of all conflicts, errors or discrepancies that it has discovered in 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 interest 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. BID FORM AERIAL FIREWORKS DISPLAY BID NO. 07-16B (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 Tamarac'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. . DESCRIPTION The total Bid price for the aerial fireworks display scheduled for Wednesday, July 4, 2007at 9:00 PM at the Tamarac Sports Complex located at 9901 N.W. 77th Street, Tamarac, Florida. Including the total show, materials, personnel, and applicable permits. TOTAL COST $ 20,000.00 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 fulfill 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 fail 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. tr BID FORM AERIAL FIREWORKS DISPLAY BID NO. 07-16B (continued) Bidders Name: MELROSE SOUTH PYROTECHNICS, INC. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. TERMS: o % DAYS: NET 30 DAYS �'� • • • 1 1 r.G11'•_�:1��',?.7.�.G�O.�;��1(��;i'i_1,,���i'i��ir{� :��.^T���C.t.�.�.��t.�r.'. NOTE: To be considered eligible for award, one (1) ORIGINAL 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. v BID FORM AERIAL FIREWORKS DISPLAY BID NO. 07-16B (continued) Bidder's Name: MELROSE SOUTH PYROTECHNICS, INC. Variations: The Bidder shall 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 Variance Section Variance Section Variance Section Variance Attach additional sheets if necessary. N 3 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 MELROSE SOUTH PYROTECHNICS, INC. Address 4652 CATAWBA RIVER City State Zip CATAWBA, SC 29704 Telephone 800-771-7976 Fax Number 800-775-7976 How many years has your organization been in business under its present name? 13 Years If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: Under what former name(s) has your business operated? List former address(es) of that business (if any). 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 If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ® Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ® No ❑ If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ® If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ® If yes, explain: REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name MELROSE SOUTH PYROTECHNICS INC. . _ Address 4652 CATAWBA RIVER ROAD City State Zip CATAWBA, SC 29704 B. Phone/Fax 800-771-7976/ FAX 800-775-7976 C. E-mail .................................................... .................. JEFF@MELROSEPYRO.COM Agency/Firm Name: PENSACOLA SERTOMA 4TH OF DULY Address 6012 TIPPIN AVE .......................................... . City State Zip PENSACOLA, FL 32504 Phone/Fax 850-476 0042/ . FAX 850 476-0043 Contact Name KATHERINE WILBORNE Agency/Firm Name: LAKE WALES JULY 4TH Address PO BOX 1320 City State Zip LAKE WALES, FL 33850 .............................................. . Phone/Fax 863-678-4182/ FAX 863-678-4634 Contact Name BONNIE HODCE Agency/Firm Name: CITY OF HOLLYWOOD ... Address PO BOX 229045 City State Zip HOLLYWOOD, FL 33022 ................................................................................. Phone/Fax 954-92.1-3223/ FAX 954-921-3086 Contact Name ... RALPII... DIERKS Agency/Firm Name: J . CITY of 11,ALLANDALE Address 400 S FEDERAL HWY City State Zip HALLANDALE, FL 33009 Phone/Fax 954-457-1300/ FAX 954-457-1454 Contact Name FRANK HILEMA.N Agency/Firm Name: COUNTRY CLUB OF ORLANDO Address 1601 COUNTRY CLUB DR City State Zip ORLANDO, FL 32804 .................... . Phone/Fax 40.7-849--0990/ FAX 407-581-6960 Contact Name GERRY VALONE Florida Reference Page Pensacola Sertoma Fourth of July Pensacola, F1 .Katherine W1.1born 850-476-0042 Lake Wales July41h Lake Wales, Fl. Bonnie Hodge 863-678-4182 Ext.264 City of Hollywood Hollywood, Fl Ralph. Dierks 954-921-3223 City of Hallandale Beach Hallandale, Fl Frank Hileman 954-457-1300 Country Club of Orlando Orlando, Fl Gerry Valone 407-849-0990 Orchid Island Golf and Beach Club Orchid Island,'Fl Pam Sanchez 772-388-9291 4 �,.:ii i it ri Cr'. I � r7 r r r ;r'% � f,... •;,ir �J °.i•:.;fi CERTIFIED RESOLUTION I, TOM THOMPSON (Name), the duly elected Secretary of MELROSE SOUTH PYROTECHNICS, INC. (Corporate Title), a corporation organized and existing under the laws of the State of SOUTH CAROLINA , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT JEFF MATTHEWS (Name)", the duly elected EVENT PRODUCER (Title of Officer) of MELROSE SOUTH PYROTFGUNICS. IN((Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if 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 him/her 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, the 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 Given under my hand and the Seal of the said corporation this -/ day of 20,/,),5� (SEAL) By Secretary MELROSE SOUTH PYROTECHNICS, INC. 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. CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item (s)/service(s) described in the Invitation to Bid. We (1) 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 ❑ If "Pt C, Explain. At'it d Signature � T. Typed/Printed Name 800-771-7976 Telephone 800-775-7976 Fax JEFF@MELROSEPYRO.COM MELROSE SOUTH PYROTECHNICS, INC. Company Name 4652 CATAWBA RIVER ROAD Address CATAWBA, SC 29704 City, State, ZIP 57-0986890 Federal Tax ID Number Email address for above signer (if any) Contractor's License Number VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - 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. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to 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 workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees 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 guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that 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 form complies fully with the above requirements. MELROSE SOUTH PYROTECHNICS, INC. Authorized Signature Company Name M1 1 NON -COLLUSIVE AFFIDAVIT State of SOUTH CAROLINA )ss. County of YORK JEPF MATTHEWS deposes and says that: being first duly sworn, He/she is the AGENT/ EVENT, PRODUCER , (Owner, Partner, Officer, Representative or Agent) of MELROSE SOUTH PYROTECHNICS, INC 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, sealed and delivered in the presence of: —z--- Witness Witness By G� MICHAEL CARTOLANO Printed Name PRESIDENT Title ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of RbM3U SOUTH CAROLINA County of _yORK_ On this the 16THday of MARCH 201�L__, before me, the undersigned Notary Public of the State of Florida, personally appeared JEFF MATTHEWS, TOM THOMPSON & MICHAEL CARTOLANO and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. I19M_L'Y1111111 all y4L4] SEAL OF OFFICE: NO RY PU IC, STATE OF SOUTH My JENNIFER CAULDER �:;z,,•, (Name of Notary Public: Print, Stamp, or Type as Commissioned) ® Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ® DID take an oath, or ❑ DID NOT take an oath CAROL SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. 07-16B to the City of Tamarac for AERIAL FIREWORKS DISPLAY FOR JULY 4TH CELEBRATION) 2. This sworn statement is submitted by MELROSESOUTH PYROTECHNICS, TNC. (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) 57--0986890 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is MICHAEL CARTOLANO (Print name of individual signing) My relationship to the entity named above is PRESIDENT 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the 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" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 3. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a_ A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. 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 controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "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.) 0 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 convicted 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 IS FILED. I 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, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. / _ I ,y 3/16/07 (Signature) (Date) ACKNOWLEDGMENT State of ft= SOUTH CAROLINA County of YORK On this the 16TH day of MARCH 2O07, before me, the undersigned Notary Public of the State of Florida, personally appeared MICHAEL CARTOLANO and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. N A RYY PU LIC, STATE OFF soUTH NOTARY PUBLIC CAROL INA SEAL OF OFFICE: JENNIFER CAULDER'dis"IAuii^C� (Name of Notary Public: Print, Stamp, or Type as Commissioned) ® Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ® DID take an oath, or ❑ DID NOT take an oath ACORD,M CERTIFICATE OF LIABILITY INSURANCE 3DATE /16/zoo7/16/2007YY) PRODUCER Phorie: 440-248-4711 Fax: 440-248 r13406 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6240 SOM Center Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Cleveland OH 44139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED .... -- -._._.._. INSURER A, Lexington Ins Co Melrose Pyrotechnics, Inc. INSURER B:Granite State Insurance Co. -- - ..... 46 2 Catawba River, Road INSURERc Arch Specialty Insurance Co Catawba SC 29704 ... INSURERD: Florida JUA INSURER E. COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR N R POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 6990166 1/15/2007 1/15/2008 EACHOCCURRENCE $ 1, 100,000 X COMMERCIAL GENERAL LIABILITY PREMISE$ (Ea oocurence1 ---- -- . 50 , 000 .__$ — MED EXP (Any one person) — J CLAIMS MADE [XI OCCUR $ PER5ONAL&ADVINJURY $ 1, 000,000 GENERAL AGGREGATE $ 2, 000,000 —_-- _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000, 000 X POLICY PRO• LOC Fj AUTOMOBILE LIABILITY CA62659314 1/15/2007 1/15/2008 COMBINED SINGLE LIMIT $ 1 000, 000 X ANY AU'i0 Ea accident ( ) , _ ALI OWNF.DAUTOS BODILYINJURY SCHEDULEDAUTOS (Per parson) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHAN .EAACC $ --_ $ AUTO ONLY: AGG C EXCESSIUMBRELLALIABILITY ULP0005662. 1/15/2007 1/15/2008 EACH OCCURRENCE $ 4, 000,000 X OCCUR r I CLAIMS MADE $ 4,000,000. AGGREGATE $ DEDUCTIBt,E - ---... $ X RETENTION $ 10, 000 D WORKERS COMPENSATION AND 4176B337 7/2/2006 7/2/2007 WCSTATU- OTH- X-,- TORYLIMIT,$, ..,....._ER EMPLOYERS' LIABILITY E�-1.E FiACCIPEN7 $ 1,000,000 ANY PROPRIETOWPARTNER/EXECUTIVE ............._.... _....._..—._._....----._...._......._ -- _ OFFICER/MEMBER EXCLUDED? E.L. DISEASE • EA EMPLOYEE ._..... $ 1 , 0 00,000 If yes, describe Under SPECIAL, PROVISIONS below ....... ....-._ __ $ 1 , 0 0 0 , 0 0 0 - E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS FIPEWORKS DISPLAY DATE: ADDITIONAL T,NSURED: I-.CK I Ir"I I C 11ULUCK laMl•IrCLLM I IVI\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER SAMPLE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE SAMPLE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SAMPLE NC_" 1.1111 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) W Ak Ul %,%JMrvr%M 1 IVI\ I.7oo ATF F 5400.1415400.15, Part 1 (8/89) State of Florida Department of State 1 certify from the records of this office that MELROSE SOUTH PYROTECHNICS, INC. is a corporation organized under the laws of South Carolina, authorized to transact business in the State of Florida, qual-ified on June 28, 1994. The document number of this corporation is F94000003409. I further certify that said corporation has paid all fees due this office through December 31, 2006, that its most recent annual report was tiled on January 31, 2006, and its status is active. I further certify that said corporation has not filed a. Certificate of Withdrawal. Given under nq hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Fourth d(t)? of January, 2007 r Secretary of State Authentication ID 000086149350-012407-F941100003409 `1'o authenticate this certificate.) isit the follov in.g site, eater this ID- tmd then folloW the instructions displayed. www.sunbiz.or-g/aUth.htrnl SOUTH PYROTECHNICS, INC.. 46"'2 CA`IAWBA RIVER RUAU, POS-1 OFFICE BOX 20s? CATAWBA, SC 29704 T 803 769 5733 800.771 797f3 r: 800 77F, 797C, Proposing Entity: Melrose South Pyrotechnics, Inc. Name of Project: City of Tamarac Date of Proposal: July 41", 2007 Contact Person:. Jeff Matthews, Event Producer Contact Address: 4652 Catawba River Road P.O. Box 209 Catawba, South Carolina 29704 Contact Telephone (800) 771-7976 Contact Facsimile: (800) 775-7976 Contact e-mail Address: _jeflL' melrosepyro.corn i\AELF,'OSE PYROTECHNICS, INC, .. ... ..... Company Profile a 0 w e It w 6 LIP smiles Company Profile Melrose Pyrotechnics has nine sales and distribution facilities from which to service our valued customers. Each facility is capable of producing the highest quality fireworks entertainment available. All facilities and personnel are armed with state of the art technology and the highest quality pyrotechnic products. They are also equipped with a first priority attitude toward safety and an excellent insurance package included in each proposal we prepare. Our representatives spend countless hours on the road visiting potential display sites to insure that the customer's site is safe and to insure that the representative makes the most of the location when designing your proposal: We have described the many different types cif fireworks show options we can offer to you in the technical information section. From high school pep rallies to national events, each affair is an important part of our business and a challenge to do the best we can for your organization within your budget. Your Melrose representative will be happy to provide contact information for any of the references listed here or provide a list of references from events similar to yours and local to your area. Our customers. -have always been our. best form of advertisement. The best and the brightest Fireworks Special Effects Services Our skilled technicians create exciting displays utilizing our extensive inventory of' both aerial shells and special effect pr'6ducts. ` Our aerial shell variety is unecivalled, featuring our trademarked power;'ball shells and the best of the best from manufacturers' around the world. Low-level effects can,he used to greatly enhance our'traditional displays. Multi -shot iterns'can fill the sky for up to 60 seconds with color, light and sound. Precision candle fronts can::be used: to show off our beautiful lute of Spanish candles. `These devices create'a synchronized 1.performance of brilliant color and special effects. r 'This program is a combination of.a traditional manually fired show accented with special segments fired electronically. Opening Barrages, flights of special shells, and Mid -Show Barrages can. be. better controlled through the use of electronic firing. r Electronically fired displays greatly enhance the presentation. Your display can be completely pre -designed in houseallowing us to,make the most of each product. Everything can be precisely tined. Series of effects can be, used to accentuate the beauty of :the individual fireworks. If your budget allows, electronically fired displays will make your event shine" even brighter. .V... Our most high tech.Qp`tion for truly unforgettable fireworks entertainmcnt'. We provide custom soundtracks produced in our digital :studios Fiore there, our show designers create a fusion of pyrotechnic effects and music., You can give us a theme for the show or let our creative department produce something special for your event. You can a]so'create your own soundtrack for us to work with, We can help,cc ordinate with local radio stations"or sound companies.. to help with the logistics of putting on a multi -media event. Services Continued If your event site does not have the space required for an aerial fireworks display, another exciting opiion'is a close proximity production. This type 6` servic,e `'? somewhere between biIg 1ir'ew64rks and cs indoor pyrotechniIt can big used as a stand-alone show utilizing Comets and Candle barrages, Mines Multi' Shot devices and in some cases,.small aerial shells This type of display can also be computer designed and choreographed to music ,to enhance the performance: ° These tj%pes of products are -also widely used to enhance other production elements such as - earn player and player introductions at sporting events, opening & closing cereniony barrages, or the singing of the National Anthenn, to name a few. Client List Special Events.. Splorts. Trinidad / Tobago l(,.i1, a }`:rclV,;;`i Atlanta, GA North Carolina State Fair t.<ai:arl,. ac: Alipor'arr Curve P}(a;(,r:,SIC Altoona, PA, Gwinnett Glows (aA, K orii-iapoli Ir tir7rrcJ : tc�r Kannapolis NC Pensacola Sertomas Cho rk )t# ` Kni.giil,+ North Carolina Fourth of July Charleston,'Sc. Freedom Weekend Aloft C i"11Cg.go Bec--.7rs ' /lad is s5c,rd .;t: Chicago, 11- City of Tampa July Fourth. Ver!'� f3('C�t'ii ��)t:,)Ci�lef—,i ;e:dr Vero Bestch, FL. . e July Fourth City of Coat vill Dunedin PA ..Blue .Ic:ays Dunedin FL;: Leesburg Parks & Recreation }i.i� its �lic..<_;tc.;tr5 Lt�:<�.,i��(m, VA Huntsville,, AL. Nextel Cup Racing hdrlcafieo}Jc:Qt's Viixl(i{ (: r;v dir:, Charlotte, NC. Indy Racing League North C:arolir,a S1ole 1.ir;i\arrQ:ily Raleigh, NCB. Craftsman Truck Series iNtik,k } (,,Gtr.,ivr,ril Wake Forest, Nc: Herndon Music Festivals 'home; GA. Singapore Fireworks Festival o „ of,our:ClientQ Stone .IV ountai Stone Mountain, Our Product Factories I a m 0 61 4a w t 0 Ob �o 6 * * 10 4 ,,,j s �-) n d i s p I a y An Ping Manufactured to our own exacting standards, these shells are designed to Im produce an unusually large volume of effect for their caliber. These shells come in a variety ofunique ccilors and effects as well as multiple break and canister style. Known around- the world as a prpdiicer of graceful Kamuro shells (large gold or C A 6 A `. `.,E, R Phoenix Brand A specialty shell producer focused, on crowd pleasing products that seem as though they are never going to fade. Brilliantly hued, strobing star shells and heavy metal gold and silver willow shells are just a few of this manufacturers special creations. graceful shells. No Text City of Tamarac Type of Proposal: Flectron.ical ly .Fired Prepared For: City offamarac Program Length: 25Minutes Type of Pyrotechnic Effects: 3" through 6" Aerial Shells This Proposal Includes: Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Worker's Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Proposal Cost: $20,000.00 An Ping rim Phocn7.Jx Kraai C A 8 A L L E R Opening Barrage VUILCA'JV 100 - 3 " Red, Silver & Blue Comets 100 - 3 "Titanium Salutes 10 — 4 Pattern Shells .10 — 4 Dahlia Shells 10 — 4 " Star Shells 5-51., Red Dahlias wl Red Tails 5 - 5 " Silver Strobe Willows w/ Silver Tails 5 - 5" Blue Dahlias wl Blue Tails 5 - 6 " Gold Brocade Kamuro wl Gold Tails 5 — 6 " Assorted Peony Shells Main Program. 3 " assorted aerial shuh,,`, .Red; Lemon; .Kamuro; Green Comets; Rainbow Comets; 2-Break White 50 P''Ww bald Spangle & Purple; 2-Break Blue Rays & Blue Crackling; 2-Break Kamuro .� w/ .Kam.uro; Lemon Comets; 2-Break Green Rays & White Spangle Green & Purple Peony; Crackling Willow Flower w/ Tail; Yellow Peony; Gold SO ® Flitter; Blue to Crackling; Green Peony; Blue Peony; Red Palm w/ Red 'Tail; 50 Green Strobe Willow & Silver Fish w/ Tail; Silver Peony Red Ring; Brocade Crown; Silver Tiger Tail; Green Comet w/ White Peony; 50 Crackling Comet w/ Report; White Ring; Purple Comet w/ Yellow Peony; Blue �. Tiger Tail; Red Comet w/ Report; Blue Ring Purple Peony to. Crackling Stars; .Red Ring w/ Crackling Pistil; White Wave Ring w/ Colorful Chrysanthemum; Green Bees; Blue Ring w/ Brocade Center; 50 Green. Peony to Crackling Stars; White Bees An Ping r Red & Blue Peony w/ Red Tail; Green & Purple Peony w/ Green `fail; Golden SO Wave to Purple .Chrysanth.emurns w/ Green Tails; Glittering Silver to Green Chrysanthemum w/ Green Tail; Red Coconuts w/ Red Tails Phoenix. Brand Mine Yellow Serpentine w/ Report; Mine Green; Mine Multicolor; Mine O Titanium Serpentine w/ Screamer; Mine Blue; Mine White; Mine. Red S ..., Serpentine w/ Report & Whistle; Mine Red C A B A L L E R SO Diamond Screamer & Red Stars; Midnight Snow; Golden Whirl & Blue Stars; qi Twilight Glitter to Blue; Diamond Screamer & Yellow Stars Main Program 4 " assorted aerial c;he�,",r`s Multi -Color w/ White Fail; Orange & Crackling w/ Piocha Tail; Kamuro & Green Rays w/ Piocha Tail; White Flitter & Pink w/ Piocha Tail; Lemon Cornets w/ 'White SO Tail; Aqua Comets w/ White ";fail; Kamuro w/ Kamuro Tail; Yellow Serpentine w/ LO PAW ��* Reports; Whirls Titanium w/ Report & .Purple; Screamers & Fuchsia —� Blue Chrysanthemum. w/ Silver Palm Pistil; Bow -tie Green Strobe; White Dahlia; SO Variegated Stained Class; Red to Silver Diamond; Silver Strobe Willow; Red to Blue ...� Crackling 'bail Peony; Red. to Silver Diamond. Brocade Crown w/ Strobe Pistil w/ Gold Tail; Silver Crown. w/ Strobe Pistil w/ SO Silver `fail; Yellow,to Purple Peony; Red &Crackling Stars; (fold ....� Chrysanthemum w/ Green Pistil; Blue to White Peony; Color Chrysanthemum Red Peony w/ Blue Pistil w/ Gold Tail; Glittering Silver to Blue w/ Red Pistil w/ �Silver Tail; (:green Coconut w/ Gold Tail; Red Wave w/ Silver Tail; Blue to Silver ._—O PhiDtmx Vtrand Peony with Silver Tail; Glittering Silver to Green w/ Yellow Pistil w/ Silver Tail . Red Palm w/ Red Tail; Blue Palm w/ .Blue Tail; Silver Palm w/ Silver Tail;. SO _== Green Palm w/ Greeri']'ail;:Gold Palm Tree w/ Cold Tail -- An Ping Silver Spangler & Red; 5 Color Chrysanthemum w/ Silver Tail; Silver Double ,�� Ring; Red Double Ring; Blue to Silver Peony w/ Silver Tail; Red Wave w/ Silver5O- Tail; Green Coconut w/ Gold Tail; Red Peony w/ Blue Pistil w/ Gold Tail SO Brocade; Grasshopper Green & Gold Glitter; Tourbillion w/ Report; Cardinal ,, Purple & Twilight Glitter Main .Program S " assorted aerial �— Red to Silver Crackling Spider; Gold Bowtie w/ Green Dahlia Ring; l�ish w/ Silver 25 ® Tail; Yellow Dahlia w/ Yellow Tail; Silver Strobe Willow w/ Silver Tail; Gold Brocade 0 Kamuro w/ Tail; Thousand Red Chrysanthemum Silver Crown; Red Bees; Blue Bees; Silver Bees; Red Five Point Star w/ Silver Wave 25 Ring; Purple Peony; Red to Yellow to Purple Peony; Blue Chrysanthemum.; Yellow ® Chrysanthemum; Glittering Silver to Purple Chrysanthemum Yellow .Peony w/ Red Pistil & Silver I ail; .5 Color Chrysanthemum w. / Silver Tail; 25 Red Peony w/ Blue Pistil & Silver Tail, Sunflower w/ Rising Jets; Brocade Crown �.... to. Green w/ Gold Tail; Poinsettia; Color Changing Saturn Green Wave Ring; .Thunder w/ Purple Ring; Triple Ring Pattern; Atomic Sigh Pattern; 25 �� �r 1 Red Heart Pattern w/ Silver Ring; Silver Snail .Pattern.; Sunflower Pattern; Green Flashing; Saturn 'Shell Pattern Mine Gold Willow to Variegated w/ Report; Mine. Rainbow w/ Reports; Mine 25 Whistles -w/Reports; Mine Screamers w/ Reports C A B A L L E Ft Sapphire Blue to Brocade; Ruby Red to Brocade; Cardinal Purple w/ Silver Crossette 25 Orchid; Yellow Crossette; Red to Green Crossette; Twilight Glitter to Sapphire Blue �� w/ Ruby Red. Pistil Main .Program 6 " assorted aerial s�F+�c I-1,,'.,-, ale. Red Gamboge to Silver Strobe w/ Silver Tail; Gold Glitter Crossette; Blue ZO � Crossette; Gun Fighting; Silver Crossette w/ Crossette Mine; Variegated to Strobe Willow; Green to Diamond Rain; Silver Crackling Spider w/ Crackling .Pistil Red lantern Parachute; Silver Whirl Flower; Strobe to Report w/ .Red Ring; White Lantern Parachute; Blue Peony w/ Palm Tree .Pistil; Red to Silver Crown; 20 Green Chrysanthemum; Red to Yellow to Blue to Green Peony;Purple Peony Y. Green to Silver to Purple; Color Changing Saturn; Thousand Bloonnirig Flower; 20 i '`�� Brocade Crown to Purple w/ Gold Tail; Kamuro to White Tips; 5 Color �. Chrysanthemum w/ Silver Tail; Kamuro w/ Thousand Blooming Flower ZU Cluster of Stars; Red Splendid Flower; Gold Willow w/ Silver Glitter; Red Crackling Willow; Blue Crackling Willow An Ping Green to Brocade w/ Blue Flower; Silver Kamuro w/ Purple Flower; 20 Val cam► Brocade Green to Brocade & Red Flowers Silver Twinkling Willow; Red Strobing Chrysanthemum; Yellow Strobing Willow; Golden w/ Gold Trunk; Blue Willow w% Silver Core & Rising Tail; Green. Strobing 20 Willow w/ Green Strobing Tail; Purple Willow w/ Red Strobing Tail; Silver Waterfall w/ 'fail Mid Show Barrage Segments 0�77, CABAL LLR Scene A 30 - 3" Silkey Silver Chrysanthemum Shells 6 - 5" Silver Glittering Crossette Shells 3 - 6" Silver CracklingSpider w/ Crackling Pistil Scene B 30 - 3 Brocade Crown Shells 6 - 5 " Melrose Powerball Kamuro w/ Kamuro Tail Shells 3 - 6 " Gold Brocade Waterfall Shells Scene C 30 - 3 " Melrose Powerball Red w/ Reports & Red Tail Shells 6 - 5 " Red ` Dahlia Shells 3 - 6" Crossette Red Palm Shells Grand Finale An Ping 75 - 3 " Shimmering Colored Dahlia Shells 75 - 3 " Sparkling Variegated Peony Shells 75 - 3 " Brilliant .Multi -Colored Chrysanthemum Shells 50 - 3" Brocade Crown Chrysanthemum Shells 25 - 3 " Variegated. Palm Tree Shells with Tails 40 - 3 " Silver Titanium Salutes w/.Rising Silver Tails 30 - 3 Salutes 30 - 3 ".Salutes w/ Silver Splatter 5 - 5 Red Willow Shells w/ Red Tails 5 - 5 " Silver Coconut Shells w/ Silver Tails 5 5 " Kamuro to Green Ray Shells w/ Piocha Tails 5 - 5 " Brocade Crown Kamuro w/ Strobing Pistils & , Gold Tails 5 - 5 " Red Palm Tree Shells w/ Red Tails Grand Finale Continued... -71 ): w An Ping 5 - 5 " Sunflower Pattern w/ Gold chi Blue Bursts 5 - 5 " Red to Silver Crackling Spider. Shells w/ Crackling Tails 5 - 6 " Green Flashing Shells 5 6 " Crossette Red Palm Tree Shells 5 - 6 ". Gold Brocade Waterfall Shells 3 - 6" Red & Blue Dahlia Shells w/Reports Finale Time: a minute 45 seconds n y AGREEMENT BETWEEN THE CITY OF TAMARAC AND MELROSE SOUTH PYROTECHNICS, INC. THIS AGREEMENT is made and entered into this ij:� day of April , 200 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 Melrose South Pyrotechnics, Inc., a South Carolina corporation, duly registered as a Florida Foreign Corporation with principal offices located at 4652 Catawba River Road, Catawba, South Carolina 29704 (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. 07-16B, "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 dated March 20, 2007, 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 07-16B, "Aerial Fireworks Display", as issued by the City, and the Contractor's Proposal, Bid Document 07-16B, "Aerial Fireworks Display" 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, and equipment necessary to provide an aerial fireworks display with synchronized music for the City of Tamarac's July 4t" Celebration as per the terms and conditions outlined in Bid 07-16B "Aerial Fireworks Display". b) Contractor shall clean up and remove all debris and material created by the work at the contractor's expense. 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 w y 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. 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 display for the City's July 4tn 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 is not to exceed Twenty -thousand Dollars and no cents ($20,000.00) per year. The Contract sum is determined by the cost of labor and materials for the job also known as Bid 07-16B "Aerial Fireworks Display". ;;('✓ ��r i '.rJX.% ;Jsh'., n ! �1r;'1,., f.l r ✓,�.�,?? G�„", (.. is i.:.?9„ 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. i q 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: Am 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 Melrose South Pyrotechnics, Inc. 4652 Catawba River Road Catawba, SC 29704 Attn: Michael Cartolano, President 800-771-7926 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 07-16B, "Aerial Fireworks Display", 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) 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. 17) 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. 18) 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 ~4 y. ,F r provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) 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. 20) 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 { �I 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 President duly authorized to execute same. CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor �.r"ii ATTEST: ffrey V Wer, City Manager -Marion Swenson, CM C Date -City Clerk _U cl 7iAftorney ed as to form and legal sufficiency: Date - — �=dl_0 7 Date ATTEST: MELROSE SOUTH PYROTECHNICS, INC. Company Name Signature of Corporate Secretary Signature of President Rose Cartolano Michael Cartolano Type/Print Name of Corporate Secy Type/Print Name of President (CORPORATE SEAL) Date CORPORATE ACKNOWLEDGEMENT STATE OF sours. cARoLINA :SS COUNTY OF YORK 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 Michael Cartolano, President, of Melrose South Pyrotechnics, Inc. a South Carolina 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. i-- WITNESS my hand and official seal thiday of J %� � , 200 7 Si ature of Notary Public State of Florida at Large JENNIFER V CAULDER P,;3mm" On pi Print, Type or Stamp + F r2.4, sI F Name of Notary Public ® Personally known to me or ❑ Produced Identification Type of I.D. Produced ® DID take an oath, or ❑ DID NOT take an oath. ACORQ. CERTIFICATE OF LIABILITY INSURANCE 3DATE MMIDD /30/200�) PRODUCER Phone: 440-248-4711 Fax: 440-248-5406 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton -Gallagher and Associates, Inc. 6240 SOM Center Rd. Cleveland OH 44139 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Lexington Ins Ca Melrose Pyrotechnics, Inc. INSURERB:Granite State Insurance Co. 4652 Catawba River Road Catawba SC 29704 wsURERc:Arch Specialty Insurance Cc INSURERO: Florida JUA INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' ...__._—.._...._ _._..._.._..— LTR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 6990166 1/15/2007 1/15/2008 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE IX...IOCCUR PREMISES Ea occurence $ 5 0 , 0 0 0 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1, 000,000 GENERALAGGREGATE $ 2,000,000 G_ EN'LAGGREG_ATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2, 000,000 POLICY X PRO LOC B AUTOMOBILE X LIABILITY ANYAUTO CA62659314 1/15/2007 1/15/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) ALL OW NED AUTOS SCHEDULEDAUTOS $ BODILY INJURY (Peraccident) X X HIREDAUTOS NON-OWNEDAUTOS $ PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC ANY AUTO $ $ AUTOONLY: AGG C EXCESS/UMBRELLA LIABILITY ULP0005662 1/15/2007 1/15/2008 EACH OCCURRENCE $ 4,000,000 AGGREGATE_ $ 4,000,000 X OCCUR CLAIMS MADE $ _ DEDUCTIBLE $ X RETENTION $ 10 , 0 0 0 D WORKERS COMPENSATION AND 4176B337 7/2/2006 7/2/2007 X r c LIMIT ER' E.L. EACH ACCIDENT $ 1 r 0 0 0, O O O EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? - $ 1, 000, 000 E.L. DISEASE -EA_EMPLOYEE If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1, 0 0 0 r 0 0 0 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS FIREWORKS DISPLAY DATE: JULY 4, 2007 ADDITIONAL INSURED: 1)CITY OF TAMARAC "THE CERTIFICATE HOLDER IS NAMED AS ADDITIONALLY INSURED WITH REGARD TO GENERAL LIABILITY" HOLDER TAMARAC CITY OF 7525 NW 88TH AVENUE TAMARAC FL 33321 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ©ACORD CORPORATION 1988