2005-029 Bid Award for Fireworks to Pryo Engineering, Inc.RESOLUTION 29-2005
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
- BEACH, FLORIDA, ACCEPTING THE BID OF PYRO ENGINEERING, INC., D/B/A
PYRO ARTS BY BAY FIREWORKS, HUNTINGTON STATION, NEW YORK, IN THE
AMOUNT OF $20,000 FOR FOURTH OF JULY FIREWORKS DISPLAY AND
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A FIREWORKS SALES AGREEMENT WITH PYRO ENGINEERING, INC., D/BIA
PYROARTS BY BAY FIREWORKS ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT IS FOR THE PURPOSE OF SECURING A FIREWORKS DISPLAY FOR
THE VILLAGE'S JULY 4 CELEBRATION IN THE AMOUNT OF $20,000; FUNDS TO
BE EXPENDED FROM A8229-34932 (PUBLIC EVENTS); AND, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
accept the bid of Pyro Engineering, Inc., d/b/a Pyro Arts by Bay Fireworks, Huntington Station,
New York, in the amount of $20,000 for Fourth of July fireworks display and approve the
Fireworks Sales Agreement with Pyro Engineering, Inc., d/b/a Pyro Arts by Bay Fireworks
attached as Exhibit "A", which agreement is for the purpose of securing a fireworks display for
the Village's July 4, 2005 celebration. The monies are to be expended from A8229-34932 (Public
Events).
Section 2. Village Mayor and Clerk are hereby authorized and directed to execute the
Fireworks Sales Agreement set forth in Exhibit "A" for and on behalf of the Village of North
Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 24th DAY OF M~
(Village Seal}
ATTEST:
VILL GE CLERK
Village of North Palm Beach, Florida
Bid Summary Sheet
I3id Opening Igor: ~%j~/ ~pp~~ ~~ UATE: ,~ ~ ~ 'l'ime: 3:00 YM
No. of Bids Mailed Oui:
No. of Bids Received:
No. of Bids Qualified: NA
-Date Advertised: ~ /~ p~-
Due Date: a 9 O ~
Department:
Account Number:
Vendors: ,4 ,~ / ~ /2,~w~ ~s iZut~.C~.S ,~ - u~'G_1~ G~~~ r_.~~i/
Description ~D~~ /~~o~ ~,vfl~ ~/ f,~o~r/ ~.a~~/~/~,•¢- J~
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/~~O ~~5~'C G~/lam
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5% Bid Bond - Yes/No:
Cost/ltem (if nir ): NA
Total Item Cost: NA
Frei ht: NA
Grand Total: NA
Delive Date/Time: NA
Comment:
Vendors Present:
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'~" America's World Class Fireworks Leader Display Date: July 4, 2005
FIREWORKS SALES AGREEMENT -
^ AGREEMENT made this day March 15, 2005 by and between Pyro Engineering, Inc., whose address is 110 Route 110, Suite 102,
^ Huntington Station, New York 11746 (hereinafter) "PEI"; and Village of North Palm Beach, 603 Anchorage Dr., North Palm Beach, FL
33408 `~
^ (hereinafter."SPONSOR") ,
.. WHEREAS, PEI sells fireworks and conducts exhibitions of its products; and
~:~T WHER~gS,~SPONSOR wishes to purchase fireworks from PEI and PEI wishes to sell fireworks to SPONSOR:
~~T WHEREAS; SPONSOR wishes to retain the services of PEI as sole fireworks supplier and producer to conduct an exhibition of the fireworks purchased
from PEI;
NOW, THEREFORE; in .consideration of the terms, conditions and covenants hereinafter set forth, the parties hereto do mutually agree as follows:
1. DATE and LOCATION: On July 4, 2005 PEI shall sell and SPONSOR shall purchase the fireworks for delivery by PEI to
^ the following location: North Palm Beach, Florida
-- 2. EXHIBITION: On the delivery date specified in Paragraph 1, PEI shall provide the fireworks and equipment for the display at the Exhibition
~; Location. The display will be under the supervision of a PEI trained technician. It is agreed that PEI shall be the sole fireworks supplier and producer for ~'
,~, the event contracted for herein. '
^ 3. COST and PAYMENTS: .~,
,~ TOTAL AGREEMENT PRICE: $20,000.00 (Twenty Thousand Dollars) ,
^~ Total sales (and service contract price if applicable): $20,000.00~~~
^ applied to this sales shall be paid by Official Bank Check made paya(b e t Pyro EngiDneler ingplnc shallbe pa d on J ly 4 2005ts and fees that may be ~;
4. INCLEMENT WEATHER: If the delivery and/or display of the fireworks is postponed by reason of inclement weather, and the Village does not ~:<
wish to reschedule Bay Fireworks shall be entitled to 50% of the contract price.
INCLEMENT WEATHER DATE: July 5, 2005 ~~
5. SPONSOR'S AGENT: Mr. Mark Hodgkins (561-841-3384) shall be designated as SPONSOR agent to whom all questions and inquiries shall be ``
.: relayed. SPONSOR agent hall be the only agent of SPONSOR authorized to request inclement weather rescheduling of the delivery and exhibition of '
f the fireworks on the part of SPONSOR.
,:,, ..
^,.
' 6. MATERIALS and DELIVERY: PEI will deliver all fireworks materials purchased by SPONSOR to display site. ^
7. EXHIBITION PLANNER CHECKLIST: It is agreed and understood by SPONSOR that the delivery of the fireworks and their display by PEI if \"'~
applicable, shall be contingent upon the strict compliance by SPONSOR with all items specified on the Exhibition Planner Checklist (EPC) which is
annexed hereto and made a part hereof, and that the failure of SPONSOR to so comply with all requirements set forth in the EPC to the satisfaction of~r
PEI within the time limits therein set forth shall be deemed to be a default of SPONSOR'S obligations hereunder.
8. SECURITY: SPONSOR shall provide and maintain before, during and after the exhibition until the pyrotechnician in charge declares the area ~"
clear, security lines, police protection, snow fencing, rope lines, barricades as deemed necessary by the local government, or as deemed necessary by ::
PEI. SPONSOR shall also provide and maintain an area clear of any buildings cars and spectators with a minimum radius as specified by NFPA Code~wr
1123-1995 as a Fire Safety Zone (FSZ) during the entire period commencing from the time the fireworks are delivered to the site until after the.;'..
exhibition. It is understood that PEI will cease all fireworks discharge due to any security breach of the FSZ. PEI shall not be responsible for personal"
injury, vehicle or property damage occurring within the FSZ as a result of the failure of SPONSOR to maintain aforementioned FSZ. SPONSOR'^'
acknowledges and agrees that PEI responsibilities are limited to the sale and exhibition of the fireworks and that PEI is relying on SPONSOR to`:
maintain the aforementioned FSZ and to comply with all Federal, State, municipal and local laws, orders, regulations and ordinances pertaining to the;,
implementation of any and all security measures at the site of the exhibition of fireworks. Any inspections made by or on behalf or SPONSOR shall be
in accordance with NFPA 1123-1995, and under the direct supervision of the PEI technician in charge. Any such inspection shall not in any way
interfere with the safety, setup or schedule of the installation and disassembly of the fireworks exhibition. The PEI technician in charge shall, at his'-=
~etion, cancel any inspection that in his opinion may compromise the safety or the setup schedule.
r~ease initial each ge.
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9. CREDITS: As a material inducement to PEI agreeing to enter into this Agreement, SPONSOR shall give PEI program credit as sole fireworks
supplier and producer in all press releases, advertising, and any other program announcements, printed or otherwise.
10. TEMPORARY DISCONTINUANCE DURING SERVICE: Any temporary discontinuance during the discharge of said fireworks shall not constitute
a breach by PEI of the terms of this contract.
' 1. CONTRACT SUBJECT to GOVERNMENT REGULATION: This Agreement and PEI obligations hereunder are subject to all governing Federal,
estate, Municipal and local laws, rules, ordinances, regulations and codes, now or hereinafter in effect, and to the conditions and limitations contained in
the permits required to be obtained by SPONSOR prior to the delivery and exhibition of the fireworks. In the event any Federal, State, municipal or
local law, rule, regulation or ordinance shall be enacted which in any way prohibits, limits or restricts the sale, performance or operation of the exhibition
of the fireworks described herein or in the event SPONSOR'S permit in any way limits or restricts the sale, performance or operation of said exhibition,
PEI shall limit or restrict its performance or exhibition of the fireworks and/or substitute such equivalent fireworks so as to comply with such law, rule,
regulation or ordinance of SPONSOR'S permit. SPONSOR acknowledge that any such limit or restriction placed on the performance or operation of
the fireworks exhibition, or any substitution of different fireworks by PEI shall in no way result in or entitle SPONSOR to a reduction or abatement in the
full contract price.
12. GENERAL PROVISIONS:
1. PEI shall not be liable for weather or atmospheric conditions that interfere with or delay the performance or aesthetic quality of the fireworks.
2. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof, and may not be changed,
modified, renewed or extended except by a written Agreement, signed by both parties, SPONSOR acknowledge and agrees that PEI has not
made any representations or warranties except other than those specifically set forth in this contract.
3. SPONSOR will be responsible for the payment of all governmental fees and taxes, including, but not limited to, sales, use, excise, license,
permit, entertainment, or other fees, taxes or surcharges imposed or otherwise applied to this exhibition.
4. Should any clause, section, or part of this Agreement be held or declared to be void or illegal for any reason, all other clauses, sections, or
parts of this Agreement which can be effected without such illegal clause, section, or part shall nevertheless continue in full force and effect.
5. SPONSOR is responsible for removal of all debris associated with the fireworks.
6. Any and all disputes, controversies, actions, claims, causes of action, or proceedings arising under, out of, or in connection with or relating to
the terms of this contract, and any amendment thereof, commenced by, between or against any of the parties of this contract shall be
deemed to have risen from a transaction of business in Florida.
7. PEI is not responsible for procuring barges, towing or dockage. Should SPONSOR require these services, PEI may, upon written request,
assist SPONSOR in the location and contracting of such services.
8. PEI agrees to procure liability insurance on behalf of SPONSOR, and to indemnify SPONSOR, to the extent thereof, for all claims arising out
of PEI negligence in excess of $2,500 (Two Thousand Five Hundred Dollars).
9. PEI agrees to indemnify and save and hold the Village of North Palm Beach, its Council, employees and agents, harmless of and from any
and all claims, costs, losses and damages or personal injury as a result of PEI negligence, which indemnification shall include, but not be
limited to, a reasonable attorneys fees and all costs in Village defending itself both at the trial and appellate levels. In any litigation between
the parties in regards to this agreement the prevailing party in such litigation shall be entitled to recover from the non-prevailing party a
reasonable attorney's fees and all costs of litigation both at the trial and appellate level.
13. SPONSOR'S DEFAULT: In the event SPONSOR shall fail to pay any sum when due under the terms of this contract, SPONSOR does further
agree that it shall pay PEI reasonable attorney fees and court costs in the event PEI shall commence suit or incur fees to compel SPONSOR to pay any
sums due hereunder or otherwise as a result of SPONSOR'S default of any of the terms and provisions herein contained.
14. LIQUIDATED DAMAGES: It is agreed by and between the parties hereto that in the event of SPONSOR'S default hereunder, PEI damages to
such amount, interest at the rate of 1-1.5% per month on the unpaid amount from the original due date. SPONSOR agrees that in the event of its
default, at the option of PEI, the entire contract price shall be and become immediately due and payable.
15. SUBSTITUTIONS: PEI shall have the right, at its discretion, to substitute any fireworks it deems necessary provided same does not detract from
the aesthetic value or quality of the program. This includes, but is not limited to, shell sizes, quantities, types and brand names. Any substitutions shall
in no way result in or entitle SPONSOR to a reduction or abatement in the full contract price.
16 . In any litigation between the parties in regards to this agreement the prevailing party in such litigation shall be entitled to recover from the non-
prevailing party a reasonable attorney's fees and all costs of litigation both at the trial and appellate level.
17. BINDING EFFECT: This contract shall not be binding on PEI until executed by SPONSOR and PEI and PEI is in receipt of the deposit required hereunder.
18. EXHIBITION PLANNER CHECKLIST (EPC):
a. FIREWORKS DISPLAY PERMIT:
SPONSOR'S RESPONSIBILITY: Call your State, City, County, Town, Borough, or Village Fire Marshal or other appropriate authority to file for
and obtain the Fireworks Display permit. Upon receipt of vour permit, you must send the permit to our office for our records no later
than 30 days prior to vour displav date. Failure to do so could seriously jeopardize vour displav. Obtain information on:
1. Filing application deadline and fees.
2. If any local land state fireworks license for transportation or display is required. If one is required, fax all forms immediately to us.
3. Fire Marshal's requirements for security of fireworks truck upon arrival, and the security of the fire zone before and during the display.
4. Federal regulations require that we carry an accurate route plan to the display site. Fax us a copy of the route instructions from the nearest
US Interstate to the display area (approved by the fire marshal or other authority, if necessary).
5. Notify FAA on day of your display, according to the instructions in the FAA Letter of Approval, which will be forwarded to you prior to your
display.
,... Please initial each pa
Initial here:
S on or )))""""' PE/ I
b. COAST GUARD PERMITS (where reauiredl:
1. If the fireworks are to be displayed on or near the water, the following may be required: (Permits must be filed for at least 45 days prior and
120 days prior for 4th of July events)
2. Coast Guard Application and Permit to Handle Hazardous Materials.
3. Coast Guard Marine Event Permit
c. SPONSOR RESPONSIBILITIES and EXPENSES (The followins;l services need to be provided and Daid for by the SPONSOR in addition
to the total Fireworks Contract.
1. SECURITY: MUST BE PROVIDED FOR FIREWORKS EQUIPMENT AND TO MAINTAIN THE FIRE SAFETY ZONE AT STAGING AREA
FROM FIREWORKS TRUCK(S) ARRIVAL, UNTIL COMPLETION AND CLEAN-UP OF DISPLAY AND TRUCK DEPARTURE.
2. Sand: Please provide 0 yards of sand
d. RADIO SIMULCAST EXPENSES (if applicable):
1. Setup and staff a fireworks simulcast command center on site by 1:00 PM on the display date.
2. Provide broadcast relay to PEI Firing Center. Call our office for details.
3. Speaker system for VIP viewing stands.
e. INSURANCE: Please list below the additional insured, as they should appear on the insurance certificate:
1. Villa a of North Palm Beach 3,
2. /l 4.
?~ s~ ~ a
Date
Print Nail l~ 1w~1(,~ /
Title
3a o'
ate
State of: ~~02/ ~ County of: ~`~ ~~~
On this ~~~~~ day of /~ 200„5 before me personally came to me known to be the individual described in
and who exec~u/te~d the f/oreg ing Fireworks Sales Agree ent, and acknowledges h/a/t h /she executed said Agreement.
Notary:-1~~~' [1 ~~6.~/l~I . ~~ ~ ` Date: ~Y ~~
Commission Expires:
Signature:
~~~ ~~~ MELISSA A. TEAL
~ MY COMMIS910N M DD 031444
~orF~~~~ EXPIRFS:July13,2005
1-B043NOTARY FL NOtMY ~^a i ~~~~ Inc.
Please initial each pag
Initial here:
Sp so PEI
PYRO ENGINEERING, INC.
DISPLAY SITE PLAN QUESTIONNAIRE
SPONSOR: Village of North Palm Beach, 603 Anchorage Dr., North Palm Beach FL 33408
Display Date: July 4, 2005 Rain Date: July 5, 2005 Budget: 20 000
Display Location: North Palm Beach Country Club
Time of Display: 9:OOpm
IMPORTANT: PLEASE PROVIDE A SITE PLAN FOR YOUR EVENT LOCATION, INDICATING WITH AN X THE
EXACT SPOT WHERE FIREWORKS ARE TO BE SET-UP.
Local Fire Marshal: J. D. Armstrong
Pager No:
Tel ephoneNo:561882-1141
Crew Contact Person :Mark Hodgkins Telephone No:561 841-3384
Pager No:
The Following information is necessary in order for us to provide your community or organization with a display
that conforms with fireworks safety regulations and for the issuance of your insurance certificate.
DISTANCES, IN FEET, FROM THE FIRING AREA TO THE FOLLOWING: FEET
SPECTATORS, AUDIENCE OR PARKED CARS ...................................................750
OCCUPIED BUILDINGS (HOMES, APARTMENTS, ETC.) ..................................... 750
PUBLIC BUILDINGS (SCHOOLS, HOSPITALS, CHURCHES, ETC.) ...................... 6000
TEMPORARY EVENT SET-UPS (CONCESSIONS, TENTS, ETC.) ........................... 900
MAIN PARKING AREAS .................................................................................. 2000
HIGHWAYS OR ROADS .................................................................................. 2000
OVERHEAD OBJECTS (POWER LINES, LIGHT POLES, TREES, ETC ..................... 2000
FUEL STORAGE ............................................................................................. 1500
PLEASE PROVIDE DIRECTIONS FROM NEAREST INTERSTATE TO DISPLAY SITE. A MAP WOULD ALSO BE
HELPFUL.
Local Motels/Hotels: Telephone Nos.
/ ~/
Signature Title:
Date 7 f ~'~/~
IMPORTANT: Please return this completed document to our office at least 30 days prior to your display date.
Please initial each page.
Initial here:
ponsor
PEI