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Home My Public Portal About2004-20 Approving Fireworks Display Contract with Fireworks by Grucci, IncRESOLUTION NO. 2004-20 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; APPROVING FIREWORKS DISPLAY CONTRACT BETWEEN FIREWORKS BY GRUCCI, INC., AND THE VILLAGE OF KEY BISCAYNE CONCERNING FIREWORKS DISPLAY FOR JULY 4TH, 2004; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Key Biscayne desires to utilize the professional services of Fireworks by Grucci, Inc. ("Grucci"), a recognized expert in the provision of fireworks displays, to conduct the Village's fireworks display for the July 4th, 2004 celebration; and WHEREAS, upon the advice of the Village Attorney, the Village Council finds that the proposed fireworks display services constitute professional services which are exempt from competitive bidding pursuant to Section 2-87(2) of the Village Code; and WHEREAS, the Village Council finds that, in any event, the short time period remaining from the present date until the July 4th, 2004 celebration makes it impracticable to apply the competitive bidding procedures of the Village Code, and that pursuant to Section 2-85 of the Village Code, the Village Council is authorized to waive the competitive bidding procedures of the Village Code upon such basis; and WHEREAS, the Village Council finds that the approval of the Professional Services Agreement between Grucci and the Village (the "Agreement") is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Competitive Bids Waived. That solely in the event that the services provided pursuant to the Agreement do not constitute professional services pursuant to the competitive bidding exemption provided by Section 2-87(2) of the Village Code, the Village Council hereby waives competitive bidding for this transaction as authorized by Section 2-85 of the Village Code. Section 3. Authorization. That the Village Manager is hereby authorized to execute the attached Agreement between Grucci and the Village for the provision of fireworks display services, in substantially the form attached hereto, once approved by the Village Attorney as to form and legal sufficiency. Section 4. Implementation. That the Village Manager is authorized to take all action necessary to implement the purposes of this resolution and the Agreement. Section 5. Effective Date. That this resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 27th day of April, 2004. 4-67 (d4A. 14 E,,,-, MAYOR ROBERT OLDAKOWSKI HITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIEN VILLAGE ATTORNEY F:/103.001/Resolution/Approving ' irewr kds display contract 4.1.04 2 a-c._abobws._waca_ V flag Coun t Robert Oldakowski Mayor Jorge E Mendia V Mayor Martha Fdez Leon Broucek Carol Diaz -Castro Mortimer Fried James L Peters Robert L Vernon VILLAGE OF KEY BISCAYNE DT April 20 2004 TO H. o ale Mayo FR RECOMMENDATION Fireworks Show Contract Members Manager It is recommended that the Village Council approve the contract with Fireworks by Grucci to provide the 2004 411I of July fireworks display BACKGROUND The Village terminated the previous fireworks display contract following last year s disrupted show The Village Attorneys have cancelled the Village s existing fireworks contract for non-performance as result of last year s show The Parks & Recreation Department met with the original fireworks selection committee The committee is comprised of Jim Brewster Ray Sullivan, Louie Archambeau, and Bill Durham It was the committee s unanimous recommendation that the Village enter into a one year agreement with Fireworks by Grucci The committee and the Village have an established working relationship with Cnucci The Fourth. of July fireworks show was ongmally performed by Grucci in 1993 Grucci successfully provided the Village with a pyro musical fireworks display for four (4) years without incident The Village and Grucci have begun discussing the planning process for this years display The fireworks will be paid from the Fourth of July Fireworks line item in the 2004 budget The cost of the fireworks will not exceed the $65 000 budget allocation.. 88 West McIntyre Street Key Biscayne Florida 33149 (305) 365 5506 Fax (305) 365-8914 MISSION STATEMENT 'FO PROVIDE A SAFE QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT L L. A.. 1 This agreement dated April 6 2004 consisting of two pages is for a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 en° 29 30 31 32 33 34 r� 35 36 37 38 7 Fireworks Display Contract Between Fireworks by Grucci Inc And One Grucci Lane Brookhaven NY 11719 Tel 631 286 0088 Fax 9036 Village of Key Biscayne 88 W Mclntyre Street Key Biscayne FL 33149 305 365 8947 361 1197 I AGREEMENT Whereas both Fireworks by Grucci herein referred to as Grucci and the Village of Key Biscayne herein referred to as Sponsor agree that Grucci shall pending receipt of all required permits signed contract and payment in full produce and display fireworks on the Barge off Key Biscayne Beach Front, Key Biscayne FL as follows Date July 4, 2004 Time of Display N/A Initial here Duration Class of Fireworks Total Fireworks (mmutes) Fireworks Display Contract Discount Contract 22 -- 24 World $75 000 00 $15,500 00 $59,500 00 IL SERVICE AGREEMENT • The Total Fireworks contract cost above is quoted fob Key Biscayne Florida for transportation of personnel equipment and fireworks In lieu of the discount the barge water rental costs shall be limited to and not exceed $8 500 00 paid by Fireworks by Grucci Any fee in excess of this amount will be invoiced to and paid by the sponsor III PAYMENT SCHEDULE Payment of the Total Fireworks Contract for $59 500 00 shall be paid by sponsor as follows a) A deposit of $29 750 00 is due and payable with the return of the signed Fireworks Display Contract on or before May 7 2004 b) The balance of $29 750 00 is due and payable via overnight mail on or before July 6 2004 c) A fee of $200 00 plus 1% interest will be charged to any unpaid balance not paid by the due date IV CREDITING The sponsor agrees to credit Grucci m all event programs invitations press release advertising or promotion copy that is within sponsor s authority *AMERICAS FIRST FAMILY OF FIREWORKS * Fireworks by Gram, Inc Office # (631) 286 0088 One Grucc; Lane Fax # (631) 286 9036 Brookhaven, NY 11719 E-mail. mfo®grncci.com paw Page 1 of 2 11 l 39 V RESCHEDULE DATE 40 If the fireworks need to be rescheduled for any reason Grucci will reserve July 5 2004 41 accordingly m consideration for a 10% fee of Grand total plus all out of pocket expenses 42 These costs shall be paid by the sponsor upon demand In any event the sponsor shall be 43 responsible for full contract price and those related costs as stated above However no 44 additional fees or cost shall be tharged to sponsor if -the rescheduling results from the fault of 45 Grucci 46 47 VI FIREWORK DISPLAY PERMIT AND FEES 48 Permit Application It is required that the Grucci is to file for all and secure at Grucci s cost 49 the necessary firework display permits with the governing fire department authorities 50 51 VIL GENERAL RRO\ISIONS 52 a) Once the contract is signed ,urn& the program is then cancelled by the sponsor for any 53 reason the fiill contract price of the program (100%) shall be due and payable 54 immediately This provision tall not apply if the}prograin is cancelled due to fault of 55 Grucci % 56 b) Grucci shall not be responsible for any weather or at iosphenc conditions that may 57 interfere with the peffarmancc or aesthetic quality of the fireworks 58 c) This agreement constitutes tie entire Agreemenf between the parties relating to the 59 subject matter hereof and may not be changed modified renewed, or extended except by 60 a written agreement, signed. by the party against whom enforcement of change 61 modification, renewal or exteiision is sought 62 d) Fireworks by Grucci agreesz to procure liability insurance and to issue a certificate of 63 insurance in the form I atta+ d hereto' evidencing such insurance and covering the 64 persons and entities named theorem as addifional insureds many claims arising out of 65 the negligence -of Fireworks brGinicci, Inc 66 e) This agreement shall be intemroted in accordance with, and the rights of the parties 67 hereto sl)atl be determined by e laws of the State of Florida 68 f) Any and all disputes c ontroTb lies, actions claims, or proceedings arising under out of 69 in connection, or relapnig } lie to oof this contract, and, amendment thereof 70 commenced by between r r t ,ate parties to this contract shall be commenced 71 mid maintained solely ins th uits�`� State %Rda and by the signing of this 72 contract all parties hereby ,� tot tliv a � � c jurisdiction 73 74 To validate this contract, it must be signed and returned with the required 75 deposit to Grucci on or before May 7, 2004 76 77 78 79 Jacqueline R. Menendez Date Donna Grucci Butler Date 80 81 Congratulations, you have just purchased the finest f reworks available m the world *AMERICAS FIRST FAMILY OF FIREWORKS * Fireworks by Grucci, Inc Office # (631) 286 0088 One Grucci Lane Fax # (631) 286 9036 Brookhaven, NY 11719 E mail info@grucci. corn Page 2 of 2 Conchita Alvarez From Todd Hofferberth Sent Tuesday April 27 2004 12 52 PM To Conchae Alvarez Subject FW Key Biscayne s Star Spangled Beach Blast - Original Message -- From David M Wolpin [mailto DWolpin@wsh law coml Sent Thursday April 22 2004 5 23 PM To Todd Hofferberth Cc Stephen J Helfman Subject RE Key Biscayne s Star Spangled Beach Blast The phrase in lieu of the discount is intended to mean in light of the discount and should be revised prior to execution as we discussed Original Message - From Todd Hofferberth [mailto thofferberthvkb@earthlink net] Sent Tuesday April 20 2004 9 54 AM To David M Wolpin Subject FW Key Biscayne s Star Spangled Beach Blast Please let me know if I can include this contract on the agenda From yasmin [mailto yfernandez@grucci com] Sent Tuesday April 20 2004 8 34 AM To philb Cc Todd Hofferberth brewstersenior@yahoo com Subject RE Key Biscayne s Star Spangled Beach Blast Original Message Attached please find the Key Biscayne s Fireworks Display Contract as per your request Thank You Yasmin Fernandez Administrative Assistant yfernandez@grucci com -Original Message - From philb Sent Tuesday April 20 2004 9 19 AM To yasmin Cc Todd Hofferberth brewstersenior@yahoo com Subject Key Biscayne s Star Spangled Beach Blast Yasmin please e mail the contract as requested -Original Message From Todd Hofferberth [mailto thofferberthvkb@earthlink net] Sent Tuesday April 20 2004 8 24 AM To philb Subject RE KB July 4th Extravanganza' Can you e mail me the newest contract for the clerk Do you have a final price on the barge'? Original Message -- From philb [mailto pbutler@grucci com] Sent Monday April 19 2004 5 36 PM To James Brewster 1