The URL can be used to link to this page

Home My Public Portal About2024-20 Selecting Fireworks By Grucci, Inc. for July 4th fireworks display servicesRESOLUTION NO. 2024-20 A RE SOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING FIREW ORKS BY GR UCCI, INC. FOR JULY 4TH FIREWORKS DISPLAY SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 1, 2023, the Village of Key Biscayne (the "Village") issued Request for Proposal No. 2023-22 (the "RFP") for the Village's July 4th Fireworks Display (the "Services"); and WHEREAS, the Village received one (1) sealed proposal by the RFP submission deadline from Fireworks By Grucci, Inc. (the "Contractor"); and WHEREAS, after review and evaluation of the Contractor's proposal, the Village Manager recommends that the Contractor be selected to perform the Services for a three (3) year term, with two (2) optional one-year renewal terms; and WHEREAS, the Village Council desires to select the Contractor to provide the Services and authorize the Village Manager to negotiate and execute an agreement with the Contractor consistent with the Contractor's proposal attached hereto as Exhibit "A"; 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. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Selection. That the Village Council hereby selects the Contractor for the Services. Section 3. Authorization. That the Village Council hereby authorizes the Village Manager to negotiate and execute an agreement with the Contractor, consistent with the proposal attached hereto as Exhibit "A," subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Section 4. adoption. Effective Date. That this Resolution shall be effective immediately upon PASSED and ADOPTED this 9th day of_.=....cA=p1=·il~--• 2024. JOE I. RASCO, MAYOR ATTEST: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page 2 of2 E X H IB IT A America's First Family of Fireworks •111· 8 U.S. Presidential Inaugurations Donald J. Trump, 2017 George W Bush, 2005 & 2001 William J. Clinton, 1997 & 1993 George H. W Bush, 1989 Ronald W Reagan, 1985 & 1981 .. Statue of Liberty ~!~¥~¥ k:__7!.,...1f• 1/- • Grand Opening of the Atlantis & the Palm Jumeirah Dubai, UAE - SALT LAKE 2002 s1J11oxfi._J,,~ il!] Bank MGMGMIRAGE Shanghai, China Harborfest Oswego on the Lake January 23, 2024 Village of Key Biscayne Attn: Village Clerk 88 West McIntyre Street, Ste 220 Key Biscayne, FL 33149 It is our pleasure to present to you our design concepts for the Village of Key Biscayne's 2024 - 2028 4th of July Fireworks Performances! As proven over the past twenty-one years of producing Key Biscayne's fireworks, Fireworks by Grucci has proven to be uniquely equipped with the expertise developed over these decades in show design, project management and presenting world renowned fireworks performances. Further, our proven ability in the safe installation and delivery of historic pyrotechnic exhibitions in one-of-a-kind settings is one of our greatest strengths. The Grucci team has proven its management capability of projects of similar size, design, and timelines, including our vast experience within Key Biscayne, South Florida, the United States and internationally. We are well equipped and have in-depth knowledge and resources of the specific government and production requirements for your performances. We recognize the importance of your prestigious event; therefore, we will deliver the requisite skill, creativity, and depth to create an innovative performance. Our resolve is to present your vision to your residents and visitors! Please defer communications regarding the proposal to Scott Cooper, Director of Business Development with copy to CEO & Creative Director, Phil Grucci: To: Scott Cooper, Director of Business Development - E-Mail: scooper@grucci.com - Office: +16312860088 ext. 111 CC: Phil Grucci, C.E.O. & Creative Director - E-Mail: philgrucci@grucci.com, office: +1 631 286 0088 ext. 113 We look forward to the opportunity to present these concepts and our capabilities to the Village of Key Biscayne! Phil Grucci, CEO & Creative Director Fireworks by Grucci Inc. Guinness World Record Holder 2020 - longest Firework Waterfall 2020 - Most UAV'slaunching Fireworks Simultaneously 2019 - Largest Fireworks Display 1n Multiple Cities 2018 - Largest Firework Display 2018 - Largest Pyrotechnic Image 2017 - Largest Firework Shell 2015 - Largest Pyrolechmc Image 2014 - Largest Firework Display 2014 - Largest Pyrotechnic Image 1979 - Largest Firework Shell Eleven Time Fireworks by Grucci Inc. Bellport, New York 11713 www .grucci .com grucci @ grucci .com 631 - 286 - 0088 V IL L A G E O F K E Y B IS C A Y N E 88 West McIntyre Street Key Biscayne, Florida 33149 REQUEST FOR PROPOSAL RFP # 2023-22 JU LY 4TH FIR E W O R KS DIS PLA Y RFP Release Date: Mandatory Pre-Conference: W ritten Q uestions Due: Response to Q uestions: Proposals Due: December 01, 2023 December 19, 2023, 10:00 A.M. January 03, 2024, 9:00 A.M . January 09, 2024 January 24, 2024, 11:30 A.M. Submit To: Via DemandStar https://www.demandstar.com July 41h Fireworks Display - RFP II 2023-22 SEC TIO N 6. FO RM S, A FFID A V IT S, AN D A TTACHM ENTS FORM 1 RESPONSE CHECKLIST ! Form 1: Response Checklist ! Form 2: Addendum Acknowledgment ! Form 3: Certificate of Authority (Complete one of the two forms as applicable) " • Form 3A: Form 3B: Certificate of Authority (for Corporations or Partnerships) Certificate of Authority (for Individuals) Form 4: Proposer's Statement of Organization Form 5: References Form 6: Affidavits " Form 6A: Single Execution Affidavits " Form 68: Independence Affidavit " Form 6C: Non-Collusion Affidavit Form 7: Drug Free Workplace Form 8: Certification to Accuracy of Proposal Form 9: Scrutinized Companies Form 10: Public Entity Crimes Form 11: Dispute Disclosure Form 12: List of Proposed Subcontractors Form 13: Form of Performance Bond Form 16: Insurance and License Certificates ATTACHMENTS A: Draft Contract EXHIBITS A: Scope of Services B: Fee Schedule/Price Proposal C: Certificate of insurance 28 July 4'" Fireworks Display - RFP IJ 2023·22 FORM 2 ADDENDUM ACKNO W LEDGEM ENT Solicitation Title: JULY 4TH FIREWORKS DISPLAY Solicitation No.: RFP # 2023-22 Listed below are the dates of issue for each Addendum received in connection with this Solicitation: Dated January 9, 2024 Dated _ Dated _ Dated _ Dated _ Dated _ Dated _ Dated _ Dated _ Dated _ Dated _ Addendum No. 1 Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. [J No Addendum issued for this Solicitation Firm's Name: Fireworks by Grucci, Inc Authorized Representative's Name: _S_c_o_t_t _C_o_o__:p_e_r _ Title:Director of Business Development Email: scooper@grucci.com Phone Number: 631-28:0~ Authorized Signature: ---.. .... t'-J,...l.~,,,,,ll!!:liZ~::..-.-::::~:::::::::::==. ~--- 29 Ju ly 4th Fireworks Display - RFP 11 2023-22 FORM 3B CERTIFICATE OF AUTHORITY (if Individual) 1,_S_c_ot_t_C_o_o_p_e_r ("Affiant") being first duly sworn, deposes and says: 1. I am the Representative Agent [Select and print as applicable: Owner/Partner/Officer/Representative/Agent] of: _ _ F_ir_e_w_o_rk_s_by_G_r_uc_c_i_, l_n_c doing business as Fireworks by Grucci, Inc Contractor that has submitted the attached Proposal. 2. I am fully informed respecting the preparation and contents of the attached Proposal and all of the the pertinent circumstances respecting such Proposal. 3. I am authorized to execute the Proposal dated January 24, 2024 In the presence of: rtnfil fflPrint Name· Corey Grucci Tued,1R U!f(o ~ and submit this Proposal to the Village of Key Biscayne, and the execution of this Certificate of Authority, attested to by a Notary Public,, will be the official act and deed of this attestation. Title: Director of Business Development Witness #2 Print Name: Deirdra Hyland ACl<NOWLEDGMENT State of New York County of ~S~u~ff~o~lk~----- 3 ref ,____- -, ,j_ On this 2...... day of.-,' )C(Ad ,iq Jl ,,Li . , 20~, before me the undersigned, personally appeared Co rc;;..<4. (=7-c, )CC • , whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. Witness my hand and official seal: __ 1~-~-~' c='--<>"~·~· c:._._- __ /__,_,_J~-~--0-'z-~-c._.t2~=--------- / Personally known to me; or ___ Produced identification (Type of Identification: _ ___ Did take an oath; or Did not take an oath --- Notary Public (Print, Stamp, or Type as Commissioned) TERESA MLAC£ NOT ARY PU BL IC, STATE Of NEW YOR K ~ No . OIPA6163677 Qualified In Wolk County My Commiulon E11plm Ap,il 02. 20 L_'j- 31 July 4th Fireworks Display - RFP # 2023-22 FORM 4 PROPOSER'S STATEMENT OF ORGANIZATION 1. Full Name of Proposer: Fireworks by Grucci, Inc 2. Principal Business Address, Phone and Email Address: 10 Peathole Lane, Bellport, NY 11713 631-286-0088 scooper@grucci.com 3. Principal Contact Person(s): Scott Cooper Director of Business Development 4, Form of Proposer (Corporation, Partnership, Joint Venture, Other): Corporation A. If a corporation, in what state incorporated: _N_e_w_Y_o_rk _ B. Date Incorporated: June 1986 ------------------------- (. Federal ID Number ( EIN}_1_1-_2_754_3_3_7 _ D. If a joint Venture or Partnership, date of Agreement: _ E. Name and address of all partners (state whether general or limited partnership}: Phil Grucci, 10 Peathole Lane, Bellport NY 11790 F. If other than a corporation or partnership describe, organization and name of principals. _ 5. Provide names of principals or officers as appropriate and provide proof of the ability of the individuals so named to legally bind proposer. Name Title Felix (Phil) Grucci CEO/Creative Director 6. Indicate the number of years' proposer has had current continual successful experience performing work of a similar scope relevant to this RFP Agreement. _3_8 _ 7. List all entities participating in this Agreement (including subcontractors if applicable): Name Address Title A. Fireworks by Grucci, Inc 10 Peathole Lane, Bellport NY 11713 B. Bunnel Marine 6356 Manor Lane #106 South Miami FL33143 C. D. 8. Outline specific areas of responsibility for each entity listed in Question 7. A. Fireworks, Personnel, Permit Coordination B. Barge Rental - Fireworks C. 32 July 4th Fireworks Display- RFP # 2023-22 D. 9. County or municipal business tax receipt number (attach copies): County: .:...:n'-"/a=--------------------------------- M unicipal: _n/_a _ 10. Have you ever failed to complete any work awarded to you? Yes No _X__ If yes, attach a separate sheet of explanation. 11. Within the last five years, has any officer or partner of your organization ever been an officer or partner of another organization that failed to complete an Agreement? Yes No _x_ If yes, attach a separate sheet of explanation. 12. Within the last five years, have you ever had a performance, payment or bid bond called? Yes No _x__ If yes, attach a separate sheet of explanation. 13. Have you, any officer or partner of your organization, or the organization been involved in any litigation or arbitration against the Village? Yes No _X__ If yes, attach a separate sheet of explanation. 14. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any other Florida public entity? Yes No _x__ If yes, attach a separate sheet of explanation. 15. Within the last five years, have you, any officer or partner of your organization, or the organization or parent company or its subsidiaries been involved in any litigation or arbitration against any private entity for an amount greater than $100,000? Yes No x__ If yes, attach a separate sheet of explanation. 16. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been charged or indicted for any criminal activity within the last five years? Yes No~ If yes, attach a separate sheet of explanation. 17. Has your organization or any of its partners, officers, or key personnel, or its subsidiaries or parent company been convicted and/or fined for any criminal activity within the last five years? Yes No~ If yes, attach a separate sheet of explanation. 18. Within the last five years, have you, any officer or partner of your organization, or the organization been investigated by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office? Yes No~ If yes, attach a separate sheet of explanation. 19. Within the last five years, have you, any officer or partner of your organization, or the organization communicated with any local, state, or federal law enforcement agency, criminal justice agency or inspector general office relating to goods or services provided or performed for any governmental entity? Yes No ~ If yes, attach a separate sheet of explanation. 33 J u ly 4 th Fireworks Display - RFP II 2023-22 20. Within the last five years, have there been any reports or audits relating to you, any office or partner of your organization, or the organization issued by any local, state, or federal law enforcement agency, criminal justice agency or inspector general office. Yes No L If yes, attach a separate sheet of explanation. 21. Within the last five years, have you, any officer or partner of your organization, or the organization failed to disclose or made misrepresentations to any governmental entity regarding conflicts of interest or potential or apparent conflicts of interest. Yes No L_ If yes, attach a separate sheet of explanation. 22. Have you made a site visit? __ X Yes, No 23. 24. How soon after the award can you begin work?----'------- Days. List any licenses, permits or certifications, etc., you hold for performing this type of work: Federal Explosives License/Permit, License to Deal In or Manufacture Explosives How did you hear about the RFP? Indicate if it was via the Village's website, internet search, DemandStar, newspapers, email, etc. The Village of Key Biscayne is always looking for ways to improve its services. Village of Key Biscayne Representative . Si g'=-oly) ~ 25. Scott Cooper Print Name Director of Business Development Title _1/22/2024 _ Date STATE OF COUNTY OF ) (' The foregoing instrument was acknowledged before me this 2,2/'C day of, -116w..6ll,,'{ , 2o2...$ by Scott Cooper as Director of Business Development (Name of person acknowledging) (Title) for Fireworks by Grucci, Inc (Company name) Personally known to me / or has produced Identification __ , type of identification (NOTARY SEAL HERE) produced _ /~1i,~ti;;:t~- --y;; .-·e_.--,a ~-1-2 lace= TEUSA Ml.AC£ NOTARY PUBLIC, STAT£ Of NEW YOU Rqlsnl ion No. 0IPA61636 77 Qua! iflcd ill Su fl"olk Counly My Commission E,q,im April 02. 202. :J· PRINT, TYPE/STAMP NAME OF NOTARY 34 J u ly 4 th Fireworks Display - RFP ti 2023-22 .The below CONFIDENTIAL list is the requested references for past programs produced by the Grucci Family. As necessary feel free to contact us for additional contact references. FORM 5. CLIENT REFERENCES PRINT CLEARLY REFERENCE #1 Name of Company:City of Jersey City, NJ Reference Contact Name: Christine Goodman ----------------------------- Contact Title: _Director, Office of Cultural Affairs Contact Telephone: -=2=0--'-1--5=--4...,...7,.....-_43=. '-=0'-=3'----------------------- Contact Email: cgoodman@jcnj.org Contract Start Date: January 1, 2024 Contract End Date: -=J-=u:..:..IY~4"'--, -=2'-=0=2,__4'-------- REFERENCE #2 Name of Company: Yonkers Downtown/Waterfront BID Reference Contact Name: Sara Brody ------'--------------------- Contact Title: Executive Director Contact Telephone: 914-969-6660 --~~~~~------------------------ Contact Email: sbrody@yonkersdowntown.com Contract Start Date: January 1, 2024 Contract End Date: July 4, 2024 ------------ REFERENCE #3 Name of Company: Westport PAL -------------------- Reference Contact Name:HIII Chappa ----------------------------- Contact Title: Fireworks Coordinator - Westport PAL Contact Telephone: 203-5 7 L:~8.,,,;.5.,,,;.3.>,L3 _ Contact Email: bchappa@att.net _ Contract Start Date: January 1, 2024 Contract End Date: June 27 ,2024 The data enclosed above and in herein are confidential and are to be accorded confidential treatment and shall not be disclosed. This information shall not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate this proposal. Fireworks by Grucci, Inc, requests that all information be safeguarded from release pursuant to any request under the Freedom of Information Law of this state or any other state or jurisdiction; as it may cause competitive disadvantaqe to our .cornpariy .The enclosed concepts and materials are the sole and exclusive property of Fireworks by Grucci, Inc. In the event that you would like to accept all or part of it, Fireworks by Grucci will provide the relevant purchase price and terms to transfer' and assign the ownership rights. Prior to that time, any disclosure, use or reproduction of the enclosed materials is strictly prohibited, according to law. 35 July 4,h Firew orks Display- RFP # 2023-22 REFERENCE #4 Name of Company: City of New Rochelle, NY Reference Contact Name: Vin Parise ___:_~.:_::;c.;_.:..=-=---------------------- C on tact Title: Commissioner, Department of Parks and Recreation Contact Telephone: 914-654-2087 ---------------------------- Contact Email: vparise@newrochelleny.com Contract Start Date:January 1, 2024 Contract End Date: July 4, 2023 ------------ REFERENCE #5 Name of Company: Southampton Fresh Air Home Reference Contact Name: Tom Naro __:....:::..:..c_.:____:__:c=.:..:...=.._ _ Contact Title: Executive Director Contact Telephone: 631-283-5847 x101 Contact Email: tnaro@sfah.org Contract Start Date: January 1. 2024 Contract End Date: July 12, 2024 ------------ The above CONFIDENTIAL list is the requested references for past programs produced by the Grucci Family. As necessary feel free to contact us for additional contact references. The data enclosed in the list herein are confidential and are to be accorded confidential treatment and shall not be disclosed. This information shall not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate this proposal. Fireworks by Grucci, Inc., requests that all information be safeguarded from release pursuant to any request under the Freedom of Information Law of this state or any other state or jurisdiction; as it may cause competitive disadvantage to our company. The enclosed concepts and materials are the sole and exclusive property of Fireworks by Grucci, Inc. In the event that you would like to accept all or part of it, Fireworks by Grucci will provide the relevant purchase price and terms to transfer and assign the ownership rights. Prior to that time, any disclosure, use or reproduction of the enclosed materials is strictly prohibited, according to law. 36 Ju ly 4 th Fireworks Display - RFP II 2023-22 FORM 6A SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR BIDDER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR BIDDER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER OR BIDDER IS DEEMED TO BE NON-RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/BID. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE VILLAGE OF KEY BISCAYNE AND ARE STATEMENTS MADE: By: Scott Cooper For (Name of Proposing or Bidding Entity): _F_i_re~w~o_rk_s~b ...... y_G_r_u_c_c~i,_l_n_c _ Whose business address is: 10 Peathole Lane Bellport NY 11713 And (if applicable) its Federal Employer Identification Number (FEIN) is: _1_1_-_2_7_5_4_3_3_7 _ (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: _,_ Americans with Disabilities Act Compliance Affidavit The above-named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third-party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title Ill, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501- 553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Proposer Initials 37 July 4th Fireworks Display - RFP II 2023-22 Public Entity Crimes Affidavit I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or co ntract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that "convicted" or "co nviction" as defined in Paragraph 287.13 3(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.13 3(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the co ntrol of any natural person who is active in the management of the entity and who has been co nvicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or inco me among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been co nvicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding co ntract and which bids or applies to bid on co ntracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (IN D ICATE W HICH STATEM ENT APPLIES.) P<J Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. [ ] The entity submitting this sworn statement, or one or more of its officers, directors, executives partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 38 July 4,ti Fireworks Display- RFP II 2023-22 [ ) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph 1 above is for that public entity only and that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of any change in the information contained in this form. ® .. I Proposer lnitia s No Conflict of Interest or Contingent Fee Affidavit Proposer warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Proposer also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County conflict of interest or code of ethics ordinances. Further, Proposer acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the Proposer be selected for the performance of this contract. Business Entity Affidavit Proposer hereby recognizes and certifies that no elected official, board member, or employee of the Village of Key Biscayne (the" Village") shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no Village employee, nor any elected or appointed officer (including Village board members) of the Village, nor any spouse, parent or child of such employee or elected or appointed officer of the Village, may be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such Village employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Proposer. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any exception to these above-described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by Village. Further, Proposer recognizes that with respect to this transaction or bid, if any Proposer violates or is a party to a violation of the ethics ordinances or rules of the Village, the provisions of Miami-Dade 39 Ju ly 4'" Firew o rks Display- RFP ff 2023-22 County Code Section 2-11.1, as applicable to Village, or the provisions of Chapter 112, part 111, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to Village. ~r Initials Anti-Collusion Affidavit 1. Proposer/Bidder has personal knowledge of the matters set forth in its Proposal/Bid and is fully informed respecting the preparation and contents of the attached Proposal/Bid and all pertinent circumstances respecting the Proposal/Bid; 2. The Proposal/Bid is genuine and is not a collusive or sham Proposal/Bid; and 3. Neither the Proposer/Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Proposer/Bidder, firm, or person to submit a collusive or sham Proposal/Bid, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer/Bidder, firm, or person to fix the price or prices in the attached Proposal/Bid or of any other Proposer/Bidder, or to fix any overhead, profit, or cost element of the Proposal/Bid price or the Proposal/Bid price of any other Proposer/Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Village of Key Biscayne or any person interested in the proposed Contract. ®I" I Proposer rutia s Scrutinized Com pany Certification 1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the Village may immediately terminate the Agreement that may result from this RFP at its sole option if the Proposer or its subcontractors are found to have submitted a false certification; or if the Proposer, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this RFP is for more than one million dollars, the Proposer certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the Village may immediately terminate the Agreement that may result from this RFP at its sole option if the Proposer, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 40 July 4th Fireworks Display - RFP II 2023-22 3. The Proposer agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this RFP. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. Acknowledgment, Warranty, and Acceptance 1. CONTRACTOR warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 2. CONTRACTOR warrants that it has read, understands, and is willing to comply with all requirements of RFP # 2023-22 JULY 4TH FIREWORKS DISPLAY and any addendum/addenda related thereto. 3. CONTRACTOR warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the Village Council or Village Manager, as applicable. 4. CONTRACTOR warrants that all information provided by it in connection with this Proposal is true and accurate. ~r Initials Tru th in Negotiation Certification The CONTRACTOR hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The CONTRACTOR further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Village determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of the final billing or acceptance of the work by the Village, whichever is later. ~Initials Sworn Signature of Proposing Entity Representative and Notarization for all above Affidavits follows on the next page 41 J u ly 4 th Fireworks Display - RFP Ii 2023-22 In the presence of: Signed, sealed and delivered by: ~- Grucci Print Name:Scott Cooper Title: Director of Business Development Witness #2 Print Name: Deirdra Hyland A CK N O W LED G M EN T State of New York County of Suffolk -------- re} --r-:...-l - On this2.3 day of _,_~ __ a..._M.u12 .................. A.....,.<s=...,'=--------~· _2_0_2_4~, before me the undersigned, (_) ., ' personallyappeared ov·~x( G7n.?CC1 subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. , whose name(s) is/are Witness my hand and official seal: N otary Public (Print, Stam p, or Type as Com m issioned) ! Personally known to me; or ___ Produced identification {Type of Identification: _ ___ Did take an oath; or ___ Did not take an oath TERESA PALACE NafARV PUBLIC. STATE OF NEW YOR K futlsln&ion No . OIPA616J6 77 Qulllflod In Motk COUIII)' My C~E ..... Afril O:Z. :Z02:j 42 Ju ly 4 th Fireworks Display - RFP 11 2023-22 FORM 68 INDEPENDENCE AFFIFAVIT The undersigned individual, being duly sworn, deposes and says that: 1 am Scott Cooper has submitted the attached proposal; of Fireworks by GruccL Inc , the proposer that I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have or have had during the past five years, any relationships {professional, financial, familial or otherwise) with the VILLAGE (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee. A "relationship" for the purpose of this affidavit shall include but not be limited to employer/employee, consultant, contractor, subcontractor, associate, officer, partnership, joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient (in excess of $100.00), past or on-going personal relationships, or joint involvement with charitable/voluntary activities. Relationship includes having a prior or current contract with the VILLAGE. Except as set forth below, I hereby certify to the best of my knowledge that neither I nor any of those persons residing in my household have received any promise of compensation, remuneration, gift, discount, or other gratuity in exchange for my proposal. I understand and agree that I shall give the VILLAGE written notice of any other relationships (as defined above) that I enter into with the VILLAGE (or any of its districts), its elected or appointed officials, its employees or agents, or any member or alternate member of the Selection Committee during the period of the Agreement. I set forth below any exceptions to the aforementioned (if none, write "None"): None 43 Ju ly 4th Fire w o rks D isp lay - RFP 11 20 23-22 Scott Cooper Print Name Director of Business Development 1/22/2024 Title Date STATE OF COUNTY OF ) ( The foregoing instrument was acknowledged before me this23«. day of.._:(, '.Xl,u.1111:0( , 2QZ.,j· by Scott Cooper as Director of Business Development (Nome of person acknowledging) (Title) for Fireworks by Grucci, Inc (Company name) . Personally known to me V/ or has produced Identification __ , type of identification (NOTARY SEAL HERE) produced _ r:- '--:LL<-AL---'M~ 7 SIGNATURE OF NOTARY PUBLIC .~ ,,--~ 1 I c'. r C ·::.,CL lcL a C {:'.'._ TERESA PALACE NITTARY PUBLIC. STATE OF NEW YORK Re,iatrllion No. 0IPA616l6'17 Qualified In Sull'olk CouMy My Commission E,q,lm Aflril 02. 202,J PRINT, TYPE/STAMP NAME OF NOTARY 44 July 4,h Fireworks Display - RFP II 2023-22 FORM 6C NON-COLLUSION AFFIDAVIT The undersigned individual, being duly sworn, deposes and says that: 1. He/She is Scott Cooper of Fireworks by Grucci, Inc proposer that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Such proposal is genuine and is not a collusive or sham proposal; 4. Neither said proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, connived, or agreed, directly or indirectly, with any other proposer, firm or person to submit a collusive or sham proposal in connection with the Agreement for which the attached proposal has been submitted or to refrain from proposing in connection with the Agreement, or has in any manner, directly or indirectly, sought by agreement of collusion or communication of conference with any other proper, firm, or person to fix the price or prices in the attached proposal, or of any other proposer, or to fix any overhead, profit or cost element of the proposal or the response of any other proposer, or to secure through any collusion, connivance, or unlawful agreement any advantage against the Village of Key Biscayne, Florida, or any person interested in the Agreement; and · 5. The response to the attached RFP is fair and proper and is not tainted by any collusion, conspiracy, connivance, or.unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 45 July 4th Fireworks Display - RFP II 2023-22 Scott Cooper Print Name Director of Business Development 1/22/2024 Title Date STATE OF COUNTY OF ) td_ __. The fo regoing instrument was acknowledged before me this.23: day of =,.u.a- -""'-'""""~~' 202._t' by Scott Cooper as Director of Business Developme (Name of person acknowledging) (Title) for Fireworks by Grucci. Inc {Company name) ! Personally known to me_· __ or has produced Identification __ , type of identification produced _ (NOTARY SEAL HER E) ~.-:<£--::(// '~~L- SIGNATU RE OF NOTARY PUBLIC ==r;:;,.c ~;--~~, l11[e -- TEIESA PALACE NOTARY PUBLIC, STATE Of' NEW YORK R~ No. 0IPA616l677 QIIIIIAedinSdalk Couill)- My COlllllllaioll Ellpftl Atwil Ol. lOZ.7 PRINT, TYPE/STAMP NAME OF NOTARY 46 July 4th Fireworks Display - RFP II 2023~22 FORM 7 DRUG FREE WORKPLACE The undersigned proposer in accordance with Chapter 287.087, Florida Statutes, hereby certifies that Fireworks by Grucci, Inc does: (Name of proposer) 1. Publish a statement notifying employees that the unlawful manufacturing, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the contractual services described in the RFP document a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the contractual services described in the RFP or the Agreement, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. · 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 7. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 47 July 4th Fireworks Display - RFP II 2023-22 Scott C ooper Print Name Director of Business Development 1/22/2024 Title Date STATE OF COUNTY OF ) or&~ The fo regoing instrum ent was acknowledged befo re me this 2.3 day of ~-~c;u..:u.1 , 202~ by Scott Cooper as Director of Business D v loon en (Name of person acknowledging) (Title) fo r Firewor ks by Grucci Inc (Company name) Personally know n to me ! or has pro duced Identification __ , type of identification (NOTARY SEAL HERE) pro duced _ tc /U/<J-?~ ~ c--'2--- SIGNATURE OF NOTARY PUBLIC ~ <('.'.'. ~ ~ +it \ Cl( c.- TERESA PALACE NOTARY PUBLIC, STATE OF NEW YORK Regislrllion No. OIPA616J677 Qualilled in Suffolk Councy My Commiuion Eq,lm Api l 02, 20 2, J PRINT, TYPE/STAMP NAME OF NOTARY 48 Ju ly 4,h Fireworks Display - RFP It 2023-22 FORM8 CERTIFICATION TO ACCURACY OF PROPOSAL The proposer, by executing this form, hereby certifies and attests that all forms, affidavits and documents related thereto that it has enclosed in the proposal in support of its proposal are true and accurate. Failure by the proposer to attest to the truth and accuracy of such forms, affidavits and documents shall result in the proposal being deemed non-responsive and such proposal will not be considered. By submitting a proposal to do the work, the proposer certifies that a careful review of the RFP and the Agreement has taken place and that the proposer is fully informed and understands the requirements of the RFP and the Agreement and the quality and quantity of service to be performed. The undersigned individual, being duly sworn, deposes and says that: 1. He/She is Scott Cooper of Fireworks by Grucci, Inc the proposer that has submitted the attached proposal; 2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all forms, affidavits and documents submitted in support of such proposal; 3. All forms, affidavits and documents submitted in support of this proposal and included in this proposal are true and accurate; 4. No information that should have been included in such forms, affidavits and documents has been omitted; and 5. No information that is included in such forms, affidavits or documents is false or misleading. STATE OF COUNTY OF ) 1 ,..c, -r The foregoing instrument was acknowledged before me this~ day of,JCVY¼l.4 ,~~, 202.';l by Scott Cooper as Director of Business Development (Name of person acknowledging) for Fireworks by Grucci, Inc (Company name) Personally known to me ! or has produced Identification __ , type of identification (Title} (NOTARY SEAL HERE) produced__________________ ·' :J . - · ~i/w? ,1,{!__ 7-t,;L---lJ_,~ / SIGNATURE OF NOTARY PUBLIC TERES A PALACE NOT ARY PUBLIC. STATE Of NEW YORK Re~ No. OIPA616l617 Qullillcd in Suffolk COUIIIY My Commission E,q,lm April 02. 20;;:} PRINT, TYPE/STAMP NAME OF NOTARY 49 Ju ly 4th Fireworks Display - RFP 11 2023-22 FO RM 9 SCRUTINIZED COMPANIES The undersigned proposer in accordance with Section 287.13 5, Florida Statutes, hereby certifies that: Proposer is not participating in a boyco tt of Israel; Proposer is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; Proposer does not have business operations in Cuba or Syria. ·- ~~ Signature ( Blue ink nly) -= Scott Cooper Print Name Director of Business Development 1/22/2024 Title Date STATE OF COUNTY OF ) n,~ _ _ The fo regoing instrument was acknowledged before me this 7o day of,__J'<il,.,W.<l/~~ , 201:,'i by Scott Cooper as Director of Business Development (Name of person acknowledging) (Title) for Fireworks by Grucci, Inc (Company name) , Personally known to me ..Y._ or has produced Identification __ , type of identification (NOTARY SEAL HERE) produced _ ---- ~/-; ) e /l,t.<iL --1 f~_)i.,C .e--- TEtlESA Ml.AC£ NOT ARY PU BLI C. STAT£ OF NEW YOR K ~ No . 0IPA616l6 77 Qlllllilcd ill 5'a«cllk C011'11y My ColMlillion Ex,im April 02, 202....( SIGNATURE OF NOTARY PUBLIC :~la.c~- _ ______, \c:'v< PRINT, TYPE/STAMP NAME OF NOTARY 50 July 4th Fireworks Display - RFP II 2023-22 FORM 10 PUBLIC ENTITY CRIMES Sworn Statement Under §287.13 3(3)(a), Florida Statutes (This form must be signed in the presence of a notary public or other officer authorized to administer oaths.) 1. This sworn statement is submitted with Bid, Proposal or contract No. RFP # 2023•22 2 . This sworn statement is submitted by:.:.F...:.;irc.::ec..:..w:..::o;.;.r""'ks::c...:::.b.,,_y--=G=r-=u=cc=i"-1 Ias.; _ (name of entity submitting sworn statement) 10 Peathole Lane whose business address is: Federal Identification Number (FEIN) is: Social Security Number: Bellport, NY 11713 11-2754337 (if applicable) (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) 3. My name is: Scott Cooper (print name of individual signing this document) and my relationship to the entity is: Director of Business Development 4. I understand that a "public entity crime" as defined in §287.133(1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United states, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that a "convicted" or "conviction" as defined in §287.133(1)(b), Florida Statutes, means a finding of guilt of a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in §287.133(1)(a), Florida Statutes means: (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or 51 Ju ly 4,h Firew o rks D isp lay - R FP It 2023-22 (b) An entity under the co ntrol of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, execu tives, partners, share holders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares co nstituting a co ntrolling interest in another person, or a pooling of equipment or inco me among persons when not for fair market value under an arm's length agreement, shall be a prima-facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been co nvicted of a public entity crime in Florida during the preceding 36 months shall be co nsidered an affiliate. 7. I understand that a "person" as defined in §287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which binds or applies to bids on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on the information and belief, the statement that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) a. _L_Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. b. __ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and co nvicted of a public entity crime subsequent to July 1, 1989 and (Please indicate which additional statement applies) 1) __ There has been a proceeding co ncerning the co nviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) 2) __ The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a co py of the final order) 52 July 4th Fireworks Display - RFP II 2023-22 3) __ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of Gener·al Services) Sigoat,d,~ Scott Cooper Print Name Director of Business Development 1/22/2024 Title Date STATE OF COUNTY OF ) f 3«: .----,--- The foregoing instrument was acknowledged before me this2__ day of'-<c-.JaM,uQ..•L-'--t. by Scott Cooper as Director of Business Developm6'.dt {Name of person acknowledging) {Title) for Fireworks by Grucci, Inc {Company name) Personally known to me V or has produced Identification __ , type of identification produced _ (NOTARY SEAL HERE) TERESA PALACE NCTrARY PUBLIC. STATE OF NEW YORK Registration No, OIPA61636?7 Qualified in Sull'olk Counly My Commission EJ1114N9 Aprif 02. 201.J SIGNATURE OF NOTARY PUBLIC ___-.---" r~) / ( {' e". ::-:> CJ__ +zL (LCe'- PRINT, TYPE/STAMP NAME OF NOTARY 53 July 4th Fireworks Display - RFP II 2023-22 FORM 11 DISPUTE DISCLOSURE Answer the following questions by placing an "X" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO X ----- ----- 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO X ----- ----- 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO X ----- ----- If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification.pf facts shall be cause for forfeiture of rights for further consideration of this Bid for the Village of Key Bi_scayne. Firm:Fireworks by Grucci, Inc Authorized Signature: 1~ Print or Type Name: _S_co_t_t_C_o_o_,_p_e_r _ Title: Director of Business Development Date: -------------------- 1/22/2024 54 July 4,h Fireworks Display- RFP 11 2023-22 FO RM 12 LI ST OF PRO PO SED SUBCO NTRACTORS The undersigned Proposer hereby designates, as follows, all major subcontractors whom they propose to utilize for the major areas of work for the project. The bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the Village with a Certificate of Insurance in accordance with the contract general conditions. Failure to furnish this information shall be grounds for rejection of the bidder's proposal. (If no subcontractors are proposed, state "None" on first line below.) No. Subcontractor Name & Address Scope of Work License Number 1 Bunnel Marine, 6356 Manor Lane #106 Barge Rental - Fireworks SCC131152087 South Miami FL33143 Firm: Fireworks by Grucci, Inc Authorized Signature: ,~ Print or Type Name: Scott Cooper ------------- Title: Director of Business Development Date: __ 1_/2_2_/_20_2_4 _ 55 July 4th Fireworks Display- RFP 11 2023·22 FORM 13 PERFORMANCE BOND BY THIS BOND, we, , as Principal, (the "Contractor") and , as Surety, are bound to the Village of Key Biscayne (the "Village"), as Obligee, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into Contract RFP # 2023-22 July 4th Fireworks Display, awarded on , 20 __ , with the Village, which contract documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated and other damages, and for the purpose of this Bond are referred to as the "Contract." NOW, THEREFORE, THE CONDITION OF THIS PERFORMANCE BOND is that if Contractor: 1. Performs the Contract between Contractor and Village for the services defined in the Contract, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays the Village all losses, damages, liquidated damages, expenses, costs, and any and all attorney's fees, including for appellate proceedings, that the Village sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, THEN THIS BOND WILL BE VOID. OTHERWISE, IT WILL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 4. Whenever Contractor is, and declared by the Village to be, in default under the Contract, the Village having performed the Village's obligations, the Surety may promptly remedy the default or will promptly: a. Complete the services defined in the Contract in accordance with the terms and conditions of the Contract; or b. Obtain a bid or bids for completing the services defined in the Contract in accordance with the terms and conditions of the Contract, and upon determination by Surety of the lowest responsible bidder, or if the Village elects, upon determination by the Village and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Village, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, will mean the total amount payable by the Village to Contractor under the Contract and any amendments thereto, less the amount properly paid by the Village to Contractor. IT IS FURTHER AGREED THAT no right of action will accrue on this Bond to or for the use of any person or corporation other than the Village; an 56 Ju ly 4 'h Fire w o rk s D is p la y - R F P ti 2023-22 IT IS FURTHER AGREED THAT the Surety hereby waives notice of and agrees that any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligations under this Bond. Signed and sealed this day of , 20 __ . FOR THE CONTRACTOR: WITNESS: Secretary (Affix Corporate Sea I) Name of Corporation By: _ Print Name: _ Title: _ FOR THE SURETY: WITNESS: Agent and Attorney-in-Fact Print Name: _ Title: _ Address: _ Telephone: _ 57 July 4th Fireworks Display - RFP ll 2023-22 FORM 14-N/A FORM 15-N/A FORM 16 IN S U R A N C E A N D LI C EN SE CERTIFICATES VILLAGE OF KEY BISCAYNE BIDDER'S REPRESENTATION JULY 4TH FIREWORKS DISPLAY Proposal of Fireworks by Grucci, Inc (Name) 10 Peathole Lane, Bellport, NY 11713 (Address) to furnish all materials, equipment, and labor and to perform all work in accordance with the Contract Documents for: JULY 4TH FIREWORKS DISPLAY ("THE PROJECT") TO: Village of Key Biscayne Attn: Village Clerk 88 West McIntyre Street, Suite 220 Key Biscayne, Florida 33149 The undersigned, as Bidder, hereby declares that the only person or persons interested in the Bid, as principal or principals, is or are named herein and that no other person than herein mentioned has any interests in the Bid or the Contract to which the Work pertains; that this Bid is made without connection or arrangement with any other person, company, or parties making Bids or Proposals and that the Bid is in all respects fair and made in good faith without collusion or fraud. ---··-·--· ---· ·-···-·-···-------- The Bidder further declares that he or she has examined the geographic location and sites of the W ork; that he has made sufficient investigations to fully satisfy himself that such sites are suitable for this Work; and he assumes full responsibility therefore; that he has examined the specifications for the Work and from his own experience or from professional advice that the specifications are sufficient for the Work to be done and he has examined the other Contract Documents relating thereto, including the Instructions to Bidders, the Contract, Bid, Detailed Scope of W ork/Specifications, Qualification Statement, Public Entity Crime Form, and Insurance requirements and he has read all addenda prior to the opening of Bids, and that he has satisfied himself fully, relative to all matters and co nditions with respect to the Work to which this Bid pertains. 58 July 4,h Fireworks Display - RFP 11 2023-22 The Bidder proposes and agrees, if this Bid is accepted, to timely execute the Contract with the Village in the form attached and to furnish all necessary materials, all equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the Work specified in the Bid and the Contract, and called for by the drawings and specifications and in the manner specified and to timely submit all required bonds and insurance certificates. NOTE: THIS SCHEDULE OF BID ITEMS IS MERELY ILLUSTRATIVE OF THE MINIMUM AMOUNT/QUANTITY OF WORK TO BE PERFORMED UNDER THE CONTRACT. IN THE CASE OF ANY CONFLICT BETWEEN THIS SCHEDULE OF BID ITEMS AND THE DETAILED SPECIFICATIONS, THE DETAILED SPECIFICATIONS WILL PREVAIL. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the Work as stated in the Contract. The Bidder agrees to execute the Contract and furnish the executed Contract, all required bonds, insurance certificates, and other required information to Village within ten (10) ten calendar days after written notice of the Award of Contract. Failure on the part of the Bidder to timely comply with this provision shall give Village all rights and remedies set forth in the Instructions to Bidders. The undersigned agrees to accept as full compensation therefore the total of the lump sum prices and extended unit prices items named in the following schedule. It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor, based on the Work actually performed as determined by the Contract and the Village. However, in utilizing the schedule, the Bidder agrees that in no event shall compensation paid to the Bidder under the Contract exceed the dollar amount of the Bidder's Bid amount, as set forth in the attached Bid. It is intended that all Work to be performed under this Bid shall commence approximately thirty (30) days after Contract execution. In no event shall Village be obligated to pay for Work not performed or materials not furnished. Bidder's Certificate of Competency No.__,n_,.,/-=a'----------------------- Bidder's Occupational License No.n_/_a _ By:---"--j~---- Signature of Authorized Agent 59 July 4th Firew orks Display- RFP II 2023-22 ATTACHMENT A SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND NAME OF ENTITY THIS AGREEMENT (this "Agreement") is made effective as of the day of _ 2023 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the "Village"), and NAME OF ENTITY, a Florida [type of entity] (hereinafter, the "Consultant"). WHEREAS, the Village desires certain JULY 4TH FIREWORKS DISPLAY and WHEREAS, the Consultant will perform services on behalf of the Village, all as further set forth in the Proposal dated---------~ 2023, attached hereto as Exhibit "A" (the "Services"); and WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a fee for the Services; and WHEREAS, the Village desires to engage the Consultant to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the Village agree as follows: 1. Scope of Services. 1.1. Consultant shall provide the Services set forth in the Proposal attached hereto as Exhibit "A" and incorporated herein by reference (the "Services"). 1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this Agreerfftireworks tr,c©fluoehcbt<Pns during the term of this Agreement (hereinafter "Deliverables") to the Village. 2. Term/Commencement Date. 2.1. The term of this Agreement shall be from the Effective Date through three (3) years thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may renew this Agreement for two (2) additional one (1) year periods on the same terms as set forth herein upon written notice to the Consultant. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within the term of this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. 60 July 4th Fireworks Display - RFP II 2023-22 3.1. Compensation for Services provided by Consultant shall be in accordance with the Proposal attached hereto as Exhibit "A.11 Consultant shall be compensated a flat rate, lump sum fee in the amount of $XXXX.X per year. 3.2. Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount clue to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant" s invoice, which shall be based upon the percentage ofwork completed for each task invoiced. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Contractor's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Consultant; 3.3.2. Purchase Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; 3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3.6. Name and type of Services; 3.3.7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection of the invoice. All invoices must be submitted electronically to payables@keybiscayne.fl.gov. 4. Subconsultants. 4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain responsibility for all work related to the Services. 4.2. Consultant may only utilize the services of a particular subconsultant with the prior written approval of the Village Manager, which approval may be granted or withheld in the Village Manager's sole and absolute discretion. 5. Village's Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 61 July 4th Fireworks Display - RFP II 2023-22 6. Consultant's Responsibilities; Representations and Warranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the co mpletion of this Agreement, it is determined that the Consultant's Deliverables or Services are inco rrect, not properly rendered, defective, or fail to conform to Village requests, the Consultant shall at Consultant's sole expense, immediately correct its Deliverables or Services. 6.2 . The Consultant 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 applicable to and necessary to perform the Services for Village as an independent contractor of the Village. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of Interest. 7.1. To avoid any co nflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, co rporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 8. Termination. 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days' written notice to the Consultant, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Consultant shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Consultant has first co mplied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, 62 July 4'' Fireworks Display~ RFP II 2023-22 naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents, and volunteers naming the Village as additional insured. Any insurance maintained by the Village shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The po!icy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 63 Ju ly 4 th Fireworks Display - RF P # 2023-22 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Consultant in performance of this Agreement. The Consultant's insurance, including that applicable to the Village as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the Village shall be in excess of and shall not contribute to the Consultant's insurance. The Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the Village. The Consultant shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Att orn eys Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Consultant's performance or non-performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Consultant and third parties made pursuant to this Agreement. Consultant shall reimburse the Village for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Consultant's performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement. 64 July 4th Fireworks Display- RFP II 2023-22 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire Agreement/Modification/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Consultant during the term of this Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees to keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the Village. 16.3. Upon request from the Village's custodian of public records, Consultant shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 16.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Village. 65 July 4th Fireworks Display - RFP # 2023-22 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. 16.7. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing address: Telephone number: Email: Jocelyn B. Koch 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5506 ikoch@keybiscayne.fl.gov 17. Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 66 July 4th Fireworks Display- RFP H 2023-22 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, 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 Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the terms of this Agreement shall control. 27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.e verify.gov/faq/how-do-i-provide-proof-of-my-pa rticipationenrollment-i n-e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section 448.095, Florida Statutes; will comply witnirmwDKksi{ryt~a.itOOh,efn~ imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. [Remainder of page intentionally left blank. Signature pages follow.] 67 J u ly 4 th Fireworks Display - RFP # 2023-22 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE CONTRACTOR By:------------- Steven C. Williamson Village Manager Attest: By:------------- Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency: By:------------- Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (facsimile) swilliamson@keybiscayne.fl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) By:-------------- Name: _ Title: _ Entity: LEG AL N AM E OF EN TITY Addresses for Notice: ___________ (telephone) ____________ (facsimile) ___________ (email) With a copy to: ____________ (telephone) ____________ (facsimile) ___________ (email) 68 July 4'" Fireworks Display - RFP ti 2023 -22 E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business with the Village to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The Village will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: h tt,gs ;/_L w w w .e-veri fy .gov /fa g/how-do-i-provide-p roof-of-my-pa rtici pationen roll me nt-i n-e-ve rify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E Verify affidavits from subcontractors. ~Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of: ?£ Grucci Witness #2 Print Name: Deirdra Hyland Sigrd, sealed and delivered by: A~ Print Name: Scott Cooper Title: Director of Business Development Entity Name: Fireworks by Grucci, Inc ACKNOWLEDGMENT State of New York County of S=uf-'--'-f-"-oCC...lk'------ The foregoing instrum~t was ac~~wledged before me by means of [9"physical presence or D online notarization, this~ day of , \o-1'.k½Lu\-<.-L , 20 2j:, by _ (name of person) as q (type of authority) for _ (name of party on behalf of whom instrument is exec~ted) ~- O,; ~~ ,&-<= l"-z.~ Notary Public (Print, Stamp, or Type as Commissioned) v Personally known to me; or ___ Produced identification (Type of Identification: _ ___ Did take an oath; or ___ Did not take an oath 69 lll l!SA Ml.AC£ NITTA RV PUBLIC, STATE Of NEW YORK ~ No. 0IPA616l677 Qualified in Sllfrofk Councy My Convneuion £,cpim April 02, 20£7 1/23/24, 5:59 PM My Company Profile I E-Verify ~ An official website of the United States govern ment Here's how Y.OU know E-Verify Menu_ My Company Account My Company Profile Company Information Company Name Firew orks by G rucci, Inc Doing Business As {DBA) Name Firew orks by Grucci, Inc Company ID 23 6 6 23 8 Enrollment Date Jan 23, 2024 Employer Identification Number {EIN) 112 7 5 4 3 3 7 Unique Entity Identifier {UEI) KCH LLUJ1LW E8 DUNS Number 19 3 6 8 76 3 9 Total Number of Employees 10 to 19 NAICSCode 713 Sector A rts, Entertainm ent, and Recreation Subsector A m usem e nt, G am b ling , and Recreation Ind ustries Edit Company Information Employer Category https://everify .uscis.gov/account/com pany/pro file 1/3 1/23 /24 , 5:5 9 P M Employer Category None of these categories apply M y C om pany Pro file I E-Verify Edit Employer Category Company Addresses Physical Address 10 Peathole Lane Bellport, NY 11790 Mailing Address Sam e as Physical Address Hiring Sites Number of Sites 1 Edit Hiring Sites Edit Company Addresses Company Access and MOU My Company is Configured to: Verify Its Ow n Em ployees Memorandum of Understanding View Current MOU U.S . Dei;2artm ent of Hom eland Security_ U.S. CitizenshiQ and Immigration Services A ccessibility_ Plug-ins Site MaQ hlt p s://everify .u scis.g o v/accou nUcom pany/pro file 2/3 July 4,h Fireworks Display - RFP II 2023-22 EXHIBIT A SCOPE OF SERVICES The Scope of Services are those contained in the Proposal Section 2. dated January 24 attached hereto and incorporated herein by reference. , 2023, 70