2013-28114 Resolution RESOLUTION NO. 2013-28114
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER PURSUANT TO REQUEST FOR PROPOSALS
(RFP) NO. 68-111129 FOR ELECTRIC FIREWORKS AND PYROTECNICS
FOR THE CITY'S FOURTH OF JULY CELEBRATION; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SOLE
PROPOSER ZAMBELLI FIREWORKS; FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, on September 12, 2012, the Mayor and City Commission approved the
issuance of Request for Proposals (RFP) No. 68-11/12, for Electric Fireworks and
Pyrotechnics for the City's Fourth of July Celebration (RFP); and
WHEREAS, RFP No. 68-11/12 was issued on issued on September 26, 2012, with
an opening date of November 6, 2012; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on October 12, 2012; and
WHEREAS, BidNet issued bid notices to 11 prospective proposers and two (2)
proposers downloaded the bid notification. 12 additional proposers were notified via e-mail
after contacting the American Pyrotechnics Association with the intent of maximizing
competition and participation; and
WHEREAS, the City only received one (1) proposal from Zambelli Fireworks; and
WHEREAS, the Procurement Division reached out to the prospective proposers
whom received a copy of the RFP and elected not to submit a response to inquire about the
reasons why they did not submit a response; and
WHEREAS, on November 8, 2012, the City Manager via Letter to Commission (LTC)
No. 289-2012, appointed an Evaluation Committee (the "Committee") consisting of the
following individuals:
• Marlo Courtney, Ocean Drive Associations and Goldman Properties;
• Paul (Cork) Firedman, Waterfront Protection Committee Chairperson;
• Jorge Linares, Fire Captain, Fire Prevention;
• Jim Richmond, Middle Beach Alliance; and
• Graham Winick, Film and Event Production Manager
WHEREAS, committee member Jorge Linares could not attend and was replaced by
resident and Leadership Academy Graduate, Ray Breslin; and
WHEREAS the Committee convened on December 21, 2012 to receive a
presentation from the sole proposer; and
WHEREAS the Committee was provided with an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The
Committee was also provided with general information on the scope of services, and
Performance Evaluation Surveys. Additionally, the Committee engaged on a 15-minute
Question and Answer session; and
WHEREAS, the Committee discussed its individual perceptions of the proposer'
qualifications, experience, and competence, and further scored the proposer; and
WHEREAS, a motion was presented by Mario Cortney, seconded by Graham Winick,
and unanimously approved by all Committee members, to recommend entering into
negotiations with the sole proposer Zambelli Fireworks; and
WHEREAS, after considering the review and recommendation of City staff, the City
Manager exercised her due diligence and is recommending that the Mayor and the City
Commission accept her recommendation of entering into negotiations with the sole proposer,
Zambelli Fireworks; further authorizing the mayor and city clerk to execute an agreement
upon conclusion of successful negotiations by the administration.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to request for proposals (RFP) No. 68-11/12, for Electric Fireworks and Pyrotecnics
for the City's Fourth of July Celebration; authorizing the administration to enter into
negotiations with the sole proposer, Zambelli Fireworks; further authorizing the mayor and
city clerk to execute an agreement upon conclusion of successful negotiations by the
administration.
PASSED AND ADOPTED THIS ti DAY OF J(4410,rV 2013.
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pursuant To Request For Proposals (RFP) No. 68-11/12, For
Electric Fireworks And Pyrotecnics For The City's Fourth Of July Celebration;Authorizing The Administration
To Enter Into Negotiations With The Sole Proposer Zambelli Fireworks; Further Authorizing The Mayor And
City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration.
Key Intended Outcome Supported:
Maximize Miami Beach as a Brand Destination.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summa /Recommendation:
The purpose of this RFP was to establish a contract with a qualified provider of electric fireworks and
pyrotechnics for the City's Fourth of July Independence Day Celebration,as each year the City hosts a FREE
Fourth of July Celebration featuring fireworks for the community.
On September 12, 2012,the Mayor and City Commission approved the issuance of Request for Proposals
(RFP)No.68-11/12,for Electric Fireworks and Pyrotechnics for the City's Fourth of July Celebration (RFP).
RFP No. 68-11/12 was issued on September 26, 2012, with an opening date of November 6, 2012.A pre-
proposal conference to provide information to the proposers submitting a response was held on October 12,
2012.
BidNet issued bid notices to 11 prospective proposers, and two (2) proposers viewed the bid notification.
12 additional proposers were notified via e-mail after contacting the American Pyrotechnics Association
with the intent of maximizing competition and participation. However, the City only received one (1)
proposal from Zambelli Fireworks.
The Procurement Division reached out to the prospective proposers whom received a copy of the RFP
and elected not to submit a response to inquire about the reasons why they did not submit a response.
The memo includes responses received in this regard.
On November 8, 2012, the City Manager via Letter to Commission (LTC) No. 289-2012, appointed an
Evaluation Committee which convened on December 21,2012.Committee member Jorge Linares could not
attend and was replaced by resident and Leadership Academy Graduate, Ray Breslin.
After review of proposal received and the presentation with the sole proposer, a motion was presented by
Marlo Cortney, seconded by Graham Winick, and unanimously approved by all Committee members, to
recommend entering into negotiations with the sole proposer Zambelli Fireworks.
ADOPT THE RESOLUTION
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 $25,000 Account#011-9322-000353
2
OBPI Total
Financial Impact Summary: Future year expenditures will be based on approved budgeted amounts
City Clerk's Office Legislative Tracking:
Alex Denis
Sign-Offs:
Repartment Director Assistant City Manager City Man er
AD MS PDW
KGB
TAWGEND \2013\January 16\RFQ-68-11-12 Fireworks-Summary.doc
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MIAMIBEACH AGENDA ITEM )-
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: January 16, 2013
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 68-11/12,
FOR ELECTRIC FIREWORKS AND PYROTECNICS FOR THE CITY'S FOURTH
OF JULY CELEBRATION; AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE SOLE PROPOSER ZAMBELLI FIREWORKS;
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Maximize Miami Beach as a Brand Destination.
FUNDING
Funding in the amount of$25,000 is budgeted in account# 011-9322-000353
BACKGROUND
The purpose of this RFP was to establish a contract with a qualified provider of electric
fireworks and pyrotechnics for the City's Fourth of July Independence Day Celebration, as
each year the City hosts a FREE Fourth of July Celebration featuring fireworks for the
community.
SCOPE OF SERVICES
The fireworks display shall be in the City of Miami Beach on July 4, 2013 at a time and site to
be specified by the City. Traditionally, the fireworks display is held on the beach east of Ocean
Drive and 8th Street. However, location is subject to change annually.
The proposals for fireworks/pyrotechnic display must include the following:
Experience, Qualifications and Past Performance
Proposers shall demonstrate at least three (3) years of experience providing firework and
pyrotechnic displays on a beach dealing with environmental conditions such as rain, sand and
turtle nesting regulations. Bidders must provide the City with the names, addresses,
Commission Memorandum —RFP#68-11-12 Fireworks
January 16, 2013
Page 2
telephone numbers and electronic mail addresses of a least three (3) other firms or
government agencies for whom a similar type of work has been performed in the past twenty-
four (24) months.
Proposed Cost
Proposals shall include electric fireworks displays with budgets ranging from $25,000 up to
$75,000, increasing in $10,000 increments (i.e. $25,000, $35,000, $45,000, etc...).
Methodology, Approach and Quality of Show Design/Display
• A narrative description of each proposed fireworks display shall include the order in
which the shells are to be fired. The description shall maintain a show intensity of
shells shot every two (2) seconds, from multiple locations with no black sky (i.e. no
lapse of time between shells).
• Length of time of display.
• A breakdown of all shells to be used, by size and description and price.
• A detailed price breakdown of each shell with a total price for the entire display.
• All supplies and equipment necessary to perform the display as proposed.
• Transportation of equipment, supplies and personnel necessary to present the display
as proposed.
• All licensed and /or permitted personnel and labor, as required, needed to transport,
set up, shoot, tear down and cleanup the display as proposed.
• All licensed and/or permits required to transport, stage, and shoot display as proposed.
• Required insurance as detailed in the RFP.
TERMS OF THE AGREEMENT
The contract term will be for one (1) year, with two (2) one (1) year renewals, at the City's sole
discretion and subject to the availability of annual funding.
RFP PROCESS
On September 12, 2012, the Mayor and City Commission approved the issuance of Request
for Proposals (RFP) No. 68-11/12, for Electric Fireworks and Pyrotechnics for the City's Fourth
of July Celebration (RFP).
RFP No. 68-11/12 was issued on September 26, 2012, with an opening date of November 6,
2012. A pre-proposal conference to provide information to the proposers submitting a
response was held on October 12, 2012.
BidNet issued bid notices to 11 prospective proposers and two (2) proposers downloaded the
bid notification. 12 additional proposers were notified via e-mail after contacting the American
Pyrotechnics Association with the intent of maximizing competition and participation. However,
the City only received one (1) proposal from Zambelli Fireworks.
The Procurement Division reached out to the prospective proposers whom received a copy of
the RFP and elected not to submit a response to inquire about the reasons why they did not
submit a response. The following are the responses we received in this regard:
"Because we are very carefully selecting new July 4th business we won't be bidding on
the Miami Beach show this year. Should things change we will definitely stay in touch. We
Commission Memorandum — RFP#68-11-12 Fireworks
January 16, 2013
Page 3
have a few shows we are currently bidding on that are in the $35,000 to $50,000 range which
is what we are trying to do this coming year and for the future. We are trying to take some of
our smaller shows and combine crews on larger shows. Because electrical equipment is so
expensive we are trying to make the most of our July 4th business and maximize our shows
dollar value. It is important for us to maximize profits on the July 4th holiday. There is a point
when as a company doing 650 shows nationally on the 4th we have to begin maximizing the
July 4th shows and focus on off date business which is something we are doing because
taking on too many shows and relying on skeleton crews is not the way to run a business. We
would prefer to turn down your show than to risk under delivering because we stretched our
crew and equipment capabilities on that day. Thanks and stay in touch as things are always
changing."Chris Liberator, Pyrotecnico
"I really want to do your fireworks, would like you to keep this email and my phone
number. My Mom went into the hospital twice in the last month, I heard about your bid late
and did not have the time to finish. I want to work to be your company for next year and hope
we can be your second choice or backup if you need help this year.Thank you for your
excellent help and service" Bill Flett, Add Fire
"1 am writing in response to your request as to why Garden State Fireworks did not
elect to submit a bid for this event. Based on the intended budget of$25,000.00 we choose to
pass on possible consideration. Our production value and participation is at a significant level
above our competition. We ensure only the most highly trained individuals are allocated to
each display and we must carefully assess how we allocate that manpower each year on July
4th. Additionally, we use the most expensive hardware and software systems in the industry
to prepare the displays. This was purely an issue of best deciding how to allocate our
manpower and equipment in the most beneficial manner on July 4th. If the show were a
minimum of $40,000.00 budget on July 4th for an electrical display or on an off date where
equipment and manpower are at a surplus, we would have bid the display. Please keep us in
consideration for all future projects during the entire year. We appreciate the diligence of your
follow up and wish you the best for your event." August N. Santore, Jr., Garden State
Fireworks
"Thank you for the opportunity. Unfortunately, after assessing our expected workload
for July 4th we were not 100% confident we could commit a crew for your event. We always
want to be over confident that we are ready to deliver the most outstanding display possible
and at the time of the bid due date we did not feel we could commit to the event. We annually
perform displays in the Miami area including July 4th in the city of Doral and we are constantly
expanding our capacity in our Florida base and do hope to be considered for future
opportunities for your event. Please do keep us on the City's bid list as we look forward to
future opportunities. Thanks again." Chris Santore, Garden State Fireworks, Inc.
"Yes because I believe the bid process does not choose the best company for the
show for the people of its community the board is blindsided by professional bidders who know
how to play the game. I choose not to play the game and milk the people. I would not change
my design of a show so that i can win a bid you have a-budget and its my job to give you the
best show for your budget not to conform to how my show should be shot in order to win or
have it designed by a committee who wants to dictate what will be shot the bidding process
should be thrown away on fireworks and should first go to the local companies that can handle
it then seek other companies in other states." Steve, Sparktacular
Commission Memorandum —RFP#68-11-12 Fireworks
January 16, 2013
Page 4
"Thank you for the opportunity, but unfortunately we were unable to submit a response.
The major reason(s) are the overwhelming amount of requests for fireworks displays on your
chosen date, as even a company as large as ours, has certain limits to equipment and
manpower. Also, the requested budget "ranges"that are required by your RFP, while keeping
open the City's options of underwriting and sponsorship, hamper our ability to forecast
inventory, transport and scheduling. This is not to be taken as criticism, but with so many
established clients that have their event on July 4th, it is best that we do not submit a proposal.
We fully understand the desire to have your event on Independence Day. I would hope that
municipalities would consider other dates in the future, for some of the following reasons:
By choosing an alternate date (IE July 1,2,3 or weekends that fall before or after the actual
date),
1. ...companies such as ours, may have openings in our production schedules, and are apt to
be more aggressive in our bidding.
2. ...your event would not be in competition with similar local displays, and your attendance
potentially would be larger.
3. ...your ancillary costs (IE overtime for PD, FD, etc.) for hosting a major event, could be
dramatically reduced.
4. ...more of your potential attendees may not be "away on vacation" or have to work on July
5th, when it falls on a weekday.
Again, we sincerely thank you for considering Bay Fireworks. I trust that we may be able to
work together in the future but just not on Jul 4, 2013." Thank you, Si Rosen
9' � l Y Y 9►
Bayfireworks
"We serve the upper Midwest (Minnesota, Wisconsin and Iowa) as our primary region.
Off the 4th we do look for opportunities worldwide and enjoy producing large complex shows
with great success... but on the 4th, we stick close to home as the needs here are also strong.
Thank you for the invite, but we will pass on the 4th of July. If you need something a New
Years or other event off the 4th, do please let us know and we'll look to how we can help make
it huge for you."Ms. Mira LaCous, Hollywood Pyrotechnics, Inc.
On November 8, 2012, the City Manager via Letter to Commission (LTC) No. 289-2012,
appointed an Evaluation Committee (the "Committee") consisting of the following individuals:
• Marlo Courtney, cean Drive Associations and Goldman Properties
Y� P
• Paul (Cork) Firedman, Waterfront Protection Committee Chairperson
• Jorge Linares, Fire Captain, Fire Prevention
• Jim Richmond, Middle Beach Alliance
• Graham Winick, Film and Event Production Manager
Committee member Jorge Linares could not attend and was replaced by resident and
Leadership Academy Graduate, Ray Breslin.
The Committee convened on December 21, 2012 to receive a presentation from the sole
proposer. Additionally, the Committee was provided with an overview of the project,
information relative to the City's Cone of Silence Ordinance and the Government Sunshine
Law. The Committee was also provided with general information on the scope of services, and
Commission Memorandum — RFP #68-11-12 Fireworks
January 16, 2013
Page 5
Performance Evaluation Surveys. Additionally, the Committee engaged on a 15-minute
Question and Answer session.
The Committee was instructed to score and rank the sole proposal pursuant to the evaluation
criteria established in the RFP, which was as follows:
Evaluation Criteria/Factors: Weight
• Experience and Qualifications of the Proposer and
Past performance 30 pts
• Proposed Cost 30 pts
• Methodology, Approach and Quality of the
Show-design/display 40 pts
Additional points, over the aforementioned potential points were to be allocated, if applicable
and in accordance to following ordinances. Please note that no points were allocated.
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor
as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance.
The Committee discussed its individual perceptions of the proposer' qualifications, experience,
and competence, and further scored the proposer. A motion was presented by Mario Cortney,
seconded by Graham Winick, and unanimously approved by all Committee members, to
recommend entering into negotiations with the sole proposer Zambelli Fireworks.
i
PROPOSER'S PROFILE
Zambelli Fireworks is a professional and experienced pyrotechnics company with 120 year
history and a significant history of firing safe and exciting aerial fireworks displays. On July 4tn,
2012, the company fired over 61 fireworks display in Florida and more than 500 shows
throughout 37 states in the US Zambelli Fireworks will display 2,000 shows total in 2012.
The Florida Zambelli Team is located in Boca Raton and produces more than 250 displays
annually in Florida including more than 40 shows on barges, beaches and piers. The team
works closely with the US Coast Guard, FWC, DEP, and local authorities for full transparency
in permitting and safety. All technicians assigned to the Miami Beach display are Dade County
residents. The lead technician, Phil Beirne, is a local resident of the City of Miami Beach.
Please refer to Appendix "A" for proposal submitted by Zambelli Fireworks for the $25,000,
$35,000, $45,000, $55,000, $65,000, and $75,000, as requested by the City.
MANAGER'S DUE DILIGENCE
After considering the review and recommendation of City staff, the City Manager exercised her
due diligence and is recommending that the Mayor and the City Commission accept her
Commission Memorandum — RFP#68-11-12 Fireworks
January 16, 2013
Page 6
recommendation of entering into negotiations with the sole proposer, Zambelli Fireworks;
further authorizing the mayor and city clerk to execute an agreement upon conclusion of
successful negotiations by the administration.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to request for proposals (RFP) No. 68-11/12, for Electric Fireworks and
Pyrotecnics for the City's Fourth of July Celebration; authorizing the administration to enter
into negotiations with the sole proposer, Zambelli Fireworks; further authorizing the mayor and
city clerk to execute an agreement upon conclusion of successful negotiations by the
administration.
TAAGENDA\2013\January 16\RFP-68-11-12 Fireworks-Memo.doc
ambelli*
F I R E W O R K S
1
Appendix A— Shell Designs
Chrysanthemums
a _
Description: Typically a spherical break of colored stars that leave a trail or sparks
behind. May include pistils (center multi break stars) or other features such as multi-
colored, half and half, cracking, etc.
Red Chrys Red to Blue Chyrs.
Green Chrys Silver to Green Chyrs.
Yellow Chrys Gold Chrys. w/ Rising Tails
rY
Blooming Silvery Chrys Glitter Silver to Red Chrys
Blue Chrys White Twinkling Chrys.
Red, White and Blue Chrys Spangle Chrys. w/Rising Tails
Green to Purple Chrys Orange Chrys. w/Rising Tails
Varied Colorful Flowers Purple Chrys
Multi-Color Chrys Yellow Chrys
Golden Chrys w/Rising Tails Silver Chrys w/Rising Tails
Silver to Purple Chrys Silver to Green Chrys
Glittering Silver to Red Chrys Variegated Rainbow Chrys
Purple Chrys with White Pistil Green Chrys with Green Pistil
Red Chrys with White Pistil Silver and Gold Chrys
Gold Wave to Red/Blue Chrys Multi-Color Chrys to Popping Flowers
40
za 130111
I
F I R E W O R K S
1
Peonies
i
1
1
Description: Typically a spherical break of colored stars that leave no trail or sparks
' behind. May include pistils (center multi break stars) or other features such as multi-
colored, half and half, crackling, etc.
1
White Peony Blue Peony w/Blue Palm Tree.
1 Silver Wave to Purple Peony Multi-Colored Peony
Yellow Peony Green Peony w/Gold Palm Tree
Purple Peony w/Gold Palm Red to Blue Peony
Variegated Peony (rainbow) White Peony w/Blue Pistil
Red, White and Blue Peony Glittering Peony
Silver to Red Peony Silver to Blue Peony
' Orange Peony Half Green Half White Peony
Silver Wave to Blue Peony Silver Wave to Purple Peony
Red to Silver Peony Green to Purple Peony
' Golden Peony Blue Peony w/Titanium Reports
Red and Green Peony Blue to Silver Peony
Color Changing Peony Sparkling Peony w/Pistil
1 Popping Peony (Red) Popping Peony (White)
Half Blue Half Red Peony Half White Half Red Peony
Half Green Half White Peony Golden Waves to Purple Peony
Pink Peony Brilliant Orange Peony
Green to Silver to Blue Peony Red to White to Blue Peony
' 41
a belli
F I R E W O R K S
I ,
Crossettes
r
Description: A crossette is a unique shell that breaks into 6 or 8 arms. Then, after some
delay, those arms again break into multiple arms criss-crossing each other in a rid-like
Y 9 p 9 9
fashion throughout the sky. Larger caliber shells may even have a third break in all of
the arms.
' Blue Crossettes Green to Blue Crossettes
Red to Blue Crossettes Silver Crossettes
Variegated Rainbow Crossettes Purple and White Crossettes
' Crackling Crossettes Gold Crossettes w/Rising Tails
Red to Green Crossettes Green Crossette w/Green Tails
Green to Purple Crossettes Rainbow Crossettes w/Red Tails
' Red Crossette Palm Tree Blue Crossette Palm Tree
White Flitter Crossettes Silver Crossettes
42
Zambelli
IF I R E W O R K S
Duration/Lingering Effects (Willows, Brocades, Kamuros)
Description. A Long Duration/Lingering Effect is like a Chrysanthemum but burns slowly
to the ground leaving a trail of aerial spark dust. These shells are many times gold or
silver with various color tips, color changing, or have various colored centers. Zambelli
uses many long duration effects at the end of finales to create a sky of gold or silver.
Twilight Glitter w/Purple Twilight Glitter w/Red
' Brocade Crowns Long Duration Red Falling Leaves
Brocade Crown to Purple Brocade Crown to Red
Variegated Falling Leaves Purple Falling Leaves
Long Duration Kamuro Super Brocade Crowns
Pixie Dust Willows Ultra-Long Duration Gold Kamuro
White Poca Shells Gold Poca Shells
43
1
Zambelli*
F I R E W O R K S
Dahlias
r
Description: A Dahlia shell is like a peony but uses dramatically larger and fewer stars
to create brighter, wider trails of sparks through the air. They are typically very bold,
defined colors used to mix up the pace of a show. They many times are also used in
finales.
Assorted Color Dahlia Blue Dahlias w/Pistil
Green Dahlia w/Pistil Red Dahlia w/Pistil
Yellow Dahlia w/Pistil Red and Blue Dahlia
Pink Dahlia Silver Dahlia
Gold Strobe Dahlia Blue Strobe Dahlia
Red Strobe Dahlia Purple Strobe Dahlia
Variegated Dahlia White Dahlia w/Purple Tips
Purple and Red Dahlia White Dahlia w/Red Tips
44
Zambelli
F I R E W O R K S
Patterns
Description: Pattern shells come in a variety of shapes, sizes and depictions. Most
notable shapes are shells with stars in patterns of hearts, smiley faces, Saturn or other
planet blasts, 4-leaf clovers, wagon wheels, etc.
Red Palm Trees Blue Palm Trees
Red Hearts Triple Rings
Green to Purple Ring Saturn Blasts
Octopus Shells Meteor Rings
Saturn Rings Crackling Palm Trees
Smile Faces Triple Rings w/Scattering Stars
Green to Blue Crossing Rings Half White Half Purple Ring
White/Red Bowtie in Ring
45
Zambelli
F I R E W 0 R K S
Specialty Shells
t
Description: There's a variety of specialty, premium shells that include horsetail willows,
scattering stars, bees, falling leaves, Palm Trees and other unique designs and effects.
Silver Bees Blue Bees
Horsetails Aluminum King Shells
Large Silver Whirls (Serpents) Blue and Red Spiders
Trees of Many Colors Kaleidoscopes
Peacock Feathers Gold Sparkling Kamikazes
Thousands of Gold Waves Thousands of Red Waves
Peacock Tails Red, White, Blue Dragon Eggs
Silver and Purple Strobes Popping Flowers
Treasure Chests Red Shell of Shells
Green Magnesium to Fast Strobe Green Shell of Shells
Multi-Color Shell of Shells Tourbillion and Multi-Color
46
Zambelli
F I R E W 0 R K S
Specialty Noise
Description: Noise shells come in many different types. The most popular are crackling,
whistling or screamers, thousands of popping flowers, and the extremely loud titanium
salutes.
Cracking Delight Serpents with Reports
Diamond Screamer Whistles Large Silver Screaming Whirls
Crackling Double Rings White and Green Scattering
Crackling Coconut Trees Blue Crackling Spiders
Twice Crackling Rain Tourbillion w/Reports
Blue Crackling Flowers Green Crackling Flowers
Artillery Titanium Thundering Tourbillions
Gold Crackling Chrys Whistles and Stars
47
Zaligbelli
F I R E W OR K S
Barrage Cakes
Description: Barrage Cakes or Multi-shot devices are designed to significantly enhance
fireworks displays by adding hundreds of rapid-fire shots of various effects. They are
mainly used to create tableaus in tandem with aerial shells breaking around the multi-
shot devices. Zambelli has over 500 various devices in inventory to use in our displays.
Below are some examples of multi-shot boxes:
35 Shot White Flitter Comet Box 119 Shot Rapid Fired Gold Comets
35 Shot Red Crossette Fan Box 192 Shot Fast Pearl Zippers
35 Shot Thunder Tourbillion Fan Box 96 Shot Peacock Tails
35 Shot Dragon Eggs w/Tails 140 Shot Silver Rain
36 Shot Silver Fish with Tourbillion 80 Shot V-Shape Silver Coconuts
36 Shot Assorted Colorful Falling Leaves 80 Shot V-Shape Rainbow Chrys.
36 Shot Gold Twinkling Kamuro Box 200 Shot Whistling Comets
36 Shot Red and Blue Crossettes 70 Shot W-Shape Zippers
49 Shot Red and Silver Moons 408 Shot V Shape Rapid Fire Box
! 49 Shot Red Crackling Tails 408 Shot Zipper Rapid Fire Box
49 Shot Silver Crossettes 300 Shot Finale Comet Box
49 Shot Red and Green Crossettes 665 Shot Silver Barriers
100 Shot Hammer Boxes Angle Wipe Devices — (various angles)
100 Shot Brocade Crowns Zipper Curtain Devices
100 Shot Blue Crossettes with Tails Zipper Chase Devices
100 Shot Variegated Peonies Fan Chase Devices
48
Zambelli'o
F I R E W 0 R K S►
Section F— 25,000 proposal
SHELL DESQEUPTION QUAN= AVG.UNIT$ TOTAL$
BODY OF PROGRAM
THREE INCH SHELLS 300 $4.50 $1,350
FOUR INCH SHELLS 300 $8.55 $2,565
' FIVE INCH SHELLS 180 $12.60 $29268
' GRAND FINALE SHELLS
THREE INCH SHELLS 500 $5.50 $2,750
FOUR INCH SHELLS 90 $8.55 $770
' FIVE INCH SHELLS 60 $12.60 $756
TOTAL AERIAL SHELLS 1,460 $10,459
' MULTI-SHOT DEVICES 7,947 SHOTS(65 DEVICES) $91.00 $5,915
PRODUCT COST 9,407 SHELLS/SHOTS $1 6,374
DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $8,626
TOTAL COST 2�5 000_
DURATION•
BODY: DURATION 15 MINUTES SHELLS FIRED LESS THAN EVERY I SECOND FOR THE DURATION OF THE
SHOW
FINALE: DURATION IS 60 SECONDS
TOTAL SHOW DURATION= 16 MINUTES
17
Zambelll'*
F I R E W 0 R K S
Section F— $35,000 proposal
S-mu DESCRIPTION QUAIL= AVG.UNIT$ TOTAL$
BODY OF PROGRAM
THREE INCH SHELLS 360 $4.50 $1,620
FOUR INCH SHELLS 360 $8.55 $3,078
' FIVE INCH SHELLS 270 $12.60 $3,402
GRAND FINALE SHELLS
THREE INCH SHELLS 700 $4.50 $3,150
FOUR INCH SHELLS 120 $8.55 $1,026
FIVE INCH SHELLS 120 $12.60 $1,512
TOTAL AERIAL SHELLS 1,930 $13,788
MULTI-SHOT DEVICES 9,820 SHOTS(100 DEVICES) $91.00 $9,100
PRODUCT COST 11,750 SHELLS/SHOTS $22,888
DISPLAY RELATED EXP(PYROTECIINICIAN,INSURANCE,TRANSPORTATION,MISC.) 12,112
TOTAL COST 35 000
Duration:
' BODY: DURATION 17 MINUTES SHELLS FIRED LESS THAN EVERY 1 SECOND FOR THE DURATION OF THE
SHOW
FINALE: DURATION IS 70 SECONDS
TOTAL SHOW DURATION= 18 MINUTES
18
ambelli
F I R E W O R K S
Section F— Sl 45,000 proposal
SIE.L DESCRIPTION QUAN= AVG.UNIT$ TOTAL$
BODY OF PROGRAM
THREE INCH SHELLS 420 $4.50 $1,890
FOUR INCH SHELLS 420 $8.55 $3,591
FIVE INCH SHELLS 400 $12.60 $5,040
' GRAND FINALE SHELLS
THREE INCH SHELLS 800 $4.50 $3,600
FOUR INCH SHELLS 150 $8.55 $1,282
FIVE INCH SHELLS 150 $12.60 $1,890
TOTAL AERIAL SHELLS 2,340 $17,293
MULTI-SHOT DEVICES 11,945 SHOTS(130 DEVICES) $91.00 $11,830
PRODUCT COST 14,285 SHELLS/SHOTS $29,123
DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $15,877
TOTAL COST $45.000
Duration:
' BODY: DURATION 19 MINUTES SHELLS FIRED LESS THAN EVERY 1 SECOND FOR THE DURATION OF THE
SHOW
FINALE: DURATION IS 80 SECONDS
TOTAL SHOW DURATION=20 MINUTES
19
i
1
Zambelll'*
F I R E W O R K S
rSection F— 55,000 proposal
SH LL DESaUPTION QUANTITY AVG.UNIT$ TOTAL$
BODY OF PROGRAM
THREE INCH SHELLS 500 $4.50 $2,250
FOUR INCH SHELLS 470 $8.55 $4,018
FIVE INCH SHELLS 450 $12.60 $5,670
GRAND FINALE SHELLS
THREE INCH SHELLS 1,100 $4.50 $4,950
FOUR INCH SHELLS 200 $8.55 $11710
FIVE INCH SHELLS 200 $12.60 $2,520
TOTAL AERIAL SHELLS 2,920 $21018
MULTI-SHOT DEVICES 13,905 SHOTS(160 DEVICES) $91.00 $14,560
PRODUCT COST 16,825 SHELLS/SHOTS $35,678
DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $19,322
TOTAL COST 55 000
DURATION•
BODY: DURATION 21 MINUTES SHELLS FIRED LESS THAN EVERY ONE SECOND
FINALE: DURATION 90 SECONDS
TOTAL SHOW DURATION= 22-23 MINUTES
20
Zambelli
F I R E W O R KS
Section F— $65,000 Proposal
SHELL D>sQUPTIOIV QUANITrY AVM.L NU$ TOTAL.$
BODY OF PROGRAM
THREE INCH SHELLS 600 $4.50 $2,700
FOUR INCH SHELLS 560 $8.55 $4,788
FIVE INCH SHELLS 500 $12.60 $6,300
GRAND FINALE SHELLS
THREE INCH SHELLS 1200 $4.50 $5,400
FOUR INCH SHELLS 250 $8.55 $2,137
FIVE INCH SHELLS 200 $12.60 $2,520
TOTAL AERIAL SHELLS 3,310 $23,845
MULTI-SHOT DEVICES 15,890 SHOTS(205 DEVICES) $91.00 $18,655
PRODUCT COST 19,200 SHELLS/SHOTS $42,500
DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $22,SOO
TOTAL COST 65 000
DURATION:
BODY: DURATION 23 MINUTES
FINALE: DURATION 100 SECONDS
TOTAL SHOW DURATION=24 MINUTES AND 40 SECONDS
21
Zambelll'*
F I R E W O R K S
Section F— $75,000 Proposal
SHE.L.DESCI: PTION QUANTITY AVG.UNIT$ TOTAL$
BODY OF PROGRAM
THREE INCH SHELLS 700 $4.50 $3,150
FOUR INCH SHELLS 600 $8.55 $5,130
FIVE INCH SHELLS 600 $12.60 $7,560
GRAND FINALE SHELLS
THREE INCH SHELLS 1400 $4.50 $6,300
FOUR INCH SHELLS 300 $8.55 $2,565
FIVE INCH SHELLS 250 $12.60 $3,150
TOTAL AERIAL SHELLS 3,850 $27,885
MULTI-SHOT DEVICES 17,730 SHOTS(250 DEVICES) $91.00 $22,750
PRODUCT COST 21,580 SHELLS/SHOTS $50,635
DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $24,365
TOTAL COST 75 OOH
DURATION'
BODY: DURATION 23 MINUTES
FINALE: DURATION 120 SECONDS
TOTAL SHOW DURATION=25 MINUTES
22
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
ZAMBELLI FIREWORKS MANUFACTURING CO.
TO PROVIDE
ELECTRIC FIREWORKS AND PYROTECHNICS FOR THE CITY OF MIAMI BEACH
FOURTH OF JULY EVENT, PURSUANT TO REQUEST FOR PROPOSALS NO. 68-11/12
This Agreement ("Agreement") is entered into this 2Y day of A P 2 , 2013
(Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and ZAMBELLI
FIREWORKS MANUFACTURING CO. a Florida corporation, whose address is 1 West
Camino Real Boulevard, Suite 100, Boca Raton, Florida 33432 (Contractor).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any exhibits
and amendments thereto.
City Manager: The Chief Administrative Officer of the City.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Display Area: Traditionally, is held on the beach east of Ocean Drive and 8th Street on
the sand.
Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for
Proposals No. 68-11/12for ELECTRIC FIREWORKS AND
PYROTECHNICS FOR THE CITY OF MIAMI BEACH FOURTH OF JULY
EVENT, together with all amendments thereto, issued by the City in
contemplation of this Agreement (the RFP), and the Contractor's proposal
in response thereto (Proposal), all of which are hereby incorporated and
made a part hereof; provided, however, that in the event of an express
conflict between the Proposal Documents and this Agreement, the
following order of precedent shall prevail: this Agreement; the RFP; and
the Proposal.
1
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number(305) 673-7023.
SECTION 2
SCOPE OF SERVICES (SERVICES)
Contractor shall be responsible for all labor, materials and equipment, means of transportation,
permits, and any and all other incidentals necessary to provide a fireworks and pyrotechnics
display for the City of Miami Beach's Fourth of July event (Contractor's fireworks and
pyrotechnics display may hereinafter also be referred to as the Event.
The Event for the initial term of the Agreement shall be held in the City of Miami Beach, on July
4, 2013, at a time and site to be specified by the City, through the City Manager or his
authorized designee. Traditionally, the Event is held on the beach, east of Ocean Drive and 8th
Street. The specific date(s) and site(s) for the Event in any subsequent renewal terms(s) shall
be determined by the City Manager, or his designee, at their sole discretion.
Contractor shall be solely responsible for applying for and obtaining all permits needed for the
Event. This will include local Miami Beach fire permits and US Coast Guard permits.
Contractor will file for any EPA or FAA notifications. Additionally, Contractor will attend all pre-
event meetings with the City and/or its sponsors to coordinate the Event.
Contractor shall be responsible for all costs and details related to transporting the fireworks
and any and all other related equipment to and from the specified Event display site. The
fireworks and related equipment will be stored at a secured facility. CDL Hazardous Materials
licensed drivers will be responsible for the transportation of shells to the site.
Event design will be based on the budget provided by the City and, at a minimum, include
costs per shell; duration of fireworks display; shell counts; and shell design of each level of
budget (as further specified in Exhibit "A", attached hereto).
Contractor's assigned technicians will have extensive prior experience with fireworks displays
on beaches/sandy areas. The show will be 100% fired electrically by a script written prior to the
display and subject to the prior written approval of the City Manager or his authorized
designee. All shells will be wired and loaded prior to the Event.
Contractor will have the fireworks display loaded and continuity checked a minimum of three
(3) hours prior to the Event start time. Once the shells are loaded, they will be fully covered
with plastic sheeting (removed before firing shells) to protect the shells from any rain or other
debris.
Contractor will be 100% responsible for all labor, materia Is,equipment, means of
transportation, permits, and any and all other incidentals needed for the Event. This includes,
without limitation, the electric igniters, all electrical firing equipment, lumber used for the
construction of the mortar racks, the fireworks for the display, etc.
2
If the City elects to have music choreographed to the fireworks display, Contractor shall
accommodate this request.
Post - Event , Contractor will remove all materials and equipment that same evening; provided,
however, that Contractor may return early the following morning to remove materials and
equiment, if the fireworks display budget exceeds $35,000. All clean-up in the immediate
fireworks display area will be the sole responsibility of Contractor.
Contractor's technicians will be allowed access to the Event site to begin construction of the
show on July 3rd, with prior written approval of the City Manager or his authorized designee.
The City will provide security overnight for the fireworks on site.
If, in his sole discretion, the City Manager, or his authorized designee, designates an area for
members of the public to view the fireworks display (hereinafter referred to as the "Spectator
Area"), or an area for vehicular parking (hereinafter referred to as the "Parking Area"), the City
shall responsible for reasonably ensuring (a) that the Spectator Area does not infringe on the
fireworks display; (b) that the terrain of the Spectator Area and any structures thereon,
including but not limited to grandstands and bleachers, are safe for use by spectators; and (c)
that the Parking Area is safe for use. The City shall be responsible for policing, monitoring,
and reasonably controlling spectator access to the Spectator Area and the Parking Area.
Contractor shall not be required to inspect any area other than the fireworks display area,
except to ensure that any Spectator or Parking Areas are outside the Display Area as defined
in Section 1.
Prior to, during, and immediately following the Event, the City shall monitor the Display Area,
and will be responsible for keeping all persons and property not authorized by Contractor out
of the Display Area and behind safety zone lines and limits.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, as referenced by the Effective Date on page 1 hereof, and shall have an initial
term of one (1) year, with two (2) one-year renewal options; each to be exercised at the City
Commission's sole option and discretion, by providing written notice of same to Contractor no
less than thirty (30) days prior to the expiration of the initial term (or the first renewal term, as
the case may be). Notwithstanding the preceding Term, and the fact that the City shall have
the sole discretion in determining the Event Date(s) and site (s) , the specific timeline for the
Event shall be mutually agreed upon by both City and Contractor no later than sixty (60) days
prior to the Event.
3
SECTION 4
FEE
4.1 COST OF SERVICES
4.1.1 As per the RFP, there are six (6) separate proposals ranging from $25,000 to $75,000, in
$10,000 increments, which are detailed in Exhibit "A" hereto. The City Manager, or his
authorized designee, shall, in his sole option and discretion, select the budget for the fireworks
and pyrotechnics display in a given year during the Term, and shall notify Contractor sixty (60)
days prior to the Event which budget is available for fireworks and pyrotechnics for the Event.
4.1.2 Cancellation/Rain Out Policy
The City agrees to pay a postponement fee of fifteen percent (15%) of the Fee as may be
agreed to in subsection 4.1.1, plus Additional Third Party Charges (as defined below), if the
fireworks and pyrotechnics are displayed on an alternate date, other than the one specified by
City. The alternate date must occur within six (6) months of the original Event Date at a time
agreeable to both Contractor and the City.
The City may also elect, through its City Manager or his authorized designee, to cancel the
Event. Such cancellation will only be effective upon receipt by Contractor of a written notice
from the City Manager or his authorized designee. In the event of cancellation, the parties
agree as follows:
• If City cancels the Event more than sixty-one (61) days prior to the Event Date, Client
agrees to pay Contractor a cancellation fee equal to ten percent (10%) of the Fee plus
Additional Third Party Charges, as defined below.
• If City cancels the Event from thirty-one (31) to sixty (60) days prior to the Event Date,
City agrees to pay Contractor a cancellation fee equal to fifteen percent (15%) of the
Fee plus Additional Third Party Charges, as defined below.
• If City cancels the Event from five (5) days to thirty (30) days prior to the Event Date,
City agrees to pay Contractor a cancellation fee equal to twenty percent (20%) of the
Fee plus Additional Third Party Charges, as defined below.
• If City cancels the Event less than five (5) days prior to the day of the Event, City agrees
to pay Contractor a cancellation fee equal to twenty-five percent (25%) of the Fee plus
Additional Third Party Charges, as defined below.
"Additional Third Party Charges" shall mean only those direct costs and expenses incurred by
Contractor and paid to third parties in connection with the Event, including but not limited to,
security fees, permits and licensing fees, barge and tow expenses, and fire watch fees.
4.2 INVOICING
Upon receipt of an acceptable and approved invoice by the City's Tourism and Cultural
Development Director, twenty-five percent (25%) of the agreed upon Fee will be paid to
Contractor at the time of notification of the budget amount, as described in subsection 4.1. The
4
agreed upon budget amount will also be the "Fee,"which is referred to and described in
subsection 4.1. The balance due of the payments shall be made within thirty (30) days for
Services satisfactorily rendered.
Invoices shall be mailed to:
City of Miami Beach
Tourism and Cultural Development Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Max Sklar, Director
SECTION 5
TERMINATION, SUSPENSION AND SANCTIONS
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates any of the
covenants, agreements, or stipulations material to this Agreement, the City shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its
option to terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of this Agreement, and shall grant Contractor three (3) days to cure
such default. If such default remains uncured after three (3) days, the City may
terminate this Agreement without further notice to Contractor. Upon termination, the
City shall be fully discharged from any and all liabilities, duties and terms arising out
of/or by virtue of this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Contractor. The
City, at its sole option and discretion, shall additionally be entitled to bring any and all
legal/equitable actions that it deems to be in its best interest in order to enforce the
City's right and remedies against the defaulting party. The City shall be entitled to
recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE,
TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING
WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL
BECOME EFFECTIVE FIFTEEN (15) DAYS FOLLOWING RECEIPT BY THE
CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IF THE AGREEMENT IS
TERMINATED BY THE CITY, AS PROVIDED IN THIS SUBSECTION, CONTRACTOR
5
SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED (AS
DETERMINED BY THE CITY'S CITY MANAGER IN HIS DISCRETION) UP TO THE
DATE OF TERMINATION.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the
benefit of creditors. In such event, the right and obligations for the parties shall be the
same as provided for in Section 5.2.
5.4 SANCTIONS
In the event of the Contractor's noncompliance with the nondiscrimination provisions of
this Agreement, the City shall impose such sanctions as the City or the State of Florida
may determine to be appropriate, including but not limited to, withholding of payments
to the Contractor under the Agreement until the Contractor complies and/or
cancellation, termination or suspension of the Services. In the event the City
terminates the Agreement pursuant to this Subsection the rights and obligations of the
parties shall be the same as provided in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees agents, and contractors, from and against any and all actions, claims, liabilities,
losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal,
economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity,
which may arise or be alleged to have arisen from the negligent acts, errors, omissions or
other wrongful conduct of the Contractor, its officers, employees, agents, contractors, or any
other person or entity acting under Contractor's control, in connection with, related to, or as a
result of the Contractor's performance of the Services pursuant to this Agreement. To that
extent, the Contractor shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall
pay all costs and attorneys' fees expended by the City in the defense of such claims and
losses, including appeals. The parties agree that one percent (1%) of the total compensation to
Contractor for performance of the Services under this Agreement (i.e. the Fee) is the specific
consideration from the City to the Contractor for the Contractor's Indemnity Agreement. This
indemnification shall survive termination or expiration of this Agreement.
6
6.2 INSURANCE REQUIREMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of$2,000,000.
2. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles
included
3. Excess/Umbrella Coverage - $9,000,000 per occurrence
4. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+"
as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Contractor specimen copies of the
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates
for its sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities
and obligations under this Section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until
all insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Contractor and the City expressly waive any
rights either party may have to a trial by jury of any civil litigation related to or arising out of this
Agreement. Contractor shall specifically bind its officers, employees, agents, and contractors
to the provisions of this Section.
7
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the sum of
$10,000. Contractor hereby expresses its willingness to enter into this Agreement with
Contractor's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be
a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9 [INTENTIONALLY DELETED]
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
[legal] holidays), and as often as the City Manger may, in his reasonable discretion and
judgment, deem necessary, there shall be made available to the City (and/or such
representatives as the City Manager may deem to act on the City's behalf) to audit, examine,
and/ or inspect, all contracts, invoices, materials, payrolls, records of personnel, conditions of
employment, and any and all other documents and/or records relating to all matters covered
by this Agreement. Contractor shall maintain any and all such records at its place of
business (at the address set forth in the "Notices" section of this Agreement).
10.2 ACCESS TO RECORDS
[INTENTIONALLY DELETETD]
8
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Contractor shall not sub-consult, assign, or transfer any work under this Agreement without
the prior written consent of the City Manager, which consent, if given at all, shall be in the
Manager's sole judgment and discretion. Neither this Agreement, nor any term nor provision
hereof or right hereunder, shall be assignable unless as approved pursuant to this section,
and any attempt to make such assignment (unless approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, religion,
ancestry, sex, age, and national origin, place of birth, marital status, sexual orientation,
gender identity, or physical handicap.
10.6 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly, which could conflict in any manner or degree with the performance of the
Services. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. No
member of or delegate to the Congress of the United States shall be admitted to any share
or part of this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Contractor and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
9
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONTRACTOR: Zambelli Fireworks Manufacturing Co.
1 W. Camino Real Boulevard
Suite 100
Boca Raton, FL 33432
Attn: Mason Meyer, Regional Manager
(561) 395-0955
TO CITY: City of Miami Beach
Tourism and Cultural Development
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Max Sklar, Director
(305) 673-7577
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice would
otherwise be sent, unless other delivery instruction as specifically provided for by the party
entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
ENTIRE AGREEMENT, AMENDEMENT, SEVERABILITY
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
10
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
..............
By: -
ty Clerk INCORP ORATED: a r
�cH26 10
FOR CONTRACTOR: ZAMBELLI FIREWORKS MANUFACTURING CO.
ATTEST:
By:
Print Name Print Name /title
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
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EXHIBIT A
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Zan bellio
ISection F— $25,000 Proposal
SHELL DESC REMON QUANTITY Ava UNIT$ TOTAL$
1 < _
LBODY OF PROGRAM
THREE INCH SHELLS 300 $4.50 $1,350
FOUR INCH SHELLS 300 $8.55 $2,565
FIVE INCH SHELLS 180 $12.60 $2,268
GRAND FINALE SHELLS
I THREE INCH SHELLS 500 $5.50 $2,750
FOUR INCH SHELLS 90 $8.55 $770
FIVE INCH SHELLS 60 $12.60 $756
TOTAL AERIAL SHELLS 1,460 $10,459
f MULTI-SHOT DEVICES 7,947 SHOTS(65 DEVICES) $91.00 $5,915
PRODUCT COST 9,407 SHELLS/SHOTS $16,374
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DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,?&SC.) $8,626
1. TOTAL COST 25 000
DURATION:
BODY: DURATION 15 MINUTES SHELLS FIRED LESS THAN EVERY 1 SECOND FOR THE DURATION OF THE
SHOW
FINALE: DURATION IS 60 SECONDS
I. TOTAL SHOW DURATION= 16 MINUTES
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Zambelll'*
F I R E W ® R K S
ISection F— $35,000 Proposal
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SHELL DESCRIPTION QUAATTITY AVG.UNIT$ TOTAL$
IBODY OF PROGRAM
THREE INCH SHELLS 360 $4.50 $1,620
FOUR INCH SHELLS 360 $8.55 $3,078
IFIVE INCH SHELLS 270 $12.60 $3,402
GRAND FINALE SHELLS
THREE INCH SHELLS 700 $4.50 $3,150
FOUR INCH SHELLS 120 $8.55 $1,026
FIVE INCH SHELLS 120 $12.60 $1,512
TOTAL AERIAL SHELLS 1,930 $13,788
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MULTI-SHOT DEVICES 9,820 SHOTS(100 DEVICES) $91.00 $9,100
PRODUCT COST 11,750 SHELLS/SHOTS $22,888
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DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $12,112
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TOTAL COST 3� 5 000
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IDuration:
BODY: DURATION 17 MINUTES SHELLS FIRED LESS THAN EVERY l SECOND FOR THE DURATION OF THE
SHOW
FINALE: DURATION IS 70 SECONDS
TOTAL SHOW DURATION= 18 MINUTES
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Za bellio
F I R E W ® R K S
fSection F— $45,000 Proposal
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SIMU DESQUviToN QUANTITY AVG.UNIT$ TOTAL$
I.... BODY OF PROGRAM
THREE INCH SHELLS 420 $4.50 $1,890
FOUR INCH SHELLS 420 $8.55 $3,591
1 � FIVE INCH SHELLS 400 $12.60 $5,040
GRAND FINALE SHELLS
THREE INCH SHELLS 800 $4.50 .$3,600
FOUR INCH SHELLS 150 $8.55 $1,282
f ,. FIVE INCH SHELLS 150 $12.60 $1,890
TOTAL AERIAL SHELLS 2,340 $17,293
MULTI-SHOT DEVICES 11,945 SHOTS(130 DEVICES) $91.00 $11,830
PRODUCT COST 14,285 SHELLS/SHOTS $29,123
f1;
DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $15,877
fTOTAL COST 45 000
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Duration:
BODY: DURATION 19 MINUTES SHELLS FIRED LESS THAN EVERY 1 SECOND FOR THE DURATION OF THE
f. SHOW
FINALE: DURATION IS 80 SECONDS
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TOTAL SHOW DURATION=20 MINUTES
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Za bellio
F I R E W ® R K S
ISection F—$55,000 Proposal
SI->ELL 100 QUANTITY AVG UNIT$ TOTAL$
DascR>P
IBODY OF PROGRAM
THREE INCH SHELLS 500 $4.50 $2,250
FOUR INCH SHELLS 470 $8.55 $4,018
I ,. FIVE INCH SHELLS 450 $12.60 $5,670
GRAND FINALE SHELLS
THREE INCH SHELLS 1,100 $4.50 $4,950
FOUR INCH SHELLS 200 $8.55 $1,710
FIVE INCH SHELLS 200 $12.60 $2,520
TOTAL AERIAL SHELLS 2,920 $21,118
! MULTI-SHOT DEVICES 13,905 SHOTS(160 DEVICES) $91.00 $14,560
PRODUCT COST 16,825 SHELLS/SHOTS $35,678
DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $19,322
TOTAL COST M10-00
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fDURATION:
BODY: DURATION 21 MINUTES SHELLS FIRED LESS THAN EVERY ONE SECOND
FINALE: DURATION 90 SECONDS
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TOTAL SHOW DURATION= 22-23 miNuTES
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f Za belli"
F I R E W O R K S
fSection F—$65,000 Proposal
SHELL DESCRIPTION QUAN ITY AVQ UNIT$ TOTAL$
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IBODY OF PROGRAM
THREE INCH SHELLS 600 $4.50 $2,700
f FOUR INCH SHELLS 560 $8.55 $4,788
FIVE INCH SHELLS 500 $12.60 $6,300
fGRAND FINALE SHELLS
THREE INCH SHELLS 1200 $4.50 $5,400
f FOUR INCH SHELLS 250 $8.55 $2,137
FIVE INCH SHELLS 200 $12.60 $2,520
TOTAL AERIAL SHELLS 3,310 $23,845
fMULTI-SHOT DEVICES 15,890 SHOTS(205 DEVICES) $91.00 $18,655
PRODUCT COST 19,200 SHELLS/SHOTS $42,500
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DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $22,500
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TOTAL COST 65 000
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fDURATION:
1 BODY: DURATION 23 MINUTES
fFINALE: DURATION 100 SECONDS
TOTAL SHOW DURATION=24 MINUTES AND 40 SECONDS
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Za belll*
f FI REW ® R IG S
Section F- $75,000 Proposal
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SHM L DESCRIPTION QUAIlTITIY AVC.UNIT$ TOTAL$
BODY OF PROGRAM
THREE INCH SHELLS 700 $4.50 $3,150
FOUR INCH SHELLS 600 $8.55 $5,130
( FIVE INCH SHELLS 600 $12.60 $7,560
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GRAND FINALE SHELLS
THREE INCH SHELLS 1400 $4.50 $6,300
FOUR INCH SHELLS 300 $8.55 $2,565
f FIVE INCH SHELLS 250 $12.60 $3,150
TOTAL AERIAL SHELLS 3,850 $27,885
MULTI-SHOT DEVICES 17,730 SHOTS(250 DEVICES) $91.00 $22,750
PRODUCT COST 21,580 SHELLS/SHOTS $50,635
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DISPLAY RELATED EXP(PYROTECHNICIAN,INSURANCE,TRANSPORTATION,MISC.) $24,365
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TOTAL COST 7$ 5,000
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DURATION:
fBODY: DURATION 23 MINUTES
FINALE: DURATION 120 SECONDS
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TOTAL SHOW DURATION=25 MINUTES
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