HomeMy Public PortalAbout2001-34 Agreement with Firepower Displays Unlimited, IncorporatedRESOLUTION NO. 2001-34
A RESOLUTION OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE AN AGREEMENT ON
BEHALF OF THE VILLAGE WITH FIREPOWER
DISPLAYS UNLIMITED, INCORPORATED,
PRINCETON, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council supports a Fourth of July fireworks display for residents
and visitors on Key Biscayne;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. The Village- Manager is hereby authorized to enter into a five (5) year
agreement on behalf of the Village with Firepower Displays Unlimited, Incorporated, Princeton,
Florida, in an amount not to exceed $54,000 for the July 4, 2002 fireworks display, and at the rates
set forth in the attached agreement for each subsequent annual Fourth of July fireworks display
conducted.
Section 2. This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 8th day of May , 2001.
MAYOR JOE I. RA CO
CONCHITA H. ALVAREZ, CMC, VILLAGE C !tit.
OR1
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICH J. WEISS, VILLAGE ATTORNEY
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR PROFESSIONAL SERVICES
FIREWORKS DISPLAY
THIS AGREEMENT, made and entered into this zti4 day of May, 2001, by and between
the Village of Key Biscayne (the "VILLAGE") and Firepower Displays Unlimited, Inc., (the
"CONTRACTOR").
RECITALS:
The VILLAGE wants to engage the CONTRACTOR to perform certain services as
described in accordance with paragraph 1, Scope of Services to this Agreement ("Specified
Services"). The CONTRACTOR wants to provide such Specified Services in connection with the
Village's 4th of July fireworks display.
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
1. SCOPE OF SERVICES
The CONTRACTOR agrees, as directed by the Village Manager, to perform the following
services as described in Exhibit "A". This Agreement includes the provisions stated in
Exhibit "A". In the event of any conflicts, this Agreement controls over Exhibit "A".
2. FEES FOR SERVICES
The CONTRACTOR agrees to charge the VILLAGE for Specified Services provided in
accordance with Exhibit "A" in an amount not to exceed $54,000 for the July 4, 2002
fireworks display, and at the rates set forth in Exhibit "A" for each subsequent annual July
4 fireworks display conducted.
3. TERM
The term of this Agreement commences on April 1, 2002, and ends on July 16, 2007, unless
sooner terminated pursuant to paragraph 10.
4. ASSIGNM1 NT
This Agreement shall not be assignable by the CONTRACTOR.
5. PROHIBITION AGAINST CONTINGENT FEES
The CONTRACTOR warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the CONTRACTOR, 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 the
CONTRACTOR any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
6. ENTIRE AGREEMENT
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the parties.
7 WARRANTIES OF CONTRACTOR
The CONTRACTOR 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 Specified Services.
The CONTRACTOR shall furnish proof that it has Worker's Compensation Insurance as
required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S.
Longshoremen's and Harbor Worker's Act and the Jones Act.
The CONTRACTOR shall also furnish proof that it has Contractual Liability Insurance and
Comprehensive General Liability Insurance, Automobile Liability Insurance covering all
owned, non -owned and hired vehicles used in connection with the Specified Services, each
in an amount no less than $2,000,000 single limit per occurrence for Bodily Injury and
Property Damage combined. Village shall be named as additional insured.
8. NOTICES
All notices and communications to the VILLAGE or CONTRACTOR shall be in writing and
shall be deemed to have been properly given if transmitted by registered or certified mail or
hand delivery. All notices and communications shall be effective upon receipt. Notices shall
be addressed as follows:
Village:
With a copy. to:
Contractor:
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Richard Jay Weiss, Esq.
Village Attorney
Weiss Serota Helfman Pastoriza & Guedes, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Firepower Displays Unlimited, Inc.
14240 S.W. 256 Street
Princeton, FL 33032
9. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the State of Florida.
Venue for any litigation hereunder shall be in Miami -Dade County, Florida.
10. TERMINATION
Although this Agreement provides for six (6) successive annual July 4th fireworks displays,
the Village may elect, at its sole discretion, to cancel any display or displays subsequent to
the July 4, 2002 display by providing 90 days advance written notice to CONTRACTOR.
In such event, no fee or cost shall be charged to Village. This provision is supported by
other covenants of this Agreement, and accordingly is not mutual.
11. ATTORNEYS FEES
In connection with any litigation arising out of this Agreement, upon prevailing, the
VILLAGE shall be entitled to recover reasonable attorneys fees and costs.
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.
CONTRACTOR: VILT AGE:
Firepower Displays Unlimited, Inc. Village of Key Biscayne
14240 S.W. 256 Str- - 85 West McIntyre Street
Princeton, FL 132 Key Biscayne, Florida 33149
By:
Title:
Attest:
A.01047"
PLOW
illage Clerk
ger, Village Manager
jaAvo
Approved As To Legal Form and Sufficiency:
By:
David M. Wolpin
Village Attorney
Authorized by Village Council Resolution No.: 0/a/ -3r , May, gl , 2001.
May 03 Ox 12:05p BNHC/FP 305-258-5580
p.2
FIREPOWER DISPLAYS
UNLIMITED, INC.
SPECTACULAR
CUSTOM FIREWORKS DISPLAYS & SPECIAL FX
Creatively Designed For Any Special Occasion
STRICTLY ELECTRONICALLY FIRED DISPLAYS
Sponsors
Term of Contract
Date of Display
Rain Date
Location
Time
Duration
Show Price
Deposit
Remarks
RENEWAL CONTRACT FOR
FIREWORKS DISPLAY
MEMBER
Village of Key Biscayne.
Starting 2002, ending 2007
July 4, 2002-2007
July 5, 2002-2007
Offshore on one or two barges between Sonesta Beach
Hotel and Beach Club
Approximately 9:00pm • .
Approximately 25 minutes
$54,000.00 for 2002; $ 57,000.00 for 2003, and $60,000.00
for 2004. Last two years minimum $ 60,000.00, price
negotiable. core uplevo,.d
$10,000.00 per show, but no more thanes deposit is
required at gni time.
We the undersigned, being interested in a fireworks display for Village of Key
Biscayne, agree to pay a price of $54,000.00 -$ 60,000.00 as described above for the
display agreed upon, which will be furnisheu by Firepower Displays Unlimited, Inc.
The undersigned, intending to be legally bound, agree as follows:
1. Contract term is for valid for a term starting April 2002 and continuing to July 16,
2007. All aapects of this contract will remain the same except as noted: Firepower
Displays will continually update the line of effects and display shells used for the
fireworks display.
2. Sponsor to make a deposit payment $10.000.00 upon signing of contract, but no
later than 45 days prior to display.
3. Sponsor to make payment in full upon completion of fireworks display.
4. In the event Sponsor shall fail to pay any sum when due under the terms of this
contract, Sponsor shall pay, in addition to such amount, interest at the rate of 1-1/2%
per month on the unpaid amount from the original due date. Sponsor does further
agree that it shall pay Firepower Displays' reasonable attorney fees and court costs
P.O. BOX 4085 - Princeton, FL 33032 �j� THE ULTIM.'I E IN * Tel: (305) 258-1110 • Fax: (305) 258-5580
WAREHOUSE & SHIPPING ][FEREWOMS ENTERTAINMENT SPECIALIZING IN:
14240 S.W. 256 St. • Princeton, FL 33032 Caribbean, Central & South America Shows
www. fircpowerd isplays.com
May 03 01 12:05p BNHC/FP 305-258-5580 p.3
Village of Key- Biscayne
Pane 2 of (,`
in the event Firepower Disrla s shall commence suit to compel Sponsor to pay any
sums due hereunder xis a result of Sponsor's default of any of the terms
and provisions herein contained. if Firepower Displays prevails in such litigation.
5. SPONSOR'S AGENT: C. Samuel Kissinger, Village Manager shall be designated
as sponsor's agent to whom all questions and inquiries shall be relayed. Sponsor's
agent shall be the only agent of sponsor authorized to request rescheduling of the
delivery and exhibition of the fireworks on the part of sponsor.
6. Firepower Displays requires that a meeting be scheduled no later than 30 days
prior to the event to coordinate the logistics with the Key Biscayne event staff,
fire and police departments.
7. If event is on land, sponsor to furnish police and/or crowd security personnel,
provide proper parking supervision, and insure adequate patrol of the safety zone as
marked and secured by the sponsor until Firepower Displays Unlimited, Inc. advises
that it is no longer necessary.
8. If event is over water, Firepower Displ`;•: Unlimited will be responsible for marine
permit and control of safety zone.
9. Firepower Displays Unlimited, inc. reserves the right to terminate the display in the
event persons, vehicles or animals enter the secured safety zone and security is
unable or unwilling to remove them and enforce the safety regulations.
10. Firepower Displays Unlimited, Inc. will furnish all applicable licenses, permits and
$2,000,000 liability insurance policy and pyrotechnicians for your electronically fired
display
11. Subject to limits of Sec. 768.28, F.S., Village shall hold harmless Firepower Displays
Unlimited, Inc. from any claims that do not arise out of damages in any way caused
by Firepower or Firepower's agents, employees, equipment or pyrotechnic material
12. CREDITS: As a material inducement to Firepower Displays agreeing to enter into
this agreement, Sponsor stall give Firepower Displays program credit as sole
fireworks supplier and producer in all press releases, advertising, and any other
program announcements, printed or otherwise.
13. If show is canceled through no fault of Firepower Displays Unlimited, Sponsor is
responsible for any permit. fire watch or barge/tug fees, if applicable. Additionally,
sponsor will be responsible for load in/ load out expenses not to exceed 15% of
budget.
14.1f wind exceeds 20 miles per hour, fireworks display will be postponed to an agreed
date between Sponsor and Firepower Displays Unlimited, Inc.
15. Rain date policy is a follows: Postponement time is 11:30am day of display. If
postponement occurs after that time, there will be a charge of 10% of the contract
pace.
16. Charges incurred by Firepower Displays for the barge, if Village of Key Biscayne
cancels show, are the responsibility of the Village of Key Biscayne, but shall not
exceed $3,000.00 dollars.
17. If the delivery and/or exhibition of the fireworks are postponed by reason of
inclement weather, it shall be re -scheduled to the Inclement Weather Date set forth
above
18. IMPORTANT NOTE: Items listed in this proposal assume a firing area that
conforms to NFPA Code 1123-1995, which states that there must be at least 70 feet
May .03 01 12:05p BNHC/FP 305-258-5580 p.4
Village of Key Biscavnic
Page 3 of 9
per inch of shell diameter between firing site and any spectators, cars or buildings.
This program requires a safety zone that has a radius of 1,120 feet because of the
inclusion of 16 -inch shells. Adjustments will be made to the content of this program
if necessary to conform to NFPA 1123-1995.
1 9. This document serves as Exhibit A to agreement between parties.
20. Firepower Displays Unlimited, inc., upon acceptance of this contract in writing,
agrees to fulfill the contract in a workmanlike and professional manner.
Accepted this day of
On behalf of Village of Key Biscayne,
C. Samuel Kissinger, Village Manager
On behalf of Firepower Displays Unlimited, Inc.,
Gary Avins