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HomeMy Public PortalAbout2012-13 Approving agreement with Grucci, Inc for the 4th of July FireworksRESOLUTION NO. 2012-13 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT WITH GRUCCI, INC FOR THE ORGANIZING, PRODUCING, MANAGING, STAGING AND PROVIDING OF THE VILLAGE'S JULY 4TH FIREWORKS DISPLAY; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Village Manager, in accordance with Section 2-82 of the Village Code of Ordinances, recently sought proposals for professional services for organizing, producing, managing, staging and providing the Village's July 4th Fireworks Display (the "Fireworks Display"); and WHEREAS, Grucci Inc. (the "Grucci") responded to the Village's request for proposals and submitted a proposal for the Fireworks Display (the "Proposal"); and WHEREAS, after review and consideration of the Proposal, the Village Council desires to enter into an agreement with Grucci consistent with the Proposal for the Fireworks Display; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted, confirmed and incorporated herein. Section 2. Agreement Approved. The Village Council hereby approves the agreement, attached hereto as Exhibit "A," with Grucci for the Fireworks Display. Section 3. Village Manager Authorized. The Village Manager is hereby authorized to execute the agreement, attached hereto as Exhibit "A," with Grucci for the Fireworks Display, subject to the approval of the Village Attorney as to form and legal sufficiency. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 10th day of April , 2012. AT )2:/,b," ITA H. ALVAREZ, MMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE 2 VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES FIREWORKS DISPLAY 117, THIS AGREEMENT (this "Agreement"), is made and entered into as of this 10 day of April, 2012 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and FIREWORKS BY GRUCCI, INC., a New York corporation authorized to do business in Florida ("GRUCCI"). RECITALS: The VILLAGE desires to engage GRUCCI to perform certain professional services consisting of organizing, producing, managing, staging and providing the July 4th Fireworks Display (the "Fireworks Display") for the VILLAGE's 2012 July 4th celebration, as more particularly described herein and in that certain Request for Proposals ("RFP") issued by the VILLAGE, dated November 15, 2011, a copy of which is attached hereto and incorporated herein by this reference as Schedule "1" to this Agreement. GRUCCI desires to provide the Fireworks Display in accordance with the specifications set forth in Section 3.2 of the RFP (the "Scope of Services") for and on behalf of the VILLAGE. In consideration of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. GRUCCI agrees to provide the Fireworks Display in accordance with the terms, specifications and conditions of both the RFP and this Agreement for the July 4, 2012 Fireworks Display which shall include a minimum twenty-eight (28) minute synchronized pyrotechnical and music fireworks performance to be launched from a marine barge in the approximate location C•\Documents and Settings\dgrucctbutler.MA1N.000\Local Setttngs\Temporary Internet Files\Content outlook\TFRUIM3J\Key Biscayne Fireworks Display Agreement V4.doc depicted in Attachment "A" to the RFP with the quantity and quality of shells and other types of fireworks as described in the RFP. B. GRUCCI shall utilize its special skills, and shall expend all necessary efforts to competently and professionally complete all tasks of the Fireworks Display, so that the Fireworks Display is successfully, timely and safely provided. GRUCCI shall provide all necessary materials, equipment, personnel and services for the Fireworks Display including, but not limited to, all fireworks technicians, fireworks, music as well as a barge to serve as the Fireworks Display platform and all necessary barge towing and related marine services (the "Tug and Barge Services"). In addition, GRUCCI shall be responsible for obtaining any and all necessary governmental permits and approvals in connection with its providing of the Fireworks Display and providing the Tug and Barge Services. The VILLAGE shall cooperate with GRUCCI, at GRUCCI's expense, in obtaining all necessary governmental permits and approvals for the Fireworks Display. Any VILLAGE permit fees shall be waived. GRUCCI promises and agrees that all set up and staging for the Fireworks Display shall be completed no later than 5:00 p.m. of the day of the Fireworks Display. GRUCCI agrees to have the barge, serving as the fireworks platform, relocated out of the Miami River no later than 7:00 p.m. the day prior to the Fireworks Display. However, it is expressly understood by the VILLAGE that GRUCCI shall not be liable for any unforeseen blockages to the barge and tug's navigation, US Coast Guard and/or governmental interference or inclement weather that would prevent the barge from being relocated no later than 7:00 p.m. the day prior to the Fireworks Display. It is further expressly understood and agreed that GRUCCI shall promptly commence the Fireworks Display at 9:00 P.M. on the day of performance. -2- 2. FEES FOR SERVICES A. As full compensation for satisfactory performance of the Scope of Services, GRUCCI agrees to charge and shall be paid by the VILLAGE the following fee (the "Contract Price"): Date of Fireworks Display Total Fireworks Display Contract Price July 4, 2012 $105,290.00 B. Payment for the July 4, 2012 Fireworks Display shall be paid by the VILLAGE, as follows: (i) A fifty (50%) percent deposit of the Contract Price shall be due and payable on or before April 15, 2012; and (ii) An additional twenty five (25%) partial payment of the applicable Contact Price shall be due and payable on or before June 1, 2012; and (ii) The remaining balance of the Contract Price shall be due and payable on or before July 5, 2012. C. GRUCCI has included a charge of $28,500 in the Contract Price for Tug and Barge Service costs. GRUCCI represents that in the event that the total Tug and Barge Service costs to be paid by GRUCCI are less than $28,500, the VILLAGE shall be entitled to receive a refund of any such savings. However, in no event shall the VILLAGE be liable for any excess Tug and Barge Service costs which are incurred by GRUCCI over and above the aforesaid $28,500.00. 3. TERM A. The term of this Agreement shall commence upon the Effective Date and shall expire on July 25, 2012, unless extended by the parties or earlier terminated in accordance with the terms of this Agreement. B. The VILLAGE, by written notice to GRUCCI, given on or before the anniversary of the Effective Date for the years 2013, 2014 and 2015 (each, an "Option Year") may elect to extend -3- the term of this Agreement and require GRUCCI to perform a Fireworks Display upon the same terms and conditions as set forth herein for each such Option Year, with the applicable dates provided under this Agreement to be adjusted accordingly in order to correspond to the applicable Option Year. The total Fireworks Display Contract Price for each of the Option Years shall be as follows: Date of Fireworks Display Total Fireworks Display Contract Price July 4, 2013 July 4, 2014 July 4, 2015 $109,500.00 $113,880.00 $118,435.00 4. RECORDS All Firework Display program plans that result from GRUCCI providing the Specified Services shall be the property of the VILLAGE for use by the VILLAGE for its 4th of July celebration. Upon termination of this Agreement or upon request by the VILLAGE during the term of this Agreement, any and all such plans shall be delivered to the VILLAGE by GRUCCI. 5. INSURANCE A. GRUCCI shall carry at all times all insurance coverages in the minimum amounts and types of insurance as specified in Section 2.11 of the RFP including comprehensive general liability and contractual liability insurance; workers' compensation; automotive liability insurance; any insurance required by the U.S. Longshoreman's and Harbor Workers Act; and the Jones Act. The dollar amount of workers' compensation coverage (if applicable) and for any insurance required by the U.S. Longshoreman's and Harbor Workers Act and the Jones Act, shall be as provided by applicable law. All required liability insurance policies may have a deductible of up to Two Thousand Five Hundred ($2,500.00) Dollars per claim, unless prohibited by law. The VILLAGE shall be named as an additional insured on all of the above referenced insurance policies, to the -4- extent permitted by law. Each insurance policy shall state that it is not subject to cancellation or reduction in coverage without written notice to the VILLAGE at least 30 days prior to the effective date of cancellation or reduction of coverage. A Certificate of Insurance reflecting coverage in strict compliance with the RFP and this paragraph shall be provided by GRUCCI to the VILLAGE upon execution of this Agreement, for review and approval by VILLAGE's risk management consultant and shall be kept current by GRUCCI throughout the term of this Agreement. GRUCCI shall require all of its subcontractors, including Barge and Tow Service providers to maintain the pertinent policies and amounts of insurance specified in the RFP and herein, unless such insurance is directly maintained by GRUCCI for the purposes of covering GRUCCI and its subcontractors' activities and operations hereunder. B. GRUCCI shall indemnify and hold harmless the VILLAGE, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of GRUCCI and persons employed or utilized by GRUCCI in the performance of the Fireworks Display. This provision shall survive the expiration or termination of this Agreement. 6. ASSIGNMENT This Agreement shall not be assignable by GRUCCI or by the VILLAGE. 7. PROHIBITION AGAINST CONTINGENT FEES GRUCCI warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for GRUCCI, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for GRUCCI any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. -5- 8. TERMINATION A. GRUCCI Event of Default. Subject to the limitations found within this Agreement, failure by GRUCCI to fulfill any of its obligations in accordance with this Agreement shall constitute a "GRUCCI Event of Default". If a GRUCCI Event of Default should occur, VILLAGE shall have all of the following rights and remedies which it may exercise singly or in combination: (a) The right to declare that this Agreement together with all rights granted to GRUCCI hereunder terminated, effective upon such date as is designated by the VILLAGE; provided, however, that an Event of Default shall be defined to consist of a default that shall occur by the default in performance of any of the covenants and conditions required herein to be kept and performed by GRUCCI and such default continues for a period of fifteen (15) days after receipt of written notice from the VILLAGE of said default; provided that (1) if the nature of the default is such that it cannot be cured in a period of fifteen (15) days from the date of the default; and (2) GRUCCI shall commence good faith efforts to cure such default no later than fifteen (15) days after such notice; and (3) such efforts are prosecuted to completion, to the VILLAGE'S reasonable satisfaction, then it shall be deemed that no GRUCCI Event of Default shall have occurred under the provisions of this paragraph. (b) Subject to Article 8(C) of this Agreement, GRUCCI's failure to commence the Fireworks Display promptly at 9:00 p.m. on the Display Date shall be an uncurable GRUCCI Event of Default entitling VILLAGE to liquidated damages in the amount of $10,529. (c) Any and all rights provided under the laws of the State of Florida. -6- B. VILLAGE Event of Default. Subject to the limitations found within this Agreement, the failure by the VILLAGE to substantially fulfill any of its material obligations in accordance with this Agreement, shall constitute a "VILLAGE Event of Default". If a VILLAGE Event of Default should occur, GRUCCI shall have the following rights and remedies which it may exercise singly or in combination: (a) The right to declare that this Agreement together with all rights granted to the VILLAGE hereunder are terminated, effective upon such date as designated by GRUCCI; provided, however, that an Event of Default shall be defined to consist of a default that shall occur by the default in performance of any of the covenants and conditions required herein to be kept and performed by the VILLAGE and such default continues for a period of fifteen (15) days after receipt of written notice from GRUCCI of said default; provided that (1) if the nature of the default is such that it cannot be cured in a period of fifteen (15) days from the date of the default; and (2) the VILLAGE shall commence good faith efforts to cure such default, no later than fifteen (15) days after such notice; and (3) such efforts are diligently prosecuted to completion to GRUCCI's reasonable satisfaction, then it shall be deemed that no VILLAGE Event of Default shall have occurred under the provisions of this paragraph. (b) Any and all rights provided under the laws of the State of Florida. C. Force Majeure. Neither the VILLAGE or GRUCCI shall be in default or liable for any type of damages under this Agreement for any Force Majeure event. A Force Majeure Event is any such unforeseen act or event this is beyond the reasonable control of a party that prevents the VILLAGE or GRUCCI from performing and is not the fault of the VILLAGE or GRUCCI; and in -7- addition a Force Majeure Event is also defined as war, government intervention, un-navigable waterways, strikes, inclement weather, fire, explosions, civil disturbance, act of God or the public enemy, military action, terrorist act, unforeseeable or unpreventable lack of materials or equipment. 9. NONEXCLUSIVE AGREEMENT The services to be provided by GRUCCI pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE's sole and absolute discretion. 10. ENTIRE AGREEMENT The parties hereby agree that the RFP together with this Agreement constitute the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. The VILLAGE Manager shall act for the VILLAGE hereunder. 11. WARRANTIES OF GRUCCI GRUCCI hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Scope of Services for the VILLAGE as an independent contractor of the VILLAGE. 12. NOTICES All notices and communications to the VILLAGE or GRUCCI shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail (return receipt requested) or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: -8- VILLAGE: With a copy to: GRUCCI: John C. Gilbert Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Village Attorney c/o Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. 2525 Ponce De Leon Boulevard Suite 700 Miami, Florida 33134 Attention: Scott Cooper Fireworks by GRUCCI, Inc. One Grucci Lane Brookhaven, NY 11719 13. MISCELLANEOUS A. Crediting. The VILLAGE agrees to credit GRUCCI in the Fireworks Display event programs, invitations, press releases, advertising or promotion copy which is within VILLAGE's authority and control. B. Reschedule Date. If the applicable Fireworks Display needs to be rescheduled for inclement weather or any other cause which is beyond the reasonable control of either of the parties, GRUCCI shall, if requested by the VILLAGE Manager, reserve July 5, 2012 (and the July 5t" of each applicable Option Year) for such purpose in consideration for a supplemental fee ("Rescheduled Date Fee") in the amount of fifteen (15%) percent of the Contract Price specified above. The Rescheduled Date Fee shall be paid by the VILLAGE at the time that the rescheduled Fireworks Display is conducted. C. Music. The VILLAGE and GRUCCI agree that the music selection to be utilized for the Fireworks Display shall be finalized on or before May 21, 2012 (and the May 21st of each applicable Option Year). In the event that the parties fail to timely confer and finalize the -9- music selection, GRUCCI shall use a format consisting of well recognized American patriotic music. D. Barge and Tow Services. GRUCCI agrees to retain as subcontractors of GRUCCI, all Barge and Tug Service providers and to provide all necessary administration, management and oversight for said Barge and Tug Services, so as to accomplish the Fireworks Display in accordance with the terms of the RFP and this Agreement. GRUCCI agrees to have the barge, serving as the fireworks platform, relocated out of the Miami River no later than 7:00 p.m. the day prior to the Fireworks Display. However, it is expressly understood by the VILLAGE that GRUCCI shall not be liable for any unforeseen blockages to the barge and tugs navigation, US Coast Guard and/or governmental interference or inclement weather that would prevent the barge from being relocated no later than 7:00 p.m. the day prior to the Fireworks Display. The barge shall be anchored or held under tow as per U.S. Coast Guard regulations for the Fireworks Display. Further, a safety boat shall be provided by GRUCCI's independent contractor as part of the Barge and Tow Services for security of the marine safety zone in the vicinity of the barge. Prior to June 1, 2012 (and the June 1st of each applicable Option Year), GRUCCI shall provide to the VILLAGE Fire Chief a specific plan of operation concerning the utilization and deployment of the Barge and Tug Services, for review and approval by the Fire Chief. This shall not replace any applicable review by the U.S. Coast Guard or other governmental entities having jurisdiction. E. Weather Problems. The VILLAGE recognizes that GRUCCI shall not be responsible or in default for any weather or atmospheric conditions that may interfere with the Fireworks Display performance or with the aesthetic quality of the fireworks. F. Disruption of Show. In the event that the Fireworks Display is cancelled by the VILLAGE prior to commencing the applicable Fireworks Display or is terminated by the -10- VILLAGE or GRUCCI before completion due to weather conditions or to other unforeseen conditions, which are not within the reasonable control of the parties, which render it impossible or unsafe to complete the Fireworks Display, the VILLAGE shall upon request be entitled to a refund from GRUCCI in an amount which represents the fair market value of the unused fireworks. The refund shall be made within thirty (30) days of the VILLAGE's request. This subparagraph (F) shall not apply if the Fireworks Display is rescheduled by agreement of the parties. G. Conflict. In the event of any conflict between the terms of this Agreement and the RFP, the terms of this Agreement shall control. 14. GOVERNING LAW; LITIGATION This Agreement shall be construed in accordance with the laws of the State of Florida and any proceeding arising between the parties in any manner pertaining or related to this Agreement shall, to the extent permitted by law, be held in Miami -Dade County, Florida. Each party hereby knowingly, voluntarily and intentionally waives any right they may have to a trial by jury in respect of any litigation based upon this Agreement the RFP or arising out of, under or in connection with any other agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party. This provision is a material inducement for the parties entering into this Agreement. [Signature page follows] -11- IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. GRIJCCI: FIREWORKS BY GRUCCI, INC. One Grucci Lane Brookhaven, NY 11719 By: Donna Grucci Butler Title: President Attest: Cor"po ate Secreta (Affix.Seal) / -12- VILLAGE: VILLAGE OF KEY BISCAYNE 88 West McIntyre Street Key Biscayne, FL 33149 to Form and Le _ .. _.'h`::: ncy: SCHEDULE "1" REQUEST FOR PROPOSALS C Mocuments and Settings \dgruccibutler MAIN 000\Local Settings\Temporary Internet Files \Content.Outlook\TFRUIM3J\Key Biscayne Fireworks Display Agreement V4 doc ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 4/10/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Britton -Gallagher and Associates, Inc 6240 SOM Center Rd. Cleveland OH 44139 INSURED Fireworks By Grucci, Inc. and/or Pyrotechnique By Grucci, Inc and/or Philny Effects, Inc. One Grucci Lane Brookhaven NY 11719 CONTACT NAME• (A/C. PH ONE No. E,rtr.440-248-4711 E-MAIL ADDRESS: FAX No) 440-544-1234 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :New Hampshire Insurance Co INSURER B :Granite State Insurance Co INSURER c :NY State Fund - Melville INSURER D :Lexington Ins Co INSURER E : 23841 23809 19437 INSURER F : COVERAGES CERTIFICATE NUMBER: 570418176 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL X LIABIUTY COMMERCIAL GENERAL LIABILITY 1619937-04 2/17/2012 2/17/2013 EACH OCCURRENCE $1,000,000 DAMAGE (RENTED TO PREMISES (Ea occurrence) $50,000 CLAIMS -MADE )FiJ OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES JECT PER LOC PRODUCTS - COMP/OP AGG $2,000,000 $ B AUTOMOBILE X X - UABIUTY ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED AUTOS CA62659119 2/17/2012 2/17/2013 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ D X UMBRELLA LIAR EXCESS UAB X O OCCUR CLAIMS -MADE 013136655 2/17/2012 2/17/2013 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 DED X RETENTION$ 10, 000 $ C WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED9 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y IN ER N I A 2673978 11/29/2011 11/29/2012 X 1 WCSTITU- OTH- E L EACH ACCIDENT $Unlimited E L DISEASE - EA EMPLOYEE $Unlimited E L DISEASE - POLICY LIMIT $Unlimited DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Date: July 4, 2012; Rain Date: July 5, 2012 Location: Barge off Key Biscayne Beach Front, Key Biscayne, FL Additional Insured: The City of Key Biscayne; Key Biscayne Chamber of Commerce; The State of Florida; Dade County; Sonesta Hotel; Ocean Club; City of Miami; Miami Marine Stadium at Virginia Key. CERTIFICATE HOLDER CANCELLATION Village of Key Biscayne 88 West McIntyre Street Key Biscayne FL 33149 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 7 Consecutive Inaugurations Ronald W Reagan 1981 • 1985 George H W Bush 1989 Wlham J Ctnton 1993 • 1997 George W Bush, 2001 • 2005 Statue of Liberty Centennial Julv 4th 1988 Grand Opening of the Atlants & the Palm Jumeirah D,Ibar JAE Nojernber 20 2008 t0 I i I k R �, '(:‘:11 11)' 202 soliON E © Bank Amenca's Most Convenient Banle MGMOMIRAGE RESORT & CASINO FOXWGDDS Hit 15 INI'15I Of 11 All <A4 SARS PALA<E, Sheik Hazzas Wedding Abu Dhabi U A E Harbortest Oswego on the sake Shanghai China America's First Family of Fireworks April 18, 2012 Village of Key Biscayne Attention: John C. Gilbert Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 RE: Fireworks by Grucci Agreement Dear Mr. Gilbert, FIREWORKS BY Attached please find an executed copy of the Fireworks Performance Contract between Village of Key Biscayne and Fireworks by Grucci for the fireworks display scheduled for July 4, 2012. If you have any questions or require any additional information, please do not hesitate to contact us. We look forward to a spectacular event! Sincerely, Yasmin Piraino Administrative Assistant to the President — Donna Grucci-Butler Fireworks By Grucci, Inc. Tel: 631-286-0088 Ext: 27 ypiraino@grucci.com Closest You'll Ever Get to the Stars Fireworks by Grucci One Grucci Lane Brookhaven, New York 11719 website: www.grucci.com Email: pbutler@grucci.com 631-286-0088 Fax: 286-9036 800-227-0088