R18-0671
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RESOLUTION NO. R18 -067
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO SIGN A
THREE YEAR PROPOSAL BETWEEN THE CITY
OF BOYNTON BEACH AND ZAMBELLI
FIREWORKS MANUFACTURING CO., TO
PROVIDE THE CITY'S ANNUAL JULY 4TH
FIREWORKS DISPLAY AND OTHER CITY EVENTS
AS REQUIRED; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on April 13, 2018 Procurement Services received and opened one
,proposal in response to RFP No. 007 - 2710- 18 /IT; and
WHEREAS, the Evaluation Committee reviewed and ranked the single proposal
;recommending to award Zambelli Fireworks Manufacturing Co., the three year contract as
3the most responsive, responsible bidder meeting all specifications; and
WHEREAS, City staff recommends to the City Commission that it approve the
year proposal between the City of Boynton Beach and Zambelli Fireworks
Manufacturing Co, for the Annual July 4th Fireworks Display.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida,
by approves the three year proposal and authorizes the City Manager to sign the
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Agreement between the City of Boynton Beach and Zambelli Fireworks Manufacturing
Co, for the Annual July 4 th Fireworks Display, a copy of which is attached hereto as
Exhibit "A ".
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 1S day of May 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus
Commissioner — Mack McCray
Commissioner — Justin Katz
Commissioner — Joe Casello
VOTE
ATTEST:
,i
Judith A. Pyle, CMC
City Clerk
AV
(Corporate Seal)
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:ambeIIi_(3yr_2018 -20)_ _Reso.doc
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND ZAMBELLI FIREWORKS MANUFACTURING CO.
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City ", and ZAMBELLI FIREWORKS MANUFACTURING CO. hereinafter referred to as
"the Vendor ", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
PROJECT DESIGNATION. The Vendor is retained by the City to perform services in
connection with the RFP FOR FIREWORKS DISPLAYS; RFP No.: 007 - 27110- 1811T.
2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified in Section 11 —
Scope of Services and attached hereto as Exhibit A.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written
notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all
work product required pursuant to this agreement upon written notice to proceed.
4. TERM: This Agreement shall be for a period of three (3) years commencing on the date the
Agreement is executed by the City. The City of Boynton Beach may extend the contract
with the same terms and conditions for two additional, one -year renewal terms subject to
vendor acceptance, satisfactory performance and determination that renewal will be in the
best interest of the City.
5. PAYMENT: If the RFP provides that the City shall compensate the Vendor for services
provided by the Vendor, City agrees to pay Vendor, in the manner specified in the RFP, the
amounts set forth in Vendor's Response for work actually performed and completed
pursuant to the Contract, which amount shall be accepted by the Vendor as full
compensation for all such work. It is acknowledged and agreed by Vendor that this amount
is the maximum payable and constitutes a limitation upon City's obligation to compensate
Vendor for its services related to this Contract. The amount, however, does not constitute a
limitation, of any sort, upon Vendor's obligation to perform all items of work required by or
which can be reasonably inferred from the Scope of Services. No amount shall be paid to
Vendor to reimburse its expenses.
The Vendor's records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the
termination of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Firm in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Firm shall be permitted to retain copies, including reproducible copies,
of drawings and specifications for information, reference and use in connection with Firm's
endeavors.
7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state and local laws, ordinances
and regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, including fees and costs, arising from injury or death to persons, including injuries,
sickness, disease or death to Vendor's own employees, or damage to property occasioned
by a negligent act, omission or failure of the Vendor.
9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000
per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence /aggregate for property damage, and professional liability insurance in the
amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition
to limits; workers' compensation insurance, and vehicular liability insurance.
Said general liability policy shall name the City of Boynton Beach as an "additional named
insured" and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be
entitled to any benefits accorded City employees by virtue of the services provided under
this agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to Vendor, or any
employee of Vendor.
11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the Vendor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
14. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
15. TERMINATION.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Vendor.
b. In the event of the death of a member, partner or officer of the Vendor, or any of its
supervisory personnel assigned to the project, the surviving members of the Vendor
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Vendor and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of
this Agreement, which cannot be resolved through negotiations, shall be submitted to a
court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be
construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
Lori LaVerriere, City Manager
City of Boynton Beach
P, 0. Box 310
Boynton Beach, FL 33425 -0310
Notices to Vendor shall be sent to the following address:
Michael Simmons, Project Manager
1 West Camino Real Blvd, Suite 100
Boca Raton, FL 33432
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Vendor and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Vendor.
19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation
are exempt from public records disclosure until thirty (30) days after the opening of the Bid
unless the City announces intent to award sooner, in accordance with Florida Statutes
119.07.
The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY 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 in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and, following completion of the contract, Contractor
shall destroy all copies of such confidential and exempt records remaining in its
possession once the Contractor transfers the records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the
CITY, all public records in Contractor's possession All records stored electronically by
Contractor must be provided to the CITY, upon request from the CITY's custodian of
public records, in a format that is compatible with the information technology systems of
the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
JUDY PYLE, CITY CLERK
100 E BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA, 33435
561 - 742 -6061
PYLEJ @BBFL.US
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DATED this 1 day of 3(-A--,-e ,20 ‘%.
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CITY OF BOYNTON BEACH
�l`c vim'/4•-- / 'A- E
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Lori LaVerriere, City Manager hj1ndor
Attest/Authenticated: C y4"/ ' e
Title
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Judy Ie, C Cle
Judith A. Pyle �..
Approved as to Fo • Attest/ ted: a �°�
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James A. Cherof, Ci -Atto' ey Secretary
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EXHIBIT A
SCOPE OF SERVICES
A. GENERAL
The awarded Proposer shall be responsible for the successful, timely, and uninterrupted
fireworks display at the City's Fourth of July Celebration and other events required by
the City. The fireworks displays shall be synchronized to pre- approved music.
Proposer shall provide a list of fireworks, shells, and special effects, required or
proposed for the Fireworks Display that meets the terms, conditions, and specifications
contained in this RFP. Proposers are required to provide a technical proposal for a
Fireworks Display at the following separate price points
• Twenty- Thousand Dollars ($20,000.00);
• Twenty -Five Thousand Dollars ($25,000.00);
• Thirty -Five Thousand Dollars ($35,000.00);
• Forty- Thousand Dollars ($40,000.00);
• Forty -Five Thousand Dollars ($45,000.00);
• and Fifty- Thousand Dollars ($50,000.00).
These price points shall be inclusive of all other charges, such as, but not limited to
permitting, staffing, and security. The proposer shall also provide a separate price for the
optional barge requirement.
B. PERFORMANCE STANDARDS
The Fourth of July displays will be held July 4, 2018, July 4, 2019 and July 4, 2020.
Additional display dates, if required, will be determined by City.
The City reserves the right to determine the locations for the additional events (which
may /may not include a barge).
The displays shall begin sharply at 9:00 p.m.
The displays shall continue for no less than twenty (20) minutes with no period of time
from opening to finale where there is not a display in the air. The time of the display shall
not include any opening or closing commentary.
Provide written procedures outlining plans for delivery, set -up, and discharge of
fireworks display in response to variable weather at least three (3) weeks prior to display
date.
The awarded proposer agrees that should inclement weather be forecasted preventing a
fireworks display then such display must be implemented on the next feasible (good
weather) agreed upon by both parties and without any deduction in the number of shells
without additional costs to the City.
In the event that the fireworks have been prepared, anticipating good weather, and
inclement weather prevents igniting, then such display of fireworks must be implemented
on the next feasible (good weather) agreed upon by both parties in the best possible
manner and without additional costs to the City.
The Fourth of July shows shall be displayed from a barge placed on the Intracoastal
Waterway, facing the City's Intracoastal Park and Clubhouse, 2240 North Federal
Highway, Boynton Beach, FL 33435 The City reserves the right to determine alternative
locations for non - Fourth of July events within the corporate limits of the City.
C. REQUIREMENTS
GENERAL
Awarded proposer must furnish all equipment necessary to effectively and safely
produce the required fireworks display. Fee must be all inclusive for the fireworks
display, including, but not limited to equipment, permitting, security and costs. No other
fees will be paid by City.
The City reserves the right to require the awarded proposer to provide a barge option
who shall be fully responsible for securing a barge, and all related costs, for displays on
the Intracoastal Waterway. The price for a barge shall include all costs including, but not
limited to, any required permits, port fees, loading and unloading, security and fuel. The
barge must be in the designated fireworks shooting location and fully prepared no later
than 6pm. The awarded proposer is responsible for securing the area around the
shooting location and will remain in that location until after the event when the City or
auxiliary services determines it can be moved safely.
Upon completion of the of the display, all equipment and debris related to the set -up and
discharge of fireworks display must be immediately removed after the show, and once
safe to do so, including retrieval and removal of any unexploded or defective fireworks,
frames, set and lumber. Awarded proposer will be fully responsible for any costs
incurred by the City in connection with debris left on the City's property. Awarded
proposer shall be responsible for any and all damage to fireworks location due to load -in
and load -out.
STAFFING
All fireworks areas utilized must be secured by professional personnel to oversee that
equipment and safety is not compromised, at no additional cost to the City.
A representative of the company that is authorized to legally bind and make decisions for
the company must be available by phone five (5) days prior to the display date. In the
event of an emergency, representative must be on -site within four hours of the
emergency. Representative must have radio or phone contact with personnel on the
barge (or at designated location for other firework displays).
Each display shall require two (2) professionally pyro- technicians (Display Operators).
Operators must be trained, certified and experienced in major electronically fired shows
and in the handling, transporting and discharge of fireworks. In addition, the Display
Operators must have the appropriate number of assistants to set -up and fire the display.
Display Operators and assistants shall be at least twenty -one (2 1) years of age.
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ii. Display Operators shall have experience as a Display Operator in at least five (5)
shows equal to, or greater than, the display to be provided to the City of Boynton
Beach.
iii. On -site Display Operators shall be named in the Qualifications Statement.
Changes to the Display Operators shall be pre- approved by the City.
CONTRACTOR'S RESPONSIBILITIES
Observe and comply with all of the current NFPA Code 1123, 1124 and 1126 and any
changes to the code enacted during the term of the contract.
File a permit application through the Boynton Beach Fire Rescue Department a
minimum of thirty (30) days prior to the display.
Abide by all police, fire, local, state and U.S. Coast Guard and marine patrol
requirements, as well as the Federal Aviation Administration. Obtain and provide a copy
of all applicable permits and approvals to City at least three (3) weeks prior to the show.
Permit costs are the responsibility of the awarded proposer.
Awarded proposer shall obtain, at their expense, all permits required and comply with all
federal, state and local ordinances.
Practice the most current and stringent industry safety standards at all times and comply
with all applicable laws and regulations.
ACCESS and INSPECTIONS
Awarded proposer must provide the Boynton Beach Fire Rescue with a detailed,
finalized shot list including all fireworks to be loaded on the barge, at least three (3)
weeks prior to the event.
Fireworks transfer within the City limits is prohibited without the express prior written
approval of the City and Boynton Beach Fire Rescue.
The Boynton Beach Fire Rescue shall be permitted to inspect any and all fireworks to be
used to determine compliance with all state and local requirements, including NFPA
1123, at any time, Awarded proposer shall correct any safety hazards deemed
necessary by Boynton Beach Fire Rescue.
Awarded proposer must be responsible for storage, and all related costs, of fireworks
prior to placement on the barge.
Deliver and secure fireworks to the loading area no later than 12:00 p.m. the day before
the show.
Provide notification at least forty -eight (48) hours in advance of inventory check, a
printed, detailed, itemized, inventory shipping list of all shells shipped for fireworks
display. If the display will be on a Sunday or Monday then notification shall be on the
Friday prior to the show. Notification must be directed to the Boynton Beach Fire
Rescue. Adequate time must be allowed for the Fire Inspector to do the final count and
inspection to include photographs.
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Provide any variations of the forty -eight (48) hour inventory check of all shells no later
than 10:00 a.m. on show day.
All fireworks packages shall be clearly labeled as to size, type, quantity and country of
origin and what shells contain multiple projections.
All firework shells utilized must have been tested and assigned "EX" numbers by the
appropriate regulatory agency.
Allow total access of contractor operations to the Boynton Beach Fire Rescue at all
times of the day at the shot site.
COMMUNICATIONS
Attend one pre -show meeting at City Hall, at least three 3 weeks in advance, that will
include load -in and load -out procedures, and City staffing required (e.g., Fire and Police
Services), with City Staff and Boynton Beach Fire Rescue at no additional cost to the
City. The date and time shall be at the discretion of the City.
Individual representing company, and all Display Operators, shall have a working cellular
phone and provide the designated City personnel with the cellular phone number.
If deemed necessary by the City, provide at least six (6) communication radios, at no
additional costs to the City, for direct contact between Display Operators (2), Boynton
Beach Fire Rescue Office (2), and City Staff (2), for the day of the show beginning with
the inventory check. Radio contact must be maintained throughout the day until the
show is completed and a basic verbal evaluation is completed.
In the event of any show deviations or misfirings, the awarded proposer shall
immediately notify authorized City Staff of the incident. The authorized City staff will be
identified in the pre -show meeting(s).
DISPLAY
Displays must begin promptly at 9:00 p.m. local time.
The display shall continue for no less than twenty (20) minutes with no period of time
from opening to finale where there is not a display in the air. The time of the display shall
not include any opening or closing commentary.
The display shall be synchronized to music. The play list, as well as timing and length of
each song segment, shall be sent to the City via an online transfer for pre - approval no
later than three (3) weeks prior to the show.
Displays must be put on by using electrical firing only.
The height of all fireworks shall be a minimum of 400 feet and shall not exceed 600 feet.
Fireworks shells must be between three inches (3 ") and ten inches (10 ").
Shows shall include a minimum of two special effects.
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Tails of shells shall not be counted as an additional or separate shots; however, shells
with tails shall be noted.
OPTIONAL BARGE REQUIREMENT
The City reserves the right to require the successful Proposer to provide a barge
option. The Proposer shall provide the price for the barge in their technical
proposal as an optional item.
2. The Proposer shall be fully responsible for securing a barge for the July 4t"
Fireworks Display and as additionally required. The price for a barge shall
include all incidental costs including any required permits, port fees, loading and
unloading, and fuel.
THE REMAINDER OF THE PAGE IS INTENTIONALLY BLANK.
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