Res No 138-22-15891RESOLUTION NO. 138-22-15891
A Resolution authorizing the City Manager to enter into a multi-year agreement
with Party Sparks, Inc. for a fireworks display show in celebration of Fourth of July.
WHEREAS, the City of South Miami hosts a Fourth of July celebration each year at Palmer
Park for its residents. The celebration entails food, live entertainment, kid's activities, and a
fireworks display show by a qualified and experienced vendor; and
WHEREAS, the City issued two (2) formal solicitations for Fireworks Display Services and
no bids were received for both solicitations. The first bid closed on August 9th and the second
bid closed on September 8th ; and
WHEREAS, the City's Parks and Recreation Department then contacted four (4) firms for
informal quotes, using the same scope of services as in the formal solicitations and received two
(2) bid responses; and
Bidder(s) Bid Price (S Year Term)
Party Sparks, Inc.✓ $75,000
My Three Sons Fireworks Company $91,171
WHEREAS, city staff finds Party Sparks' bid proposal to be responsive and responsible.
Party Sparks, Inc has many years of experience as well as a solid track record in providing high
quality fireworks display service for the City under its previous name, Light F/X Pros; and
WHEREAS, the agreement term is for an initial period of 3 years, with one (1) two (2) year
renewal, for a contact term not to exceed five (S) consecutive years. At the discretion of the City
Manager, the contract may be extended for the renewal period; and
WHEREAS, the contract amount total shall not to exceed $75,000 for the five-year term.
Term{s) Annual Total
Year 1 $15,000
Year 2 $15,000
Year 3 $15,000
Year4 $15,000
Year 5 $15,000
TOTAL $75,000
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this resolution upon adoption hereof.
Page 1 of 2
Res. No. 138-22-15891
Section 2. The City Manager is hereby authorized to execute an agreement and to
procure fireworks display services with Party Sparks, Inc. for an initial period of 3 years, with one
(1) two (2) year renewal, for a contact term not to exceed five (5) consecutive years. The contract
amount shall not exceed $75,000 over a five-year term. The total expenditure shall be charged
to the Parks and Recreation Special Events account number 001-2000-572-4820.
Section 3. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will
not affect the validity of the remaining portions of this resolution.
Section 5. Effective Date. This resolution will become effective immediately upon
adoption.
PASSED AND ADOPTED this 18th day of October, 2022 .
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY, AND
EXECUTION THEREOF
COMMISSION VOTE:
Mayor Philips:
Commissioner Harris:
Commissioner Gil:
3-2
Nay
Nay
Yea
Commissioner Liebman : Yea
Commissioner Corey: Yea
Page 2 of 2
Agenda Item No:13.
City Commission Agenda Item Report
Meeting Date: October 18, 2022
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to enter into a multi-year agreement with Party Sparks, Inc. for a
fireworks display show in celebration of Fourth of July. 3/5 (City Manager-Parks & Recreation Dept.)
Suggested Action:
Attachments:
Memo-Fireworks Display Services.docx
Resolution-Fireworks_Display_Services (QP).docx
8.9.22 - Bid Opening Report RFP PR2022-15.pdf
9.8.22 - Bid Opening Report RFP PR2022.pdf
Party Sparks, Inc.pdf
City Attorney's Email.pdf
MDBR Ad.pdf
Miami Herald Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE:October 17, 2022
SUBJECT:A Resolution authorizing the City Manager to enter into a multi-year
agreement with Party Sparks, Inc. for a fireworks display show in
celebration of Fourth of July.
BACKGROUND:The City of South Miami hosts a Fourth of July celebration each year at
Palmer Park for its residents. The celebration entails food, live
entertainment, kid's activities, and a fireworks display show by a qualified
and experienced vendor.
The City issued two (2) formal solicitations for Fireworks Display Services
and no bids were received for both solicitations. The first bid closed on
August 9th and the second bid closed on September 8th. The City’s Parks
and Recreation Department then contacted four (4) firms for informal
quotes, using the same scope of services as in the formal solicitations and
received two (2) bid responses as follow:
Bidder(s)Bid Price (5 Year Term)
Party Sparks, Inc.$75,000
My Three Sons Fireworks Company $91,171
City staff finds Party Sparks’ bid proposal to be responsive and
responsible. Party Sparks, Inc has many years of experience as well as a
solid track record in providing high quality fireworks display service for
the City under its previous name, Light F/X Pros.
CONTRACT PERIOD:The agreement term is for an initial period of 3 years, with one (1) two (2)
year renewal, for a contact term not to exceed five (5) consecutive years.
At the discretion of the City Manager, the contract may be extended for
the renewal period.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
EXPENSE: Five (5) year contract total shall not to exceed $75,000.
Term(s)Annual Total
Year 1 – July 2023 $15,000
Year 2 – July 2024 $15,000
Year 3 – July 2025 $15,000
Year 4 – July 2026 $15,000
Year 5 – July 2027 $15,000
TOTAL $75,000
ACCOUNT:The total expenditure shall be charged to the Parks and Recreation Special
Events account number 001-2000-572-4820, which has a remaining
balance of $91,000.
ATTACHMENTS:Resolution
August 9th Bid Opening Report
September 8th Bid Opening Report
Proposal: Party Sparks, Inc.
City Attorney’s Email
3
EXHIBIT 5
CONTRACT
FIREWORKS DISPLAY SERVICES
THIS CONTRACT, entered into thi {I[Jday of October 2~by the CITY
OF SOUTH MIAMI through its Manager, both of whom shall b erei nafter referred to as the
"CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
skamali@souchm iamifl.eov and Party Sparks, Inc with an office and principal place of
business located at:4401 NW 87 Ave, 4505 Doral FL 3317§ and E-mail address of ernie@l ightfxp ro s.com
and Facsimile transmission number of 786-419-4959 (hereinafter called the
"CONTRACTOR".
WITNESSETH:
WHEREAS, the CITY needs FIREWORKS DISPLAY SERVICES; and
WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required goods and/or
services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and
capable of providing said goods and/or services in a professional and timely manner and in accordance
with the CITY's goals and requirements; and
WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
(I) Engagement of Contractor: Based on the representations of CONTRACTOR as set out
in the following documents the CITY hereby retains CONTRACTOR to provide the goods and/or services,
all of which is set forth in Scope of Services, as modified by the Contract Documents, (all of which is
hereinafter referred to as the Work").
• Respondent's Bid Form, attached as "Exhibit 3
• Respondents Cost & Technical Proposal attached as "Exhibit 4"
(2) Contract Documents: The Contract Documents include this Contract and the forgoing
documents (in paragraph (I) above) and the following documents, as well as any attachments or exhibits
that are made a part of any of the Contract Documents:
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Solicitation documents for FIREWORKS DISPLAY SERVICES
RFP #PR2022-20 ..
This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification
Requirements take precedence over the response to the FIREWORKS DISPLAY SERVICES RFP
#PR2022 -20 including the CONTRACTOR's Bid Form and CONTRACTOR/ Respondent's Cost and
Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (I) above,
and in this paragraph, are attached hereto and made a part hereof by reference.
(3) Date of Commencement: CONTRACTOR must commence the performance of the
Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order,
(hereinafter referred to as the "Work Commencement Date"). Time is of the essence.
(4) Primary Contacts: The Primary Contact Person in charge of administering this Contract
on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or their written designee. The
Pr imary <;ontact Person for CONTRACTOR and his/her contact information is as follows: Name:
Ernest Ruiz · e-mail: em le@llghtfxpros.com · Fax: 786-419-4959 Street Address:
4401 NW 87 Ave, 405 Doral FL 33178,
(5) Scope of Services: The goods and/or services to be provided are as set forth in the Scope
of Services, attached as "Exhibit I.
(6) Compensation: The CONTRACTOR's compensation under the terms and provisions of
this Contract (hereinafter referred to as the Contract Price) is as set forth in
CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4,
unless modified in writing signed by the CITY and CONTRACTOR.
(7) Hours of Work: It is presumed that the cost of perfo rmi ng the Work afte r regular working
hours, and on Sunday and legal holidays, is included in the Con tract Price. However, no t hing contained
here!n authorizes work on days and during hours that are otherwise prohibited by ordina nce unless
specifically authorized or instruct ed in w ri t ing by the City Ma na ge r , the Assistant City Manage r, or their
written designee.
(8) Time Provisions: The term of this Contract commences on the Work Commencement
Date and continues for THREE ID Years, with One (I) TWO (2) Year Option-to-Renew, for a
term not to exceed FIVE (5) Consecutive Years. The Option to Renew is at the discretion
of the City Manager, unless the Contract is earlier terminated in accordance with the Contract
Documents.
(9) Termination: This Contract may be terminated without cause by either party with a thirty
(30) day written notice to either party. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the other Contract Documents.
(10) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County,
Florida.
(11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Contract or the goods and/or services to be performed
hereunder and shall commit no trespass on any private property in performing any of the work embraced
by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract
is deemed to be inserted herein and this Contract must be read and enforced as though such provisions
and/or clauses are included herein.
I) Change Orders: No additional Work or extras shall be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents.
( 12) Licenses and Certifications: CONTRACTOR must secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
( 13) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event
that any of the Contract Documents provide for indemnification, nothing contained therein may
be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute,
Section 786 .28 and anything to the contrary contained therein is null and void and of no force or effect.
( 14) Jury Trial Waiver: The parties waive their right to jury trial.
( 15) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Contract is required to be approved by the City Commission, all amendments thereto must be
approved in the same manner and with the same formality as this Contract if in the opinion of the City
Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may
not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay
in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the
Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any
act or omission.
( 16) Public Records: CONTRACTOR and all of its subcontractors are required to comply with
the public records law (s.119 .070 I) while providing goods and services on behalf of the CITY and the
CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this
Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public
records required by the public agency to perform the service; (b) Upon request from the public agency's
custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law; (c) 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 contract term and following completion of the CONTRACTOR
if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of
the contract, transfer, at no cost, to the public agency all public records in possession of the
CONTRACTOR or keep and maintain public records required by the public agency to perform the
service. If the CONTRACTOR transfers all public records to the public agency upon completion of the
contract, the CONTRACTOR muse destroy any duplicate public records that are exempt or confidential
and _exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains
pubhc records upon completion of the contract, the CONTRACTOR must meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the public
agency, upon request from the publ ic agency's custodian of public records, in a format that is compatible
with the information technology systems of the public agency.
2) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset
Drive, South Miami, FL .33143.
( 17) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified
mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile
transmission and will be deemed delivered on the date shown on the e-mail, or delivery confirmation for
any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown
as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with
the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered
to have been delivered. Notices must be delivered to the following individuals or entities at the addresses
(including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Fax: (305) 341-0584
E-ma il: tpep e @sout hmiami fl.~o v
Ernest Ruiz -Party Sparks Inc
4401 NW 87 Ave, 405 Doral FL 33178
emie@lightfxpros.com
( 18) Corporate Authority. The CONTRACTOR and its representative who signs this Contract
hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have
exercised, the required corporate power and that they have complied with all applicable legal
requirements necessary to adopt. execute and deliver this Contract and to assume the responsibilities
and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized
corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and
constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and
provisions.
3) Background Screening. All personnel and volunteers that will provide any service with
vulnerable persons, as defined in Section 435.02, Fla. involving the City or its Agency in such related
activity or who may have access to secure or sensitive areas of the City, must be in compliance with
Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to
the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its
personnel, including volunteers, from engaging in any such related activities without having passed a
background screening to the satisfaction of the City. A violation of this requirement shall constitute a
substantial breach of this Contract.
( 19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by
reference.
(20) Transfer and Assignment. The services under this Contract may not be subcontracted
or assigned without prior written consent from the CITY which may be denied without cause.
(21) Most Favored Public Entity. CONTRACTOR represents that the Contract Price
negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for
the same or substantially similar items or services for comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR's price
to other clients decreases when providing the same goods or services as provided to CITY with the same
comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other
material cost factors, CONTRACTOR must immediately extend the same price to CITY.
(22) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with
Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E-
Verify system to verify work authorization status of all employees hired after January I, 2021. The
CONTRACTOR and all subcontractors must comply with and be bound by the following:
(a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with
an affidavit stating that the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's
affidavit as part of and pursuant to the records retention requirements of this Contract;
(b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person
or entity with which it is contracting has knowingly violated Section 448.09( I), Fla. Stat. or
the provisions of this section must terminate the contract with the person or entity;
(c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of
this section, but that the CONTRACTOR otherwise complied, must promptly notify
CONTRACTOR and CONTRACTOR must immediately terminate the contract with the
subcontractor;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Contract is terminated pursuant to
paragraph b. or c. above;
(f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a
violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public
contract for at least one (I) year. CONTRACTOR further acknowledges that
CONTRACTOR is liable for any additional costs incurred by the CITY as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses
set forth in this Section, including this Subsection, requiring the subcontractors to include
these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in this Section
and CONTRACTOR's failure to enforce compliance is a substantial and material breach of
this Contract.
(23) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class" and Contractor must take all steps necessary to
prevent such discrimination by all of its employees, subcontractors and subconsultants who
are performing work for the City and must ensure nondiscrimination in all programs, services
and activities that are part of the Scope of Services. A violation of this paragraph is a
substantial, material breach of this Contract.
25.1 Contractor must include in all of its subcontracts the following clause:
Subcontractors and all of their employees, subcontractors and subconsultants, while
performing work for the City, including the hiring and retention of employees for the
performance of Work, are prohibited from discriminating against anyone on the basis of race,
color, religious family status, sex (including sexual orientation, gender identity and
intersexuality), height, weight, domestic partnership status, labor organization membership,
political affiliat ion, national origin, age, or disability, or any other classification that is federally
defined as a "protected class". Subcontractors must take all steps necessary to prevent such
discrimination by all of their employees, subcontractors and subconsulcants who are
performing work for the City and must ensure nondiscrimination in all programs, services
and activities that are part of the Scope of Services. A violation of this paragraph is a
substantial, material breach of this Subcontract.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date
first above written, with full knowledge of its content and significance and intending to be legally bound
by the terms hereof.
Witnessed:
By: Manuela Perez
ATTESTED:
By: IJ ~~ +
Nk;p Pay ~
City Clerk
Read and Approved as to Form, Language,
~;ey: aM ~:;~ ~~
Cl ~SOUTH ,,,11
By:~\_~<l_9=w_Ll_'
Shari Kamali
City Manager
END OF SECTION
EXHIBIT I
SCOPE OF SERVICES
FIREWORKS DISPLAY SERVICES
I. GENERAL REQUIREMENTS:
The work specified in this Request for Proposal (RFP) consists of furnishing all goods,
materials, supplies, and services necessary to provide a completed project that meets all
of the needs described in this Scope of Services and as otherwise described in this RFP
(the "Work"). The Work is to be performed per specifications and the contract
documents. The Work is to be performed in accordance with the specifications and the
contract documents (as defined in the Instructions for Respondents) that are provided to
the Contractor by the City as well as in accordance with those plans, drawings and
specifications that are required to be produced by the Contractor and that are approved
by the City. This includes but is not limited to keeping the project site clean and safe; the
furnishing all labor of the Contractor and the labor of all allowable subcontractors;
providing dumpster(s); disposing of materials; providing all necessary technical
specifications; all permits; all necessary equipment, including rental equipment, machinery,
tools, transportation and freight; coordination with any other City contractor,
subcontractors and utility companies (i.e. power, gas, water); erecting construction safety
measures, including fencing, privacy screening and cones, and ensuring that the safety
measure are in place at the end of each working day; cleaning the site at the end of each
working day; maintenance of traffic and hiring of off duty City police officer if required by
the City; and any other goods and services necessary to perform all of the Work.
In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and
other permits and licenses required to complete the Work. Permit fees are waived for
permits required to be issued directly by the City of South Miami. Permit fees charged by
other government entities, if required, are the responsibility of the
Respondent/Contractor; however, in all cases ; it is the responsibility of
Respondent/Contractor to secure any and all permits that may be required for this
project.
All of the Work must be reflected in the Respondent's proposal and, Exhibit
3, "Respondents Bid Proposal/' and Exhibit 4, Respondents Cost and Technical
Proposal.,.
All work is to be completed in accordance with the terms and conditions described in
Exhibit I, Scope of Services, all federal, state and local requirements, guidelines and
regulations included the Florida Building Code, the City of South Miami Land
Development Code, all applicable ordinances of Miami-Dade County, the City of South
Miami and the Americans with Disabilities Act (ADA) and if the project involves a City
park, public playground safety standards, rules and guidelines.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday-See Section 7-15 and 7-16 of the City's
Code of Ordinances.
IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR
AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS
SOLICITATION.
--
II. SPECIFIC REQUIREMENTS:
The City is soliciting proposals from highly qualified firms for a custom fireworks display
for a period of 15 minutes on the July 4ih holiday, each year, beeinnine July 4 th
, 2023.
The display shall commence at dusk or, approximately 9:00 PM. This work includes the
procurement, delivery, set-up and disposal of fireworks and all related materials and
equipment, and obtaining all permits related to fireworks.
As an alternative, the City's Parks and Recreation Department is interested in delivering
an eco-friendly fourth. For example, use of compressed air co lift fireworks and use more
white fireworks since they don't contain perchlorate which minimizes contamination of
yards and ground water. All "green" fireworks shall be limited since they're most likely
to contain barium.
a) Permits and Safety:
Respondent shall be responsible to secure all permits and conform to all municipal
regulations relating to fireworks displays. Respondent shall be responsible for
obtaining permitting through Miami Dade County Fire Department for the
Fireworks Display and, coordinating a final walk-through. The Respondent shall
verify and assume responsibility that the firing area provided by the City conforms
to NFPA Code I I 23-1995, which states that there must be at least 70 feet per
inch of shell diameter between firing site and any spectators, cars or buildings .
The display program requires a safety zone that has a radius of 350 feet, if 5" shells
are to be used.
The City of South Miami shall provide police and adequate parking supervision at
the designated locations and shall ensure the "Safety Zone" as marked and
secured by the Respondent, and is patrolled until the Respondent advises City
personnel that the "Safety Zone0 is no longer needed.
b) Site Location & Show Times:
The Fireworks Display shall be held at the City of South Miami's Palmer Park
located at 6100 SW 67 Avenue, South Miami, FL 33 I 43. The display shall
commence at dusk or, approximately 9:00 PM.
c) Contract Period:
The Contract term is for a period of three (3) years, with one (I) two (2) year
renewal, for a contract term not to exceed five (5) consecutive years. The renewal
period is at the sole discretion of the City Manager.
d) Rain Date:
In the event of inclement weather and the display must be cancelled on July 4; a
Rain Date of July 5 has been established; all prices, terms and conditions shall apply
and remain the same. Any changes to the established "rain date" shall be
coordinated and communicated with the Respondent and the City's Project
Manager for this project.
e) Minimum Shell Count:
Shell Count: The Respondent shall, at a minimum, provide a display that includes
the following estimated shell count:
TOTAL
OPENING OPENING BODY FINALE SHELLS
2.5 Shells 72 72 144
3" Shells 120 300 420
4" Shells 18 198 72 288
5'' Shells None None None None
CAKES 600 Shots 1200 Shots 1800 Shots
f) Fireworks Effects:
The display shall include, but not be limited to, the following fireworks effects:
• ASSORTED MINES, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS -bursts resembling a round and weeping flower
pattern,
• WHISTLES -a break of color, followed by whistles,
• SCREAMING DRAGONS -a break of bright magnesium colors followed
by loud screaming whistle,
• GOLD FLITTER, SILVER OR GIL TER CROSSETTES -exploding
comets crackling into crisscrossing effects,
• FANCY STAR SHELLS -Assorted brilliant colors in various patterns,
• SPIDERWEBS -long hanging fine webs of gold or silver,
• TOURBILLIONS-titanium silver spinning effects,
• RINGSHELLS -assorted ring patterns of different colors of one, two, three
or five different colors,
• GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES -
a palm tree image with trunk-like different forms,
• ASSORTED TWO and THREE COLOR CHANGING
CHRYSANTHEMUMS & & PEONIES -two or three distinct color
changes that resemble a round and weeping flower pattern,
• STROBES -a variety of bright twinkling shells,
• ASSORETED COLOR BROCADES -a dense golden, silver or assorted
color effect ending at the tips with an umbrella-like canopy cascading and falling
low,
• MUL Tl-BREAK SALUTE SHELLS -a variety of salute effects that
incorporate multiple powerful reports into the display,
• ASSORTED COMETS, bright luminous thick tail with comet-like
appearance with various colors,
• ASSORTED TIGERTAILS, similar to comets,
• ASSORTED MINES, projects various types of effect and colored stars that
are launched and ignited at a low altitude,
• TITANIUM SALUTES -these shells explode into a burst of brilliant white
lights and booming reports,
• ASSORTED COLOR & CRACKLING EFFECTS -assorted color
peonies and chrysanthemums with crackling effects,
• WILLOWS -very fine lines with an umbrella like effect cascading slowly.
Note: Additional fireworks may be acceptable upon review and approval by the City's
Project Manager for this event.
Ill. SITE LOCATION:
The firework display project will be held at Palmer Park located at 6100 SW 67
Avenue, South Miami, FL 33143. Any changes to the site location and show time shall
be coordinated and communicated with the Respondent and the City's Project Manager
for this project a minimum of thirty (30) days prior to the scheduled show time and date.
IV. DESIGN PLANS AND SPECIFICATIONS:
Please refer to Exhibit I, "Scope of Services," section II. "Specific
Requirements."
V. PRICING -ANNUAL PRICING:
Proposal pricing must be submitted annually for each year of the Agreement by completing
Exhibit 4, ''Respondents Cost and Technical Proposal" and shall include all cost
associated with completing this project as outlined in the scope of services and associated
design construction plans. It is the City's intention to award this project to a single
Contractor.
THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE
RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED.
VI. PROJECT DURATION:
The project duration and completion for this project is N/ A from issuance of a Notice to
Proceed/Purchase Order/Email Notification from the City's Project Manager. A Purchase
Order will be issued each year for the July 4 th event.
SPECIAL NOTE
A PERFORMANCE AND PAYMENT BOND IS (NOT) REQUIRED FOR THIS
PROJECT.
END OF SECTION
Insurance
EXHIBIT 2
FIREWORKS DISPLAY SERVICES
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the Stace of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Coml?rehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
limits of coverage equal to those required for Bodily Injury Liability and Property Damage
Liability.
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella 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 with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
B. All ~eductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSULT ANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated A.VII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or "personal and advertising injury" and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten ( I 0)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason. The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
e, If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigat ion, mediation,
arbitration and at all appellate levels, which may be suffered by , or accrued against, charged to or
recoverable from the City of South Miami. its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT.
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement, or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns , or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must
apply and this subparagraph must set forth the sole responsibility of the design professional concerning
indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to
its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the design professional and other persons employed
or utilized by the design professional in the performance of the contract.
END OF SECTION
EXHIBIT 3
FIREWORKS DISPLAY SERVICES
RESPONDENTS
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL33l43
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services) for the Proposed
Price as set forth below, within the Contract Time and in accordance with the other terms and conditions
of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work. site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that:
i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
swdying) all such examinations, investigations, explorations, tests and studies in addition to or to
supplement those referred to In this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utility companies will create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, will not be entided to a change order
for any such condition discovered thereafter.
ill. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
Iv , Respondent has reviewed and checked all information and data shown or indicated in the Solicitation
Package or In the Contract Documents with respect to existing Underground Facilities or conditions
at or contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional examinations, Investigations,
exploradons, tests, reports or similar Information or data In respect to any Underground Facilities or
cond iti ons are, or will be, required by Respondent in orde r t o perform and furn ish the Work at the
Contract Price, within the Contract Time and in accor dance w ith the other terms and conditions of
the Contract Documents unless the Proposal specifically stat es that the contra ct price is subject to
adjustment for future discovery of underground facilities and/or condit io ns that affect the cost of the
Work and unless the respondent makes a written request to the City for additional information prior
to submitting the bid or proposal as required in subsection ii above,
d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submiued pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install
all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of
Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change
orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of
Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As
such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services
necessary to provide a complete, in place, Project for the Proposal Price . If this Solicitation requires the
completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this
Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price,
otherwise, the Contract Price for the completed work is as follows:
PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL
Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the
proposal non-responsive .
5. The ENTIRE WORK for project in accordance with Exhibit I shall be completed, in full, within N/A
from the Commencement Date set forth in the NOTICE TO PROCEED . Failu r e to complete the entire
work during the described time will result in the assessment of liquidated damages as may be set forth in
the Contract.
6. Insert the following information for future communication with you concerning this Proposal :
RESPONDENT: Ernest Ruiz-Party Sparks, Inc
Address: 4401 NW 87 Ave, 405, Doral, FL 33178
Telephone: 305-760-4969
Facsimile: 786-4 19-49 59
Contact Person Ernest Ru iz or Orlando Robinson
7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference.
9. This proposal is submitted by Ernest Ruiz whose address is 1 812 SW 1 2 4 Pl , Miami
FL 33175 , whose telephone number is 305-342-2403 , whose fax number is 786-419-4959
whose email address is ern ie @lig htfxp ros.com and whose authorized
representative signing this Bid Form is Ernest Ru iz w hose title is Owner
I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
with any appropriate blank boxes, if any, checked and any blank lines filled In with the appropriate
information contained in the Solicitation Documents and this Proposal , or such information that th e City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City In
writing, including e-mail confirmation, if any. I hereby certify under penalties of per jury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity ,
that I have authority to sign contracts for that entity and bind ic to those contract terms and th at all of the
information an ~--....-::"""erein are true and correct.
Date of Execution: ___________ _
END OF SECTION
EXHIBIT 4
RESPONDENTS COST & TECHNICAL PROPOSAL
FIREWORKS DISPLAY SERVICES
PRICING SHOULD BE SUBMITTED IN ACCORDANCE WITH EXHIBIT I,
"SCOPE OF SERVICES, ATTACHMENT A
RESPONDENTS SHALL COMPLETE EXHIBIT 4, RESPONDENTS COST AND
TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT
IN THE SUBMITTAL DEEMED NON-RESPONSIVE AND DISREGARDED FROM
FURTHER CONSIDERATION.
YEAR
YEAR I; 2023
YEAR2; 2024
YEAR 3; 2025
YEAR 4; 2026
YEAR 5; 2027
TOTAL FIVE (5)
YEARS
SUBMITTED THIS
PROPOSAL SUBMITTED BY:
Party Sparks, Inc
ANNUAL PRICE
$
$ 000
$
$
$
~,,-..;th.........._1-=,--,.,,,.u,_S ...... /: __ 2o_z_"2...
305-760-4969
Telephone Number
786-419-4959
Fax Number
ernie@lightfxpros.com
Email Address
END OF SECTION
6
BID OPENING REPORT
Proposals were received on: Tuesdav. August 9. 2022 after: 10:30 am
For: RFP #PR2022-15 FIREWORKS DISPLAY SERVICES
COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: NIA
NO BIDS RECEIVED
THE ABOVE PROPOSALS HA VE NOT BEEN CHECKED.
THE PROPOSALS ARE SUBJECT TO CORRECTION AFTER THE PROPOSALS HA VE BEEN
COMPLETELY REVIEWED.
Witness: cS72::::U:=: ~LI C /c
Print Name
Witness: Jo hia Wehdc /
Print ame
7
BID OPENING REPORT
Solicitation Oosed on: September 8, 2022 AT: 10:00am
For: RFP #PR2022-20 FIREWORKS DISPLAY SERVICES
COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: NIA
NO BIDS RECEIVED
THE ABOVE PROPOSALS HA VE NOT BEEN CHECKED.
THE PROPOSALS ARE SUBJECT TO CORRECTION AFTER THE PROPOSALS HA VE BEEN
COMPLETELY REVIEWED.
8
l liE ITV Of P l EA A T I IV ING
CITY OF SOUTH MIAMI
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
SUBMITTAL DUE DATE: September 8, 2022 at IO AM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Proposal", "RFP" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for Proposals"
or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for the City
of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to
mean the City of South Miami.
The City is hereby requesting sealed proposals in response to this RFP #PR2022-20, FIREWORKS DISPLAY
SERVICES. The purpose of this Solicitation is to contract for the services necessary for the completion of the
project in accordance with the Scope of Services, (EXHIBIT I) and the plans and/or specifications, if any, described
in this Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address
for solicitation information . Proposals are subject to the Standard Terms and Conditions contained in the complete
Solicitation Package, including all documents listed in the Solicitation.
The City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Proposals must be received electronically through DemandStar, no later than I 0:00 A.M. local time (the
"Closing Date") on September 8, 2022 and any Proposal received by the City through DemandStar after I 0:00
a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
E-B1D OPENING VIA VIDEO CONFERENCING:
The opening of E-Bids for this solicitation will occur at I 0:30 A.M. local time on (the Closing Date, September
8, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform.
Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on
a dedicated phone line by dialing+ 1-786-635-1003 Meeting ID: 3056636339.
The City reserves the right to award the Project to the person with the lowest, most responsive and responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the r ight of the City to wa ive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct
subdivisions, to award each subdivision to a separate Respondent.
Nkenga A. Payne, CMC
City Clerk, City of South Miami
9
DemandStar Registration and User Account Sign-in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https://network.demandstar.com/ which on April 3, 2020 brings up the
following message.
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response .
Governments
If you are a government agency who needs Eb i dd i ng
capab i lity to receive suppl i er responses onl i ne, please
fill out this form and we will get back to you
i mmed i ately. Eb i dding i s offered at no charge to
governments .
-Broadcut Bids on Dem~ndsw ~•jl1AA
Suppliers
If you are a business who can help respond to the
many emergency response bids on the OemandSt,ir
network, please click here to create your account and
get not ified of bidding opportun i t ies .
ilJ:i!ltWi,CrNte Your Account
~:~ DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, click on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
~:.-oEMANOSTAR ,., .. ~.... ,.,...,,.,..., ~ ~
10
SCOPE OF SERVICES and SCHEDULE OF VALUES
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
The Scope of Services and the Schedule of Values , if any, are set forth in the attached EXHIBIT I.
11
No
I
2
3
4
5
6
7
SCHEDULE OF EVENTS
FIREWORKS DISPLAY SERVICES
RFP #PR2022 • 20
TENTATIVE SCHEDULE
Event
Advertisement/ Distribut ion of Solicitation & Cone of
Silence be2 ins
Date•
08/12/2022
NONE
Pre-RFP Meetin~ -NONE SCHEDULED SCHEDULED
Deadline to Submit Questions 8/30/2022
Deadline to C ity Responses to Questions 9/2/2022
DEADLINE TO SUBMIT RFP RESPONSE:
The C ity will only receive submittals e lectronically through
the DemandStar Elec t ronic Bid System (E-B idding). To
register as a business, go to
httns://network.demandstar .com/ 9/8/2022
E-BID OPENING VIA VIDEO CONFERENCING
VIA THE ZOOM PLATFORM at
https://zoom .us/j/3056636339 ,or listen to the meeting on a
ded icated phone line by dialing + 1-786-635-1003 Meeting
ID : 3056636339. 9/8/2022
Projected Announcement of selected Contractor/Cone of
Silence ends 9/20/2022
END O F SECTIO N
Time•
(EST)
10:00 AM
10:00 AM
10:00 AM
10:00 AM
10:30 AM
7:00 PM
12
INSTRUCTIONS for RESPONDENT
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT
THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT",
I . Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive
and responsible Proposal , as determined by the City. The City reserves the right to award the contract to the
Respondent whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Firm . Response submittals to this Solicitation will be considered from firms normally
engaged in providing the services requested. The proposing firm must demonstrate adequate experience.
organization, offices , equipment, and personnel to ensure prompt and efficient service to the City of South
Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or
to take any other action necessary to determine ability to perform in accordance with the specifications, terms
and conditions . The City of South Miami will determine whether the evidence of ability to perform is satisfactory
and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or
investigation and evaluation, indicates inability of a firm to perform.
3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the
services proposed do not fully comply with the requiremencs of this Solicitation. The decision as to whether an
item fully complies with the stated requirements rests solely with the City of South Miami.
◄. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of
South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in
person, and must be knowledgeable of the terms of the contract.
5. Precedence of Conditions . The proposing firm, by virtue of submitting a response, agrees that City's General
Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with
the response, either appearing separately as an attachment or included within the Proposal. The Contract
Documents have been listed below in order of precedence, with the one having the most precedence being at
the top of the list and the remaining documents in descending order of precedence. This order of precedence
will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not including
Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for
permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error
was made and delivers adequate documentation to the City to support the explanation and to show
that the error was not the result of gross negligence or willful inattention nor made in bad faith.
7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover
Letter will govern and take precedence over the conflicting provision(s) in the Solicitation .
8. Any questions concerning the Solicitation or any required need for clarification must be made in writing , by
I 0:00 AM August 30, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at
skulick@southmiamifl,KOV or via facsimile at (305) 669-2636.
9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to such
13
questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation") by U.S. mail, e-mail, or other delivery method convenient to the City and the
City will notify all prospective firms via the City's website. It Is the responsibility of the Respondent to keep
apprised of the publishing of addenda on the City's website.
I 0. Verbal interpretations or clarifications will not have any legal effect . No plea by a Respondent of ignorance or
the need for additional information will exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice .
11. Cone of Silence : You are hereby advised that this Request for Proposals is subject to the "Cone of Silence,'' in
accordance with Section SA-7. of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional
staff, includ ing the City Manager and his staff and members of the City Commission. The Cone of Silence
ordinance, Section SA-7, has been duplicated at the end of these instructions.
12 . Violation of these provisions by any particular Respondent or proposer will render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event.
said Respondent or proposer will not be considered for any Solicitation including but not limited to one that
requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for
the provision of goods or services for a period of one year. Contact will only be made through regularly
scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the
purposes of obtaining additional or clarify ing information.
13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities
such as a corporation, partnership or limited liability company, employed or retained by a principal (including an
officer of the principal or an employee of the principal whose duties include marketing, or soliciting business,
for the principal) who seeks to encourage the passage, defeat. or modifications of (I) ordinance, resolution,
action or decis ion of the City Commission; (2) any action, decision, recommendation of the City Manager or
any City board or committee; or (3) any action, decision or recommendation of City personnel during the time
period of the entire decision-making process on such action, decision or recommendation which foreseeably
will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents
who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal
notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of
South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only
be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided
for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying;
however, the presentation team may avoid formal registration by complying with section SA-5 (c) (9), of the
City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to
comply with presentations, if applicable . Anyone who submits a proposal, whether solicited or unsolicited, on
behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer
or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be
a lobbyist. See section 8A-5 of the City's Code of Ordinances for further information and contact the City
Clerk to register as a lobbyist.
14. Reservation of Right . The City anticipates awarding one contract for services as a result of this Solicitation and
the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City,
however, reserves the right. in its sole discretion, to do any of the following:
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from firms as deemed necessary .
d) to make an award without discussion or after limited negotiations . It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to negotiate modifications to the Proposal that it deems acceptable.
f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient
and to proceed to negotiate with the Respondent who made the next best Proposal. The City
reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to
the City.
g) To modify the Contract Documents. The terms of the Contract Documents are general and not
necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these
documents to fit the specific project or work in question and the Respondent, by making a Proposal,
agrees to such modifications and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the most responsive, responsible Proposal, as determined
by the City.
j) to award the Project. and execute a contract with a Respondent or Respondents, other than to one
who provided the lowest Proposal Price.
14
k) if the Scope of the Work is divided into d istinct subdivisions, to award each subdivision to a
separate Respondent.
IS. Contingent Fees Prohibited. The proposing firm, by subm itting a proposal, warrants that it has not employed
or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub-
consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed
to pay any person , company, corporation, individual or firm ocher than a bona fide employee, contractor or sub-
contractor/sub-consultant, working in its employ, any fee, comm ission. percentage, gift or other cons ideration
contingent upon or resulting from the award or making of a contract w ith the City.
16 . Publ ic Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit an E-bid, proposal. or reply on a contract co provide any
goods or services to a pub li c entity; may not submit an E-bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public build ing or public work; may not submit E-bids, proposals, or
repl ies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any publ ic entity; and may not transact bus iness
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
17 . Respondents must use the Proposal Form(s) furnished by the City . All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
cor rection. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue
ink. All spaces must be filled in with the requested information or the phrase "not applicable " or "NA". The
proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in
the Sol icitation Cover Letter. Fa ilure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may inval idate the Proposal. Respondent must deliver to the City, as part of its Proposal,
the following documents:
a) The Inv itation for Proposal and Instructions co Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/E-b id Bond, (Bond or cashier's check), if required, attached to the Proposal Form .
e) Certificates of Competency as well as all applicable State, County and C ity Licenses held by Respondent
f) Certificate of Insurance and/or Letter of lnsurab ilicy .
18. Goods: If goods are to be provided pursuant co chis Solicitation the following applies :
a) Brand Names : If a brand name, make, manufacturer's trade name, or vendor catalog number is
mentioned in chis Solicitation, whether or not followed by the words "approved equal ", it is for the
purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal
to the goods described in this Solicitation with appropriate identification , samples and/or specifications
for such item(s). The City w ill be the sole judge concerning the merits of items proposed as equals.
b) Pricing: Prices should be stated in un its of quantity specified in the Proposal Form. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the
City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between
the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will
be adjusted to coincide. Respondents are responsib le fo r checking their calculations. Failure to do so
will be at the Respondent's risk, and errors will not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the
City. Each individual sample must be labeled w ith the Respondent's name and manufacture r 's brand
name and delivered by it within ten ( I 0) calendar days of the Proposal opening unless schedule indicates
a different time. If samples are requested after the Proposal opening, they must be delivered within
ten ( I 0) calendar days of the request. The City will not be responsible for the return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity
with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would
necessitate alteration of the material quality, workmanship, or performance of the items offered on this
Proposal prior to their delivery, it will be the responsibil ity of the successful Respondent to notify the
City at once, indicating in its letter the specific regulation which required an alteration. The City of
South Miami reserves the right to accept any such alteration, including any p r ice adjustments occas ioned
thereby, or to cancel all or any portion of the Contraet, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
g) Respondent warrants that the pric e s, terms, and conditions quoted in the Proposal will be firm for a
period of one hundred eighty ( 180) ca lendar days from the date of the Proposal opening unless
otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous
responses to the Solicitation will be cause for rejection, as determined by the City.
15
h) Safety Standards : The Respondent warrants that the product(s) to be suppl ied to the C ity conform in
all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its
amendments. Propos als must be accompanied by a Materials Data Safety Sheet (M .S.D.S) when
appl icable .
19 . Liability, Licenses & Permits : The successful Respondent must assume the full duty, obligat ion , and expense of
obtaining all necessary licenses , permits, and inspections required by th is Sol icitation and as required by law . The
Respondent will be liable for any damages or loss to the C ity occasioned by the negligence of the Respondent
(or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a
certified copy of all licenses, Certificates of Competency, or other licens ing requirement necessary to practice
their profession and appl icable to the work to be performed as requ ired by Florida Statutes, the Florida Build ing
Code, Miam i-Dade County Code or City of South Miami Code. These documents must be furnished to the
City as part of the Proposal. Failure t o have obtained the requ ired licenses and certificat ions or to furnish these
documents will be grounds for reject ing the Proposal and forfeiture of the Proposal/E-bid Bond, if required fo r
this Project.
20. Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compl iance w ith this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance r equi r ements as set forth herein will authorize the
City to implement a resciss ion of the Proposal Award or resciss ion of the recommendation for award of contract
without further City action , The Respond enc. by submitcing a Proposal, thereby agrees to hold the City harmless
and agrees to indemn ify the City and covenants not to sue the City by virtue of such rescission.
21 . Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing, or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor
will there be, any infringement of copyrights or patent r ights. The Respondent agrees to indemnify City from
any and all liab ility, loss or expense occasioned by any such violation or infringement.
22 . Execution of Contract: A response to th is Solicitation will not be responsive unless the Respondent s igns the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
terms of the general cond itions to the contract, both of which are part of this Sol icitation package. The
Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the C ity the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and , at the City's sole and absolute discretion, the City may treat t he Respondent's signature on
any of those documents as the Respondent's signature o n the contract, after the appropriate information has
been inserted, as well as for any and all purposes, Including the enforcement of all of the terms and condit ions
of the contract.
23. Eva luation of Proposals: The City, at its sole disc r etion, reserves the r ight to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price,
responsibility and responsiveness of the Respondent, the financial position , experience, staffing, equipment,
materials , references, and past history of service to the City and/or with other units of state, and/or loca l
governments in Florida, or comparable private entities, will be taken into consideration in the Award of the
Contract.
24 . Drug Free Workplace: Failure to provide proof of compliance w ith Florida Statute Section 287.087, as amended,
when requested will be cause for rejection of the Proposal as determ ined by the C ity .
25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the
understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law, the City
of South Miami and its officers and employees from liabil ities, damages, losses and costs, includ ing, but not limited
to reasonable attorney's fees, to the extent caused by the negligence , recklessness , willfulness, wantonness or
intentional acts or omissions of the contractor and persons employed or uti lized by the contactor in the
performance of its contractual obligations co the City. Th is indemnification w ill survive the term ination of the
Respondent's contractual obligations to the City. Nothing contained in this solicication is intended to imply, nor
will it constitute a right, to sue the City in reference to its decisions to r eject, award, or not award a contract,
as applicable , unless the claim is based solely on allegations of fraud and/or collusion. The submission of a
proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project,
will not be released until and unless the Respondent waives any and all claims that the Respondent may have
aga inst the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's
favor in any suit filed which concerns this solicitation process. If a judgment is entered in favor of the C ity in
any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if
required for this project, will be applied to the payment of those amounts awarded by the court and any balance
due the City will be paid by the Respondent.
26. A Respondent who submits a proposal in responds to this solicitation does so with the understanding and
agreement to indemnify and hold harmless, the fullest extent permitted by law , the City of South Miami and its
officers and employees from liabilities, damages, losses and costs, includ ing, but not limited to reasonable
16
attorn~y•_s fees, to the extent caused by the negligence, recklessness , willfulness, wantonness or intentional acts
or omissions of the contractor and persons employed or util ized by the concactor in the performance of its
contractual obligations to the City. This indemnification will survive the termination of the Respondent's
contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a
right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless
the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an
agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until
and unless the Respondent waives any and all claims that the Respondent may have against the City that arise
out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which
concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages,
interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will
be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by
the Respondent.
27. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements,
and terms as determined by the City, will be just cause for cancellation of the Award or termination of the
contract.
28. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if
required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid
Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security.
29. Performance and Payment Bond : The City of South Miami may require the successful Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of I 00% of the total Proposal Price, including
Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for
the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all
persons or entities performing labor, services and/or furnishing materials in connection herewith . In addition, if
the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that
the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The
bonds must be with a surety company authorized to do business in the State of Florida .
29. I. Each Performance Bond must be in the amount of one hundred percent ( I 00%) of the Contract
Price guaranteeing to City the completion and performance of the Work covered in the Contract
Documents.
29 .2. Each Performance Bond must continue in effect for five years after final completion and acceptance
of the Work with the liability equal to one hundred percent ( I 00%) of the Contract Sum.
29.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or
sub-contractor/sub-consultant employed pursuant to this Project.
29.4 . Each Bond must be with a Surety company whose qualifications meet the requirements of insurance
companies as set forth in the insurance requirements of this solicitation.
29.5 . Pursuant to the requirements of Section 255 .05, Florida Statutes, Respondent must ensure that
the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide
CITY with evidence of such recording.
29.6. The surety company must hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current revisions.
30. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten ( I 0) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required
insurance documentation as well as a Performance and Payment Bond if these bonds are required. The
Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required
Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated
damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is
a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract
Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in
accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's
check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond.
31. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all
Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be
grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference.
No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation
result of failure to make the necessary examinations or investigations, or failure to complete any part of the
Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of
South Miami or the compensation of the Respondent. The Respondent. following receipt of a survey of the
property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be
17
entitled to any change order due to any such condition. If the survey is provided before the proposal is
submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated
by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a
request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs
required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ,
the negotiated price, and award the contract to, or begin negotiations with, the second most responsive,
responsible E-bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to
reject all E-bids.
32. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the
provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
change orders will be allowed for delays caused by the City, other than for extensions of time to complete the
Work.
33. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include
a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is
included with this Solicitation Package .
34 . Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
35. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
36. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E-
bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding
fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent's
principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). An E-bid,
proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the
city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid
considered until the default is cured to the satisfaction of the City Manager.
37. Protest Procedure. See attached EXHIBIT 7.
38 . Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as NIA.
39. Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any
federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this
solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s)
at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations
allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in
agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting
E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own
purchase orders, be invoiced there from, and make its own payments, determine shipping terms and issue its
own exemption certificates as required by the successful E-bidder(s)/proposer(s).
40. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or
are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this
solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will
have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or
representation is made that any particular project(s) will be awarded to any Respondent(s).
41 . Most Favored Public Entity . Respondent represents that the prices charged to City in the proposal do not
exceed existing prices to other customers for the same or substantially similar items or services for comparable
quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost
factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must
immediately extend the same prices to City.
42. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information that
they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be
included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as
CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a
cover letter listing all material designated as confidential and clearly mark each page of any material believed to
be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and
confidential information, the Respondent must provide a redacted copy of the document and an unredacted
copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or
18
containing confidential information and on the next line under the description of each document the Respondent
mu st cite the Statutory provis ion that provides the bas is for the Respondent's claim that the document or a
portion of the document is confidential and below the citation the Respondent must copy and paste the
applicable statutory provision (this list ing requirement will hereinafter be referred to as "properly list" or
"properly listed" confidential document). The failure to properly list a confidential document or the failure to
redact a confide ntial document that is only partially confidential will result in the wa iver of any claim that the
document is confidential or that the unredacted document contains confidential informat ion . If any person or
entity requests that the City produce or disclose any of said purported confident ial information or documents,
the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said
confidential information is exempt from production . If Respondent fa ils to timely author ize the production of
the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining
a protective order, the City will produce the requested informat ion or document. The C ity will not actively
contest any request to d isclose such alleged confidential informati on or document and the City cannot guarantee
that the alleged confidential document or informat ion may not be disclosed should it ultimately be determined
not to be confidential under applicable Flor ida public records laws. The Respondent mus t indemnify the C ity
for any da mages and costs the City may incur due to the Respondent's claim that its document or information
is confidential. The C ity can only agree to advise the Respondent of such request and give the Respondent an
opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential
information or document in a Court of competent jurisdiction or other applicable forum .
43 . Definitions. The follow ing definitions will govern the interpretation of this RFP :
"Certify", including all of its tenses , such as "certifies", "certifying" and "certified", means the ace of swearing
or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must
be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a
declaration , under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92 .525 .
44. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids , Respondents will be directed to submit sealed
Best and Final Offers and deliver to the Office of the City Cle rk located at South Miami City Hall, 6130 Sunset
Drive, South Miami , Florida 33143 . The "Best and Final Offers" must be enclosed in a sealed envelope or
container and muse have the follow ing Information clearly printed or written on the exterior of the envelope
or container in which the sealed proposal is delivered: "Best and Final Offers ". On the second line of the
envelope insert the Project Name and Solicitation Number . On the third line of the envelope insert the name
of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the
contract.
45 . Tie Selection. In the event of a tie by an Evaluation Selection Comm ittee after they have scored each submittal ,
the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will
tabulate the Selection Comm ittee's scores and adv ise the Committee there is a tie score; without advising the
Committee the scores or the Respondents involved . The meeting facilitator will direct the Selection Committee
to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken , and a clear
winner for the award recommendation has been determined. If the tie is not broken after three attempts to
break the tie, all responses will be rejected, and the item will be re-advertised .
46 . Rescind the Award . The C ity reserves the right to rescind the award recommendation, even after the award
recommendation has been conditionally approved by the City Commission but before execution of the Contract
by the City Manager and, by respond ing to th is RFP, Respondent agrees to waive any contractual rights or
equitable claims that Respondent may have accrued following the in itial award recommendation by the City
Manager under these conditions.
47. State of Emergency. The C ity reserves the right, in its sole and absolute discretion, to suspend the work or
services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents
or businesses and that has been declared by the Governor, Mayor of Miami-Dade County or the City Manager.
48. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused
by force ma jeure, acts of God, or other acts or circumstances beyond the control of a party or that could not
have been reasonably foreseen, prevented or avoided . For this purpose, such acts or circumstances include,
but not limited to, weather conditions affecting performance, floods , epidemics, war, riots, strikes, lockouts, or
other industrial disturbances , or protest demonstrations. Should such acts or circumstances occur, the parties
will use their best efforts to overcome the difficulties and to resume the work as soon as reasonab ly possible.
49. Proprietary Rights
48 .1 The Respondent hereby acknowledges and agrees that the City retains all rights , title and interests in and
to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder
or furnished by the Respondent to the City and/or creat ed by the Respondent for delivery to the City, even if
unfinished or in process, as a result of the Services the Respondent performs in connection with this
Agreement, including all copyright and other proprietary r ights therein, which the Respondent as well as its
employees, agents, subcontractors and suppliers may use only in connection of the performance of Services
under th is Agreement. Th e Respondent shall not, without the prior written consent of the City, use such
documentation on any other project in which the Respondent or its employees, agents, subcontractors or
19
suppliers are or may become engaged. Submission or distribution by the Respondent to meet official
regulatory requirements or for other purposes In connection with the performance of Services under this
Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary
rights .
48 .2AII rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and
other documentation related thereto developed by the Respondent and its subcontractors specifically for the
City, hereinafter referred to as "Developed Works" shall become the property of the City.
48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers shall have
any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or
distributed by or on behalf of the Respondent, or any employee, agent. subcontractor or supplier thereof,
without the prior written consent of the City, except as required for the Respondent's performance
hereunder.
48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and
its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if
any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the
Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its
subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and
license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed
Software and the associated specifications, technical data and other Documentation for the operations of the
City or entities controlling, controlled by, under common control with, or affiliated with the City, or
organizations which may hereafter be formed by or become affiliated with the City. Such license specifically
includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder, to any person or entity
outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided
hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated
with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such
License Software, specifications, data, documentation or related information shall be deemed to have been given
in confidence and any statement or legend to the contrary shall be void and of no effect.
49. Anti-Discrimination . Contractor and all of its employees, subcontractors and subconsultancs, while performing
work for the City, are prohibited from discriminating against anyone on the basis of race, color, religious family
status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership
status, labor organization membership, political affiliation, national origin, age, disability or any other classification
that is federally defined as a "protected class" and Contractor must take all steps necessary to prevent such
discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City
and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services .
A violation of this paragraph is a substantial and material breach of this Contract.
END OF SECTION
20
CONE OF SILENCE ORDINANCE, SECTION 8A-7
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
Chapter SA of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section 8A-7 which is to read as follows:
Sec. SA-7. Cone of Silence:
(A) Definitions.
(I) "Cone of silence", as used herein, means a prohibition of any communication regarding
competitive solicitations such as a request for proposal ("RFP"), request for qualification
("RFQ"), request for information ("RFI") or request for bid ("RFB"), between:
(a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the
"Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder;
(hereinafter referred to as the "Bidder's Representative") and
(i) Members of the City Commission or
(ii) City's professional staff or
(iii) Any member of the City's selection, evaluation or negotiation committee.
(b) Members of the City Commission shall not communicate with professional staff or
members of the selection, evaluation and negotiation committees at any point in the
competitive process except as provided in paragraph D (3) below.
(2) "City's professional staff' means City Department Heads and their staff and the City
Manager and Deputy City Manager and their staff including consultants involved in the
solicitation, evaluation and negotiation process.
(B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation,
commencing with the date that the advertisement of said solicitation is published and the
requirements of this section shall be included in the solicitation. At the time of imposition of the
cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the
cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected
Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on
each City Commissioner.
(C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of
the City Commission meeting at which the City Manager makes his or her written
recommendation to the City Commission or at the time that the solicitation process is terminated
by the City Manager. However, if the City Commission refers the Manager's recommendation
back to the Manager or staff for further review, the cone of silence shall be reimposed until the
beginning of the City Commission meeting at which the City Manager makes a subsequent written
recommendation.
(D) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conferences or at any duly noticed public
Selection or Negotiation Committee meeting or duly noticed public City Commission meeting
at which the City Manager has placed the subject of the solicitation on the Agenda;
(2) Communication regarding the solicitation at recorded contract negotiations, recorded
oral presentation or recorded oral question and answer session and recorded contract
negotiation strategy sessions in compliance with the exemption in Florida Statutes Section
286.0113;
(3) Briefings made by the City Manager or his designee to the City Commissioners during a
meeting following the completion of the Selection or Negotiation Committee meetings;
21
(4) Written communication at any time with any City professional staff (not including
selection, evaluation or negotiation committee members), unless specifically prohibited by the
applicable competitive solicitation documents. This section shall not be construed co prevent
written communication between City professional staff and any City selection, evaluation or
negotiation committee. A copy of any written communication made during the cone of
silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or
Bidder's Representative. The City Clerk shall make copies available to any person upon
request;
(5) Communication that is strictly limited to matters of chose processes or procedures that
are contained ln the corresponding solicitation document and which communication is
between any person and the City's Purchasing Agent or the City employee who is designated
as being respons ible for administering the procurement process for such solicitation;
(6) Communications with the City Attorney and his or her staff;
(7) Communications during any duly noticed site visits to determine the competency and
responsibleness of bidders regarding a particular bid during the time period between the
opening of bids and the time the City Manager makes a written recommendation;
(8) Any emergency procurement of goods or services pursuant to City Code;
(9) Responses to a request made by the City's Purchasing Agent, or the City employee who
is designated as being responsible for administering the procurement process for such
solicitation, for clarification or additional information;
( I 0) Communications prior to bid opening between City's professional staff and Potential
Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but not limited to the City Manager and his or her staff, are in writing or are
made at a duly noticed public meeting.
(F) Penalties. Violation of this section by a particular bidder or proposer, or their representative,
shall render any award to said bidder or proposer voidable by the City Commission and/or City
Manager. Any person who violates a provision of this section may be prohibited from serving on
a City selection or evaluation committee. In addition to any ocher penalty provided herein,
violation of any provision of this section by a City employee may subject said employee to
disciplinary action at the discretion of the City Manager.
END OF SECTION
22
PROPOSAL SUBMITTAL CHECKLIST FORM
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation . Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response must include the following items:
X
X
X
X
X
X
X
The City will only receive submittals online and electronically through the
Demand Star Electronic Bid System (E-Bidding). To register as a business,
go to https://necwork.demandstar.com/ The City, at its discretion, may
request hard copies of proposals received from a specific Respondent or all
Respondents.
Indemnification and Insurance Documents EXHIBIT 2
Respondents Bid Form. EXHIBIT 3
Respondents Cost & Technical Proposal, EXHIBIT 4
Signed Contract Documents EXHIBIT 5
Respondents Qualification Statement
List of Proposed Subcontractors and Subconsultants and Principal
Suppliers -----
X Non-Collusion Affidavit
X Public Entity Crimes and Conflicts of Interest
X ----Drug Free Workplace
X ----Acknowledgement of Conformance with OSHA Standards
X Affidavit Concerning Federal & State Vendor Listings ----
X Related Party Transaction Verification Form
X Presentation T earn Declaration/ Affidavit of Representation ----
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
END OF SECTION
23
RESPONDENT QUALIFICATION STATEMENT
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluat ion and
RESPONDENT selection .
I. Number of similar projects completed,
a) In the past 5 years 5
b) In the past IO years
2. List the last five (5) completed s imilar projects.
a) Project Name: City of South Miami Fourth of July Fireworks
Owner Name: City of South Miami City Hall
Owner Address: 6130 Sunset Dr, South Miami, FL 33143
Owner Telephone: 305-663-6338
Actual Final Contract Price : 10,000.00
b) Project Name: City of South Miami Fourth of July Fireworks
Owner Name : City of South Miami City Hall
Owner Address: 6130 Sunset Dr, South Miami, FL 33143
Owner Telephone: 305-663-6338
Actual Final Contract Price 10 000.00
c) Project Name: City of South Miami Fourth of July Fireworks
Owner Name : Cit}'. of South Miami Cit:t'. Hall
Owner Address : 6130 Sunset Dr, South Miami, FL 33143
Owner Telephone: 305-663-6338
Actual Final Contract Price : 10,000.00
d) Project Name: City of South Miami Fourth of July Fireworks
Owner Name: Cit:t'. of South Miami Cit:t Hall
Owner Address: 6130 Sunset Dr, South Miami , FL 33143
Owner Telephone: 305-663-6338
Actual Final Contract Price: 10,000.00
e) Project Name: City of South Miami Fourth of July Fireworks
Owner Name : Cit}'. of South Miami Cit}'. Hall
Owner Address: 6130 Sunset Dr, South Miami, FL 33143
Owner Telephone: 305-663-6338
Original Contract Price : 10,000.00
Actual Final Contract Price: 10,000.00
3. Current workload
•
24
,
il :..:,1r • •illl~~11-1T::J! -,-
~"'" 'I'. ,, • '.t.•1.•:J1TC1:lii:F.Ti-,EJ
'
,n[q,1,r,1,ro.a;:1111 ''"~ ~, ... ':'..o-·
.lllr.l .... ;.,"r_'Sf.,•
• -l , -l ••. J J.. , --,_
4. The following information must be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
5. List and describe any:
a) Bankruptcy petitions filed by or aga inst the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6 . Government References:
List other Government Agencies or Quasi -Government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
25
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Pro ject:
END OF SECTION
26
LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND
PRINCIPAL SUPPLIERS
FIREWORKS DISPLAY SERVICES
RFP #PR2022 • 20
Respondent must list all proposed subcontractors and subconsultant, if subcontractors and
subconsultants are allowed by the terms of this Solicitation to be used on this project if they are
awarded the Contract.
r ··••"''l.",. . a,iW'~-J.,_.,Th•••11111r.1•--• •-. .... ., I r.T-1.ill r•: ~ '1 ..-~,..ir,l.{~1-~ -• ~ il iT ,Y, re-.I-.~:.:._
k> ~ .
•• , 1~~--· f · ••~" I .. ,:p_1,,·, •..1 ,/X 1i t ,. ' ·,,-.. : ... 1·~ ~ I -.l ,• 'i ::r.TI':TI -... 'i T•, j C ·• UIII ~ r. ~ • ,>. .. '
Other:
This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this
RFP.
END OF SECTION
27
ST ATE OF FLORIDA
COUNTY OF MIAMI-DADE
NON-COLLUSION AFFIDAVIT
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
______________________ being first duly sworn, deposes and states that:
(I) He/She/They is/are the ......!::::Ec!..!rn~e::.::s!.!.t.!.R~u~iz=--------------------
(Owner, Partner, Officer, Representative or Agent) of
City of South Miami Fourth of July Fireworks the Respondent that has submitted the
attached Proposal;
(2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers , partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or
agreed, direcdy or indirectly, with any other Respondent, firm, or person to submit a collusive or sham
Proposal in connection with the Work for which the attached Proposal has been submitted; or to
refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or
indirectly, sought by agreement or collusion, or communication, or conference with any Respondent,
firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other
Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recip ient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed and delivered in the presence of:
Manuela Perez
Witness
Witness Print Name and Title
Date
ACKNOWLEDGEMENT
ST ATE OF FLORIDA )
)
COUNTY OF Ml 14 1-DADE )
On this the ( d day of z9--, , 20 2 Z-:-before me, the undersigned Notary Public of the State
of Florida, P,,r'ronally a.e,eared (Name(s) of individual(s) who appeared before notary) '~ r,,p ✓ r · v,e,,,/1 ~ . . and w9¢'ename(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/she/they executed'~ ~ z~
WITNESS my hand and official seal. ~ /
28
NOTARY PUBLIC:
SEAL OF OFFICE:
,.,.,_, -11 •·••• ORLANDO ROBINSON
i ;' -~\.\ Notary Public · Stat, of Florida , '~r •• ~ • :!Jr. ; .. J Commission # GG 320659 :?a, i,!,,' My Comm, Expires Apr 7, 2023
. "sonded through National Notary Assn.
Notary Public, State of Florida
. dt/)'J.?
(Name of Notary Public : Print, Stamp or type as commi 1oned.)
.a-. Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
__s:::r Did Not take an oath.
29
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
FIREWORKS DISPLAY SERVICES
RFP #PR2022 • 20
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate ~ho
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter I I 2, Florida State
Statutes . Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OA tHS.
I.
2.
3.
4.
This sworn statement is submitted to City of South Miami
[print name of the public entity)
by __ E~rn~e:;s=:t:'-:R~u:;:=iz~--;-O~w~ne.::.:r~--:-:-:-:--------------------
[print individual's name and title)
for Party Sparks, Inc
--r.[p:rtin-::t:n:am=e~ojf=::e-:nt~ity::-:s~u:;::b---m-;:it=ti:-:-n-::-gsw_o_rn_sta-te_m_e_n_t~) ----------------
whose business address is 4401 NW 87 Ave, 405 Doral, FL 33178
and_ (if applicable) its _Federal Employer Identification Number (FEIN) is 33-1026272. (If the
entity has no FEIN, include the Social Security Number of the individual s·1gn 1·ng th 'is sworn statement: ______________ .)
. I u~derstand that a "public entity crime" as defined in Paragraph 287 133 (l)(g) Fl 'd S
a v1olat1on of any state or federal I b h · • orr a tatutes, means
:~~::.si~:~!i~;\~~b~~t~~!~~rt:::n~yn:~:~psinpo~i;ol l~t:~~t:~:~i:fi;i!:i:~~~~ ~:~:;~~~;~er ~~~~:c~~~e~
bl , , sa or contract or goods or services to b 'd d
an~ pu ic entity or an agency or political subdivision of an others . e pr~v1 e . to
antitrust, fraud, theft, bribery, collusion racket . y . tate or o~ the _United States and involvmg ' eering, conspiracy, or material misrepresentation.
I understand that "convicted" or ''conviction" as defin d . p
means a finding of guilt or a conviction of a p bl ' . e_ rn aragraph 287.133 (I) (b }, Florida Statutes i d u 1c entity crime with or with t d' d-. ' any e era( or state trial court of record relating to char es br~u h . . ou an a JU ,cation of guilt, in
I, 1989, as a result of a jury verdict non-jury tri I g f g t by in~rctment or information after July
' a, or entry o a plea of guilty or nolo contendere.
I understand that an "affiliate" as defined in Para ra h 287 133 .
(a) A predecessor or successor of a perso g . p d f · ( 1) (a), Florida Statutes, means·
(b) A n convrcte o a public e ft -· n entity under the control of any natural h . . n I y crime; or
and who has been convicted of a pub11·c encP,. erso_n w oThrs active in the management of the entity
d' ty crime e term " ffil" " · ,rectors, executives, partners, shareholders, em lo . a I rate includes those officers,
~he man~gement of an affiliate. The ownershi b p o::es, members, and agents who are active in
interest rn any person, or a pooling of equi p y ~erson of shares constituting a controlling
market value under an arm's length agreeme:t~:~; :: :nc~me an:iong persons when not for fair
another person. A person who knowingly ent . _P~1ma fac1e case that one person controls
co_n_victed of a public entity crime in Florida du;~: •r;o a roint ~enture with a person who has been
affrhate . g e preceding 36 months will be 'd cons, ered an
30
..
S. I understand that a "person" as defined in Paragraph 287.133 (I) (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 bids or proposal or applies to bid or proposal 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.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies .]
___ 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 and convicted of a publ ic entity crime subsequent to
July I, 1989.
___ The entity submitting this sworn statement. or one or more of its officers, d irectors, 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 I,
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 of July I,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Div ision of Admin istrative 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 I (ONE) 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 ENTERI~ A C NTRAC EX F THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287 .017, FLOR 0A STATU R CATEGORY TWO O ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM .
Sworn to and subscribed before me this
Personally known __ ___:Q{.:...._->,.--------
OR Produced identification _______ _
(Type of identification)
Notary Public -State of 'P{0v c c~
M . . . /\fn--/ ~ "UJ2-3 ~ comm1ss1on expires &. , / /_ '
(Printed, typed or stamped7o ~issioned
Form PUR 7068 (Rev .06/ I I /92) name of notary p~b~llil" j},....,....,.._.._.~~~~:::-1
, • ... ORtl!IOO ROSlt-lSO!I . ;'~ . 1<;· Notary Public . State of Florida ;. : ~-:J Co!l'>mlulon i GG l206 5q -;..f-. .. {r;.' lf-Y Comm. Eiplrt\ lpr 7' lOlJ
o, '" · I ..._.illrv MSI! ·sonde<! thrOl.ilh Nat\olla ....... , •
31
DRUG FREE WORKPLACE
FIREWORKS DISPLAY SERVICES
RFP #PR2022 • 20
Wh~never two or more responses to a solicitation which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or contractual services,
a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace
program will be given preference in the award process. Established procedures for processing tie responses to
solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a
drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, 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 commodities or contractual services that are under
Bid a copy of the statement specified in paragraph (I) above.
4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to
their working for the employer with regard to the matters that are the subject of the response
to the solicitation including those involving the procurement of commodities or contractual
services that are under Bid, the employee must abide by the terms of the statement and must
notify the employer of any conviction of, or plea of guilty or no/o 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 .
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts d in it are true and that this firm is in full compliance with the above
requirements . -
RESPONDENrs Signature: _.........::=:..__;!_;x;~,::_~~---:;;e:.......::::::.~--
Print Name: Ernest Ruiz
Date:
32
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
TO THE CITY OF SOUTH MIAMI
w Party Sparks, Inc
e, • (Name of RESPONDENT), hereby acknowledge and agree that as
CONTRACTOR for the FIREWORKS DISPLAY SERVICES RFP #PR2022 -20 as specified have the sole
responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970,
and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South
Miami and NIA (Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they
may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to
price, quality and service are received by the State or by any political subdivisions for the procurement of
commodities or contractual services, a response to the solicitation received from a business that certifies that it has
implemented a drug-free workplace program will be given preference in the award process. Established procedures
for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business must:
I) Publish a statement notifying employees that the unlawful manufacture, 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 commodities or contractual services that are under
E-bid a copy of the statement specified in Section (I).
4) In the statement specified in Section (I). notify the employees, that, as a condition to their
working for the employer with regard to the matters that are the subject of the response to the
solicitation including those involving the procurement of commodities or contractual services
that are under E-bid, the employee must abide by the terms of the statement and must notify the
employer of any conviction of, or plea of guilty or no/o 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.
As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the
foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are
listed below, are in full compliance with the above requirements:
Manuela Perez
Witness
BY: Ernest Ruiz -P
Name
Onwer
Title
33
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must
"Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to
the Florida Department of Management Services website:
http://www.dms .myflorida.com/business operations/state purchasinj!/vendor info r mation/conv jcted suspended di
scriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, Ernest Ruiz (hereinafter referred to as the "Declarant") state, that the following facts
are true and correct:
(I) I represent the Respondent whose name is Party Sparks , Inc
(2) I have the following relationship with the Respondent _________ (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Manag ing Member> (if Respondent is a Limited Liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the follow ing URL address:
http://www.dms.myflorida.com/business _ operations/state _purchasing/vendor _information/convicted _suspended_ di
scriminatory _ complaints_ vendor _lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit. Check the following categories if Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
Under penalties of perjury, and as the person authorized to ~=.....-t=-',..,,.,ement, I declare that I have read the
foregoing statement and that the facts stated in it a ue and that thi ,rm is in full compliance with the above
requirements.
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF µAMI-DADE )
On this the /J' day of ~ , 20~before me, the undersigned authority,~
appeared-----~~~~~~~~~~-~~~~------who is personally know to me or who pro~
following identification and who took an oath or~ffir ed that that he/she/they executed the
foregoing Affidavit as the Declarant. G
WITNESS my hand and official seal . / /_....,
NOTARY PUBLIC:
SEAL
Notary Public, State of Florida
(Name of Notary Public: Print,
Stamp or type DO ROBINSON
ic • State of Florida
) Comml!tslon # GG 320659
./ My Comm. Eipires Apr 7, 2023
anded through National Notary Assn.
34
RELATED PARTY TRANSACTION VERIFICATION FORM
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
1 Ernest Ruiz . p rt s k I .. . ,. , individually and on behalf of a Y par S, nc
( Fir_m ) have Nome of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics,
Seet1on SA-I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of
my knowledge, information and belief:
(I) ~either I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s). as defined in section SA-I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (J) must be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their names: ______________________ _
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not co use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any board, commission or agency of the City within the past two years other than as
follows:. ___________________________________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
35
make reference on the ab I' h dd " · . . • _ove me, to t e a 1t1onal sheet and the additional sheet must be signed under oath).
X .\Purchasing\Vendor Registration\12.28 .12 RELATED PARTY TRANSACTION VERIFICATION FORM (3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse: s~n, d~_ughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (11 ) any city employee; or (iii) any member of any board or agency of the City other than as follows :
. . (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
muS t be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
_________________________________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm .
(IO) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally. violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics .
Under penalties of perjury, and as the person authorized to sig~ this statement, I decla _re that I have ~ead the
foregoing statement I have made a diligent effort to invest1gat~ the matters to w~IC~ I am attesting . .
hereinabove to the bes of my knowledge, information and belief the facts stated 1n 1t are true and this firm 1s
in full co above requl _
Date: ___________ _
36
Sec. BA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(◄) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
( I 0) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b )(2),
(3) and (◄);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act. and when the proposal has been
submitted by a city person defined in paragraphs (b)(l), (3) and (4);
37
(3) The property or services to be involved in the proposed transaction are unique and the city cannot ava_il itself
of such property or services without entering a transaction which would violate chis subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
{d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission :
(I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b )(I) who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifu.
(/)Definition.The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration .
(2) Exceptions . The provisions of paragraph (e)(I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household , unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described _in paragraph~ (b)(I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)(I) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. ~n official public action taken, or to be taken, or which could be taken, or an omission or failure to cake a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term d fi d •
paragraph (b )(I); or e me m
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) _Disclos~re. Any person included in the _term ~efined in paragraphs (b)( I) through (6) shall disclose an ift, or
s~rres of gifts from a~yone person or entity, havmg a value in excess of $25.00. The disclosure shall be ~=de b
fihng a copy of the disclosure form required by chapter 112, Florida Statutes, for "local y
oFlffic_edrs"Swith the city clerk simultaneously with the filing of the form w ith the clerk of the county and with the
orr a ecretary of State.
38
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation,
firm , partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted . A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(1) Certain appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor co a party who seeks legal relief from the city or a city agency through the suit in question.
39
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter. license, contract. certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift. directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immed iate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment. equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a
project. business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application a~er city service.
(I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)( I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or ocher determination, contract, claim, controversy, charge, accusation, arrest or other particular
subject matter in which the city or one of ics agencies is a party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p )(I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(S) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request.
40
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions . The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name .
41
PRESENTATION TEAM
DECLARATION/AFFIDAVIT OF REPRESENTATION
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c){9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, must list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, must not be required to pay any registration
fees . No person may appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, Ernest Ruiz
declaration under penalties of perjury:
makes the following
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person may appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
TITLE
Ernest Ruiz Owner
Orlando Robinson Owner
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, will not be required to pay
any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time
the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed b~I~
Exe W>f'll-ttl'T'·')__/4_d_ rlda~y of _t __ ~.,__ ___ _,, 20 ?~
Party Sparks, Inc
Print name of entity being represented.
42
NOTICE OF AWARD
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
The City has considered the Proposal submitted by your firm for the FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20 in response to the City's advertisement for Request for Proposal and Instructions to
Respondents.
You are hereby notified that your Proposal has been accepted for the FIREWORKS DISPLAY SERVICES RFP
#PR2022 -20 and the negotiated price is attached as Exhibit A to this Notice of Award.
You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal
of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance
documents (see Proposal Submittal Checklist Form) within ten ( I 0) day from the date of this notice to you .
Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract
attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required
insurance documentation within ten ( I 0) calendar days from the date of this notice, the CITY will have the right and
be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the
. Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year
contract requiring payment out of more than one year's appropriation, the award and the contract must be approved
by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City
Manager determines that it is not in the best interest of the City.
BY: ____________ _
Shari Kamali
City Manager
Dated this __ day of _______ , 20 __
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by ______________ _
On this the ___ day of _________ _, 20 __ .
BY:
TITLE:
You are required to return an acknowledged copy of this Notice of Award to the City Manager.
END OF SECTION
.J
43
EXHIBIT I
SCOPE OF SERVICES
FIREWORKS DISPLAY SERVICES
RFP #PW2022 -20
I. GENERAL REQUIREMENTS:
The work specified in this Request for Proposal (RFP) consists of furnishing all goods,
materials, supplies, and services necessary to provide a completed project that meets all
of the needs described in this Scope of Services and as otherwise described in this RFP
(the "Work"). The Work is to be performed per specifications and the contract
documents. The Work is to be performed in accordance with the specifications and the
contract documents (as defined in the Instructions for Respondents) that are provided to
the Contractor by the City as well as in accordance with those plans, drawings and
specifications that are required to be produced by the Contractor and that are approved
by the City. This includes but is not limited to keeping the project site clean and safe; the
furnishing all labor of the Contractor and the labor of all allowable subcontractors;
providing dumpster(s); disposing of materials; providing all necessary technical
specifications; all permits; all necessary equipment, including rental equipment, machinery,
tools, transportation and freight; coordination with any other City contractor,
subcontractors and utility companies (i.e. power, gas, water); erecting construction safety
measures, including fencing, privacy screening and cones, and ensuring that the safety
measure are in place at the end of each working day; cleaning the site at the end of each
working day ; maintenance of traffic and hiring of off duty City police officer if required by
the City; and any other goods and services necessary to perform all of the Work.
In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and
other permits and licenses required to complete the Work. Permit fees are waived for
permits required to be issued directly by the City of South Miami. Permit fees charged by
other government entities, if required, are the responsibility of the
Respondent/Contractor; however, in all cases; it is the responsibility of
Respondent/Contractor to secure any and all permits that may be required for this
project.
All of the Work must be reflected in the Respondent's proposal and, Exhibit
3, .,Respondents Bid Proposal," and Exhibit 4, Respondents Cost and Technical
Proposal."
All work is to be completed in accordance with the terms and conditions described in
Exhibit I, Scope of Services, all federal, state and local requirements, guidelines and
regulations included the Florida Building Code, the City of South Miami Land
Development Code, all applicable ordinances of Miami-Dade County, the City of South
Miami and the Americans with Disabilities Act (ADA) and if the project involves a City
park, public playground safety standards, rules and guidelines.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday-See Section 7-15 and 7-16 of the City's
Code of Ordinances.
IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR
AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS
SOLICITATION.
44
II. SPECIFIC REQUIREMENTS:
The City is soliciting proposals from highly qualified firms for a custom fireworks display
for a period of 15 minutes on the July 4 th holiday, each year, be&innine July 4t\ 2023.
The display shall commence at dusk or, approximately 9:00 PM. This work includes the
procurement, delivery, set-up and disposal of fireworks and all related materials and
equipment, and obtaining all permits related to fireworks.
As an alternative, the City's Parks and Recreation Department is interested in delivering
an eco-friendly fourth. For example, use of compressed air to lift fireworks and use more
white fireworks since they don't contain perchlorate which minimizes contamination of
yards and ground water. All "green" fireworks shall be limited since they're most likely
to contain barium.
a) Permits and Safety:
Respondent shall be responsible to secure all permits and conform to all municipal
regulations relating to fireworks displays. Respondent shall be responsible for
obtaining permitting through Miami Dade County Fire Department for the
Fireworks Display and, coordinating a final walk-through. The Respondent shall
verify and assume responsibility that the firing area provided by the City conforms
to NFPA Code 1123-1995, which states that there must be at least 70 feet per
inch of shell diameter between firing site and any spectators, cars or buildings.
The display program requires a safety zone that has a radius of 350 feet, if 5" shells
are to be used.
The City of South Miami shall provide police and adequate parking supervision at
the designated locations and shall ensure the "Safety Zone" as marked and
secured by the Respondent, and is patrolled until the Respondent advises City
personnel that the "Safety Zone" is no longer needed.
b) Site Location & Show Times:
The Fireworks Display shall be held at the City of South Miami's Palmer Park
located at 6100 SW 67 Avenue, South Miami, FL 33143. The display shall
commence at dusk or, approximately 9:00 PM.
c) Contract Period:
The Contract term is for a period of three (3) years, with one (I) two (2) year
renewal, for a contract term not to exceed five (5) consecutive years. The renewal
period is at the sole discretion of the City Manager.
d) Rain Date:
In the event of inclement weather and the display must be cancelled on July 4; a
Rain Date of July 5 has been established; all prices, terms and conditions shall apply
and remain the same. Any changes to the established "rain date" shall be
coordinated and communicated with the Respondent and the City's Project
Manager for this project.
45
e) Minimum Shell Count:
Shell Count: The Respondent shall , at a minimum, provide a display that includes
the following estimated shell count:
TOTAL
OPENING OPENING BODY FINALE SHELLS
2.5 Shells 72 72 144
3" Shells 120 300 420
4" Shells 18 198 72 288
S" Shells None None None None
CAKES 600 Shots 1200 Shots 1800 Shots
f) Fireworks Effects:
The display shall include, but not be limited to, the following fireworks effects:
• ASSORTED MINES, ASSORTED COLOR, PEONIES &
CHRYSANTHEMUMS -bursts resembling a round and weeping flower
pattern,
• WHISTLES-a break of color, followed by whistles ,
• SCREAMING DRAGONS -a break of bright magnesium colors followed
by loud screaming whistle,
• GOLD FLITTER, SILVER OR GIL TER CROSSETTES -exploding
comets crackling into crisscrossing effects,
• FANCY STAR SHELLS-Assorted brilliant colors in various patterns,
• SPIDERWEBS -long hanging fine webs of gold or silver,
• TOURBILLIONS -titanium silver spinning effects,
• RINGS HELLS -assorted ring patterns of different colors of one, two, three
or five different colors,
• GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES-
a palm tree image with trunk-like different forms,
• ASSORTED TWO and THREE COLOR CHANGING
CHRYSANTHEMUMS & & PEONIES -two or three distinct color
changes that resemble a round and weeping flower pattern,
• STROBES -a variety of bright twinkling shells ,
• ASSORETED COLOR BROCADES -a dense golden, silver or assorted
color effect ending at the tips with an umbrella-like canopy cascading and falling
low,
• MUL Tl-BREAK SALUTE SHELLS -a variety of salute effects that
incorporate multiple powerful reports into the display,
• ASSORTED COMETS, bright luminous thick tail with comet-like
appearance with various colors,
• ASSORTED TIGERTAILS, similar to comets,
46
• ASSORTED MINES, projects various types of effect and colored stars that
are launched and ignited at a low altitude,
• TITANIUM SALUTES-these shells explode into a burst of brilliant white
lights and booming reports,
• ASSORTED COLOR & CRACKLING EFFECTS -assorted color
peonies and chrysanthemums with crackling effects,
• WILLOWS-very fine lines with an umbrella like effect cascading slowly.
Note: Additional fireworks may be acceptable upon review and approval by the City's
Project Manager for this event.
Ill. SITE LOCATION:
The firework display project will be held at Palmer Park located at 6/00 SW 67
Avenue, South Miami, FL 33 I 43. Any changes to the site location and show time shall
be coordinated and communicated with the Respondent and the City's Project Manager
for this project a minimum of thirty (30) days prior to the scheduled show time and date.
IV. DESIGN PLANS AND SPECIFICATIONS:
Please refer to Exhibit I, "Scope of Services," section II. "Specific
Requirements."
V. PRICING -ANNUAL PRICING:
Proposal pricing must be submitted annually for each year of the Agreement by completing
Exhibit 4, "Respondents Cost and Technical Proposal" and shall include all cost
associated with completing this project as outlined in the scope of services and associated
design construction plans. It is the City's intention to award this project to a single
Contractor.
THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE
RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED.
VI. PROJECT DURATION:
The project duration and completion for this project is NIA from issuance of a Notice to
Proceed/Purchase Order/Email Notification from the City's Project Manager. A Purchase
Order will be issued each year for the July 4 th event.
SPECIAL NOTE
A PERFORMANCE AND PAYMENT BOND IS (NOT) REQUIRED FOR THIS
PROJECT.
END OF SECTION
47
Insurance
EXHIBIT 2
FIREWORKS DISPLAY SERVICES
RFP #Pr2022 -20
Insurance & Indemnification Requirements
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred
to as "FIRM" with regard to Insurance and Indemnification requirements} must procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the
minimum amounts stated below as will protect the FIRM, from claims which may arise out of or
result from the contract or the performance of the contract with the City of South Miami,
whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone
directly or indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless
authorized in writing by the CITY and such authorization is at the CITY's sole and absolute
discretion. The FIRM must purchase insurance from and must maintain the insurance with a
company or companies lawfully authorized to sell insurance in the State of Florida, on forms
approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set
forth below which may arise out of or result from the FIRM's operations under the Contract
and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a
Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or
by anyone for whose acts any of them may be liable: (a) claims under workers' compensation,
disability benefit and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or
disease, or death of any person other than the FIRM's employees; ( d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to the
Work itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for
bodily injury or property damage arising out of completed operations; and (h) claims involving
contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the
Work to be performed under this Contract has been completed and accepted by CITY (or for such
duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved
forms and as set forth below:
Workers' Compensation Insurance at the statutory amount as to all employees in compliance with
the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as
presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must
include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of
its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well
as automobile liability, completed operations and products liability, contractual liability, severability of
interest with cross liability provision, and personal injury and property damage liability with limits of
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
48
Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida
approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include:
• Premises and Operation
• Independent Contractors
• Products and/or Completed Operations Hazard
• Explosion, Collapse and Underground Hazard Coverage
• Broad Form Property Damage
• Broad Form Contractual Coverage applicable to this specific Contract, including any hold
harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
limits of coverage equal to those required for Bodily Injury Liability and Property Damage
Liability .
Business Automobile Liability with min imum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1 ,000,000.00) umbrella per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Umbrella 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 with the state of Florida, and must include:
• Owned Vehicles.
• Hired and Non-Owned Vehicles
• Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract must contain the same insurance provision as set forth in these insurance and
indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the
word Sub-contractor/sub-consultant for the word FIRM where applicable.
Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, FIRM must maintain,
with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage,
while in the course of construction, including foundations, additions, attachments, and all
permanent fixtures belonging to and constituting a part of said buildings or structures. The
policy or policies must also cover machinery, if the cost of machinery is included in the
Contract, or if the machinery is located in a building that is being renovated by reason of this
contract. The amount of insurance must, at all times, be at least equal to the replacement and
actual cash value of the insured property. The policy must be in the name of the CITY and the
CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub-
contractor/sub-consultants performing Work.
B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance
company or should any insurance have an expiration date that will occur during the period of
this contract, the FIRM Is responsible for securing other acceptable insurance prior to such
cancellation, change, or expiration so as to provide continuous coverage as specified in this
section and so as to maintain coverage during the life of this Contract.
49
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the
option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM
must procure a Bond, in a form satisfactory to the CITY covering the same.
C. The policies must contain waiver of subrogation against CITY where applicable, must expressly
provide that such policy or policies are primary over any other collectible insurance that CITY
may have. The CITY reserves the right at any time to request a copy of the required policies
for review. All policies must contain a "severability of interest" or "cross liability" clause
without obligation for premium payment of the CITY as well as contractual liability provision
covering FIRM's duty to indemnify the City as provided in this Agreement.
D. Before starting the Work, the FIRM must deliver to the CITY and CONSUL TANT certificates
of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy, including the declaration page and all applicable endorsements and provide the
name, address and telephone number of the insurance agent or broker through whom the
policy was obtained. The insurer must be rated A.VII or better per AM. Best's Key Rating
Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance
policies must be written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM may be
required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as
defined in Article I of this document) which must include the declaration page and all required
endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance
certificate, the following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer must pay all sums that
the City of South Miami becomes legally obligated to pay as damages because of 'bodily
injury", 'property damage', or "personal and advertising injury" and it will provide to the
City all of the coverage that is typically provided under the standard Florida approved
forms for commercial general liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy must not be cancelled (including cancellation for non-payment of premium),
terminated, or materially modified without first giving the City of South Miami ten ( I 0)
days advanced written notice of the intent to materially modify the policy or to cancel
or terminate the policy for any reason . The notification must be delivered to the City by
certified mail, with proof of delivery to the City."
e-: If the FIRM is providing professional services, such as would be provided by an architect,
engineer, attorney, or accountant, to name a few, then in such event and in addition to the
above requirements, the FIRM must also provide Professional Liability Insurance on a Florida
approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5%
of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as
damages for claims arising out of the services or work performed by the FIRM its agents,
representatives, Sub Contractors or assigns, or by any person employed or retained by him in
connection with this Agreement. This insurance must be maintained for four years after
completion of the construction and acceptance of any Project covered by this Agreement.
However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance may be
issued by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute, and unfettered discretion.
Indemnification Requirement
A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other
fault of FIRM or anyone acting through or on behalf of FIRM.
B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits,
50
fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and
investigative costs incidental there to and incurred prior to, during or following any litigation, mediation,
arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or
recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of
any person or persons and for the loss or damage to any property arising out of a negligent error,
omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its
contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this
Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations
under this AGREEMENT .
C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates,
employees, successors and assigns, including their attorney's fees, in the defense of any action in law or
equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub-
contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising
out of, or incident to, this Agreement. or incident to or resulting from the performance or non-
performance of FIRM's obligations under this AGREEMENT.
D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns are to be held liable or responsible for any claims, including the costs and
expenses of defending such claims which may result from or arise out of actions or omissions of FIRM,
its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or
assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or
event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or
acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of
FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida
Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must
apply and this subparagraph must set forth the sole responsibility of the design professional concerning
indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to
its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and
costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the design professional and other persons employed
or utilized by the design professional in the performance of the contract.
END OF SECTION
51
EXHIBIT 3
FIREWORKS DISPLAY SERVICES
RFP #Pr2022 -20
RESPONDENTS
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Shari Kamali
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services) for the Proposed
Price as set forth below, within the Contract Time and in accordance with the other terms and conditions
of the Solicitation Package .
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. Dated:
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that:
i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utility companies will create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract. will not be entitled to a change order
for any such condition discovered thereafter.
iii. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation
Package or In the Contract Documents with respect to existing Underground Facilities or conditions
at or contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional examinations, Investigations,
explorations, tests, reports or similar information or data in respect to any Underground Facilities or
52
conditions are, or will be, required by Respondent in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents unless the Proposal specifically states that the contract price is subject to
adjustment far future discovery of underground facilit ies and/or conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additional information prior
to submitting the bid or proposal as required in subsection ii above,
d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install
all the Work complete and in place . The Schedule of Values , if required, is provided for the purpose of
Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change
orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of
Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As
such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services
necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the
completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this
Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price,
otherwise, the Contract Price for the completed work is as follows :
PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL
Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the
proposal non-responsive.
5. The ENTIRE WORK for project in accordance with Exhibit I shall be completed, in full, within NIA
from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire
work during the described time will result in the assessment of liquidated damages as may be set forth in
the Contract.
6. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT: Ernest Ruiz-Party Sparks, Inc
Address: 4401 NW 87 Ave 405 Doral, FL 33178
Telephone: 305-760-4969
Facsimile: 786-419-4959
Contact Person Ernest Ruiz or Orlando Robinson
7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to
them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under
penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical
Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted
as part of this Respondents Bid Form, and are made a part of this proposal, by reference .
9. This proposal is submitted by Ernest Ruiz whose address is 1812 SW 124 Pl, Miami
FL, 33175 , whose telephone number is 305-342-2403 , whose fax number is 786-419-4959
whose email address is ernie@lightfxpros.com and whose authorized
representative signing this Bid Form is Ernest Ruiz whose title is Owner
I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the
terms of the form of contract contained in the Solicitation package and agree to be bound by those terms,
53
with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate
information contained in the Solicitation Documents and this Proposal, or such information that the City
and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in
writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for chat entity and bind it to those contract terms and that all of the
information an e ntations co ___ ,__.,...,._Lerein are true and correct.
Date of Execution: __________ _
END OF SECTION
54
EXHIBIT 4
RESPONDENTS COST & TECHNICAL PROPOSAL
FIREWORKS DISPLAY SERVICES
RFP #PR2022 -20
PRICING SHOULD BE SUBMITTED IN ACCORDANCE WITH EXHIBIT I,
"SCOPE OF SERVICES, ATTACHMENT A
RESPONDENTS SHALL COMPLETE EXHIBIT 4, RESPONDENTS COST AND
TECHNICAL PROPOSAL IN ITS ENTIRIEY. FAILURE TO DO SO WILL RESULT
IN THE SUBMITTAL DEEMED NON-RESPONSIVE AND DISREGARDED FROM
FURTHER CONSIDERATION.
YEAR
YEAR I; 2023
YEAR 2; 2024
YEAR 3; 2025
YEAR 4; 2026
YEARS; 2027
TOTAL FIVE (S)
YEARS
SUBMITTED THIS
PROPOSAL SUBMITTED BY:
Party Sparks, Inc
Title
$
$
$
$
$
ANNUAL PRICE
000
305-760-4969
Telephone Number
786-419-4959
Fax Number
ernie@lightfxpros.com
Email Address
END OF SECTION
55
EXHIBIT 5
CONTRACT
FIREWORKS DISPLAY SERVICES
RFP #PR2022 • 20
THIS CONTRACT, entered into this /6' day of ~,d , 2~::Z:rby the CITY
OF SOUTH MIAMI through its Manager, both of whom shallb ereinafter referred to as the
"CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail:
skamali@southmiamifl.2ov and Party Sparks, Inc with an office and principal place of
business located at:4401 NW 87 Ave, 4505 Doral FL 3317~ and E-mail address of ernie@lightfxpros .com
and Facsimile transmission number of 786-419-4959 (hereinafter called the
"CONTRACTOR".
WITNESS ETH:
WHEREAS, the CITY needs FIREWORKS DISPLAY SERVICES; and
WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required goods and/or
services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and
capable of providing said goods and/or services in a professional and timely manner and in accordance
with the CITY's goals and requirements; and
WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in
accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree as follows:
(I) Engagement of Contractor: Based on the representations of CONTRACTOR as set out
in the following documents the CITY hereby retains CONTRACTOR to provide the goods and/or services,
all of which is set forth in Scope of Services, as modified by the Contract Documents, (all of which is
hereinafter referred to as the Work").
• Respondent's Bid Form, attached as "Exhibit 3
• Respondents Cost & Technical Proposal attached as "Exhibit 4"
(2) Contract Documents: The Contract Documents include this Contract and the forgoing
documents (in paragraph (I) above) and the following documents, as well as any attachments or exhibits
that are made a part of any of the Contract Documents:
• Scope of Services, attached as Exhibit I
• CITY's Insurance & Indemnification Requirements, attached as Exhibit 2
• Solicitation documents for FIREWORKS DISPLAY SERVICES
RFP #PR2022-20 ..
This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification
Requirements take precedence over the response to the FIREWORKS DISPLAY SERVICES RFP
#PR2022 -20 including the CONTRACTOR's Bid Form and CONTRACTOR/ Respondent's Cost and
Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (I) above,
and in this paragraph, are attached hereto and made a part hereof by reference.
(3) Date of Commencement: CONTRACTOR must commence the performance of the
Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order,
(hereinafter referred to as the "Work Commencement Date"). Time is of the essence.
(4) Primary Contacts: The Primary Contact Person in charge of administering this Contract
on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or their written designee. The
Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name:
Ernest Ruiz e-mail: ernie@lightfxpros.com ; Fax: 786-419-4959 Street Address:
4401 NW 87 Ave, 405 Doral FL 33178.
(5) Scope of Services: The goods and/or services to be provided are as set forth in the Scope
of Services, attached as "Exhibit I.
(6) Compensation: The CONTRACTOR's compensation under the terms and provisions of
this Contract (hereinafter referred to as the Contract Price) is as set forth in
CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4 ' unless modified in writing signed by the CITY and CONTRACTOR.
(7) Hours of Work: It is presumed that the cost of performing the Work after regular working
hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained
56
herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless
specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their
written designee.
(8) Time Provisions: The term of this Contract commences on the Work Commencement
Date and continues for THREE ill Years. with One (I) TWO (2) Year Option-to-Renew, for a
term not to exceed FIVE (5) Consecutive Years. The Option to Renew is at the discretion
of the City Manager, unless the Contract is earlier terminated in accordance with the Contract
Documents.
(9) Termination: This Contract may be terminated without cause by either party with a thirty
(30) day written notice to either party. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the other Contract Documents.
( I 0) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of
this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County,
Florida.
( I I) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental body having
jurisdiction over any matter related to this Contract or the goods and/or services to be performed
hereunder and shall commit no trespass on any private property in performing any of the work embraced
by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract
is deemed to be inserted herein and this Contract must be read and enforced as though such provisions
and/or clauses are included herein.
I) Change Orders: No additional Work or extras shall be done unless the same is duly
authorized in writing and in advance of the work by appropriate action by the City Manager and in
accordance with the Contract Documents.
( 12) Licenses and Certifications: CONTRACTOR must secure all necessary business and
professional licenses at its sole expense prior to commencing the Work.
( 13) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event
that any of the Contract Documents provide for indemnification, nothing contained therein may
be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute,
Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect.
( 14) Jury Trial Waiver: The parties waive their right to jury trial.
( I 5) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The
Contract Documents may not be modified or amended except in writing, signed by both parties hereto
and if this Contract is required to be approved by the City Commission, all amendments thereto must be
approved in the same manner and with the same formality as this Contract if in the opinion of the City
Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may
not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay
in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the
Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any
act or omission.
( 16) Public Records: CONTRACTOR and all of its subcontractors are required to comply with
the public records law (s.119.070 I) while providing goods and services on behalf of the CITY and the
CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this
Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public
records required by the public agency to perform the service; (b) Upon request from the public agency's
custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law; (c) 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 contract term and following completion of the CONTRACTOR
if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of
the contract, transfer, at no cost, to the public agency all public records in possession of the
CONTRACTOR or keep and maintain public records required by the public agency to perform the
service. If the CONTRACTOR transfers all public records to the public agency upon completion of the
contract, the CONTRACTOR must destroy any duplicate public records that are exempt or confidential
57
a nd _exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains
public records upon completion of the contract. the CONTRACTOR must meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format that is compatible
with the information technology systems of the public agency.
2) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6 I 30 Sunset
Drive, South Miami, FL .33143.
( 17) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified
mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile
transmission and will be deemed delivered on the date shown on the e-mail, or delivery confirmation for
any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown
as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with
the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered
to have been delivered . Notices must be delivered to the following individuals or entities at the addresses
(including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies by U.S. mail to:
To CONTRACTOR:
City Manager,
6130 Sunset Dr.
South Miami, FL
33143 Fax:
E-mail: salexander@southmiamifl.gov
City Attorney
61 30 Sunset Dr.
South Miami, FL 33143
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.~ov
Ernest Ruiz -Party Sparks Inc
4401 NW 87 Ave, 405 Doral FL 33178
ernie@lightfxpros.com
( 18) Corporate Authority. The CONTRACTOR and its representative who signs this Contract
hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have
exercised, the required corporate power and that they have complied with all applicable legal
requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities
and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized
corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and
constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and
provisions.
3) Background Screening. All personnel and volunteers that will provide any service with
vulnerable persons, as defined in Section 435.02, Fla. involving the City or its Agency in such related
activity or who may have access to secure or sensitive areas of the City, must be in compliance with
Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to
the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its
personnel, including volunteers, from engaging in any such related activities without having passed a
background screening to the satisfaction of the City. A violation of this requirement shall constitute a
substantial breach of this Contract.
(19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace
policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by
reference.
(20) Transfer and Assignment. The services under this Contract may not be subcontracted
or assigned without prior written consent from the CITY which may be denied without cause.
(21) Most Favored Public Entity . CONTRACTOR represents that the Contract Price
negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for
58
the same or substantially similar items or services for comparable quant1t1es under similar terms,
conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR's price
to other clients decreases when providing the same goods or services as provided to CITY with the same
comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other
material cost factors, CONTRACTOR must immediately extend the same price to CITY.
(22) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with
Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E-
Verify system to verify work authorization status of all employees hired after January I, 2021. The
CONTRACTOR and all subcontractors must comply with and be bound by the following:
(a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with
an affidavit stating that the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's
affidavit as part of and pursuant to the records retention requirements of this Contract;
(b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person
or entity with which it is contracting has knowingly violated Section 448.09( I), Fla. Stat. or
the provisions of this section must terminate the contract with the person or entity;
(c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of
this section, but that the CONTRACTOR otherwise complied, must promptly notify
CONTRACTOR and CONTRACTOR must immediately terminate the contract with the
subcontractor;
(d) A contract terminated under the provisions of this Section is not a breach of contract and
may not be considered such;
(e) Any contract termination under the provisions of this Section may be challenged no later
than 20 calendar days after the date on which this Contract is terminated pursuant to
paragraph b. or c. above;
(f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a
violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public
contract for at least one (I) year. CONTRACTOR further acknowledges that
CONTRACTOR is liable for any additional costs incurred by the CITY as a result of
termination of any contract for a violation of this Section; and
(g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses
set forth in this Section, including this Subsection, requiring the subcontractors to include
these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in this Section
and CONTRACTOR's failure to enforce compliance is a substantial and material breach of
this Contract.
(23) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and
subconsultants, while performing work for the City, including the hiring and retention of
employees for the performance of Work, are prohibited from discriminating against anyone
on the basis of race, color, religious family status, sex (including sexual orientation, gender
identity and intersexuality), height, weight, domestic partnership status, labor organization
membership, political affiliation, national origin, age, disability or any other classification that
is federally defined as a "protected class" and Contractor must take all steps necessary to
prevent such discrimination by all of its employees, subcontractors and subconsultants who
are performing work for the City and must ensure nondiscrimination in all programs, services
and activities that are part of the Scope of Services. A violation of this paragraph is a
substantial, material breach of this Contract.
25.1 Contractor must include in all of its subcontracts the following clause:
Subcontractors and all of their employees, subcontractors and subconsultants, while
performing work for the City, including the hiring and retention of employees for the
performance of Work, are prohibited from discriminating against anyone on the basis of race,
color, religious family status, sex (including sexual orientation, gender identity and
intersexuality), height, weight, domestic partnership status, labor organization membership,
59
political affiliation, national origin, age, or disability, or any other classification that is federally
defined as a "protected class". Subcontractors must take all steps necessary to prevent such
discrimination by all of their employees, subcontractors and subconsultants who are
performing work for the City and must ensure nondiscrimination in all programs, services
and activities that are part of the Scope of Services. A violation of this paragraph is a
substantial, material breach of this Subcontract.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date
first above written, with full knowledge of its content and significance and intending to be legally bound
by the terms hereof.
Witnessed:
By: Manuela Perez
ATTESTED:
By: _________ _
Nkenga Payne
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
By: _________ _
City Attorney
CITY OF SOUTH MIAMI
By:----------
Shari Kamali
City Manager
END OF SECTION
60
EXHIBIT 7
City of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
(FORMAL PROCEDURE)
FIREWORKS DISPLAY SERVICES
RFP #PR2022-20
The following procedures will be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, means a response to a solicitation, including requests for proposals,
requests for a letter of interest and requests for qualifications.
i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be
aggrieved in connection with any formal solicitation or who intends to contest or object to any
bid specifications or any bid solicitation shall file a written notice of intent to file a protest with
the City Clerk's office within three calendar days prior to the date set for opening of bids. A
notice of intent to file a protest is considered filed when received by the City Clerk's office by
e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the
date and time of receipt of a notice of intent to file a protest. Any actual responsive and
responsible bidder who perceives itself to be aggrieved in connection with the recommended
award of a contract and who wishes to protest the award, shall file a written notice of intent to
file a protest with the City Clerk's office within three calendar days after the City Commission
meeting at which the recommendation is considered for action. A notice of intent to file a
protest is considered filed when received by the City Clerk's office by e-mail or, if hand
delivered, when stamped with the City Clerk's receipt stamp containing the date and time of
receipt.
ii. Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest
Letter") and submitted to the City Clerk's office within five calendar days after the date of the
filing of the notice of intent to file a protest. The Protest Letter is considered filed when the
Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk's
office. In order for the Protest Letter and filing fee to be considered timely delivered by hand
delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a
copy of the Protest Letter and the date stamp must also appear on a copy of the check issued
for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the
Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the
Protest Letter by email, the Protest Letter shall not be considered to be timely received until
and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment
is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a
copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the
date of receipt. The Protest Letter shall state with particularity the specific facts and law upon
which the protest is based, it shall describe and attach all pertinent documents and evidence
relevant and material to the protest and it shall be accompanied by any required filing. The basis
for review of the protest shall be the documents and other evidence described in and attached
to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically
described in and attached to the Protest Letter at the time of its filing shall be permitted or
considered in support of the protest.
iii. Computation of time. No time will be added to the above time limits for service by mail. The
last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal
holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or
legal holiday.
iv. Challenges. The written protest may not challenge the relative weight of the evaluation criteria
or any formula used for assigning points in making an award determination, nor shall it challenge
the City's determination of what is in the City's best interest which is one of the criteria for
selecting a bidder whose offer may not be the lowest bid price.
61
v. Authority to resolve protests. The Purchasing Manager, after consultation with the City
Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid
Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the
protesting party. The City Manager may then, submit a recommendation to the City
Commission for approval or disapproval of the protest, resolve the protest without submission
to the City Commission, or reject all proposals.
vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter
filed pursuant to the requirements of this section, the City shall not proceed further with the
solicitation or with the award or execution of the contract until the protest is resolved by the
City Manager or the City Commission as provided in subsection (e) above, unless the City
Manager makes a written determination that the solicitation process or the contract award
must be continued without delay in order to avoid potential harm to the health, safety, or
welfare of the public or to protect substantial interests of the City or to prevent youth athletic
teams from effectively missing a playing season.
END OF DOCUMENT
62
Pough, Quentin
From: Pepe, Thomas F.
Sent:
To:
Friday, September 30, 2022 3:15 PM
Kulick, Steven P
Cc:
Subject:
Webster, John; Riverol, A lfredo; Valdes, Yvette; Pough , Quentin
Re : Fireworks Display Serv ices
City staff complied with City purchasing policy and the City Charter by first soliciting
bids and then by requesting quotes from 3 sources of supply. You may proceed with
the v e ndor you find best meets the City's needs and that is in the best interest of the
City .
Thank you .
Very truly yours,
Thomas F. Pepe
City Attorney, Board Ce rt ified by the Fla . Bar
in Ci ty, County and Loca l Gov ernment Law.
City of South Miami
11000 SW 104TH St Unit 16 4 50 0
Miami , FL 33116-7080
Te l: (305) 667-2 56 4
E-mail : tpepe@sou t hm ia m ifl.gov
ATT EN TIO N: T his e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of
t he addressee named a bove. If you are not the intended receiver , you are hereby notified that any disseminat ion of this
communication is str ic t ly pro hibited. If you have received this e-mai l in error, please immediately notify us by te lephone ,
call collect if outsi de of yo ur area code and delete this e-mail. We w ill reimburse you for the cost of your long distance call.
Tha nk you . Please a lso no te: A ll e-mails to and from this e-mail site are kept as a public record. Your e-mail
comm unica tio ns , inclu ding your e-mail address may be d isclosed to the public and media at any time pursuant to Florida
St atutes , ch . 119 .
From: Ku lic k, St eve n P <SKulick@southmiamifl.gov>
Sent: Frida y, Se ptembe r 30, 2022 2:13 PM
To: Pe pe, Th o mas F.<TPepe@southmiamifl.gov>
Cc: Web ster, Jo hn <JW e bster@southmiamifl.gov>; Rivero!, Alfredo <ARiverol@southmiamifl.gov>; Valdes, Yvette
<Y Val des@sou thmiamifl.gov>; Pough, Quentin <QPough@southmiamifl.gov>
Subject: Firewo r ks Display Services
Tom,
The City issued two formal solicitations for Fireworks Display Services and no bids were
rec e ived for both solicitations. The first bid closed on August 9 and the second closed on
Sept e mb e r 8; pl ease refer to the attached Bid Opening Reports. Parks then contacted four (4)
firm s for informal quotes, using the same Scope of Services as in the formal solicitations and
1
63
r eceived t wo (2) r esponses. Parks would like to move f orward with the low bidder Party
Sp ark s, In c.
Pl ease adv ise if th e solicitation is acceptable and advise if Parks may move forward with
sc hedu ling t he awa rd recommendation for the Octobe r 18 Commission meeting.
Th an k yo u,
Steven Kulick, C.P.M.
Chief Procurement Officer/Procurement Division
Ci t y of South Miam i -6130 Sunset Drive -South Miami, Fl 33143
Ph : 305/663-6339; Fax: 305/663 -6346 -Email: skulick@southmiamifl.gov
From: Pough , Quen tin <QP ough@ southmiamifl.gov>
Se nt : Friday, Septembe r 30 , 2022 12:49 PM
To : Kulick, Steven P <SKul ick @sout hmiamifl.gov>
Cc: Webster, John <JWebst er@sou thmiamifl .gov>; Valdes, Yvette <YValdes@southmiamifl .gov>
Subj e ct: fireworks -part y sparks, inc.
St eve,
We fo r mally solic ited t his project two separate times. No bids were received.
Th e Dept. contacted 4 fi rm s internally. 2 bid proposals were received . The Dept . desires to move forward with Party
Sp arks, Inc.
Pl ease advise if the City At t o rney will accept the 2 bids and allow for a recommendation to be made to the City
Commiss ion on 10/18.
Th an k you .
Quentin Pough, CPR P
Dir ec t or
2
64
MIAMI-DADE
STATE OF FLORIDA
COUNTY oF MIAMI-DADE :
Before the undersigned authority personally appea red
GUILLERMO GARCIA . who on oath says that he or she is the
DIR ECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Business Re view fik/a Mi ami Re view , a daily (except
Saturday . Sunday and Legal Hol ida ys) newspape r,
published at Mia mi in Mia mi-Dad e County, Florida ; that the
attached copy of advertiseme nt, being a Legal Advertisemen t
of Notice in the matter of
CITY OF SOU TH M IAMI -PUBLIC HEARINGS -OCT . 18. 2022
in the XXXX Court.
was publish ed in said newspaper by print In the Iss ues of
and/or by publica tion on the newspaper·s website . ii
authorized , on
10/07/2022
Affiant further says that the newspaper complies with all
leg al requirements for publication in chapte r 50 . Florida
SSMes 'J~ fl~ 7fll::.:,..,;..,. ~ ,.;,
7 da y of OCTOBER . A.O . 2022
(SEA L)
GU ILLERM O GARCIA perso nally known to me
....... ~···· SARAPE REZ -·~'·""··\1,,j;,. f~r /;, \} Commluion # HH 031797
'-1~ll Explrea Aug11at 12, 2024
·••.~i !~?.•· 8ondtd Thru Troy fain Insure nee 800-385--7018'
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and
conduct vital business during the COVID 19 pandemic and, at the same
time, to protect the health, safety and welfare of its citizens. officers,
officials and administrative staff, and pursuant City of South Miami Code,
Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City
Manager's declaration of a state of emergency due to the Coronavirus, the
Oily will be holding its City Commission Meeting live in chambers and
VIRTUALLY through communications media technology (CMT) until the
state of emergency has ended or social distancing is no longer required by
any relevant Executive Orders. All Commission members will
partlcipate in Chambers or by video conferencing through the Zoom
platform and members of the public may join the meeting via Zoom at
(htt~zoom.us/j/3056636338) and participate. At a minimum, at least
three members of the City Commission will be physically present in the
City Commission Chambefs 1 and they will be broadcast on the Zoom
platfonn along with all other members of the Commission, City Staff and
the public who may attend remotely from the Commission Chambers and
from other locations.
The meeting is scheduled to begin on Tuesdl!)' October 18 20 at 7:00 .m.
to consider the following public hearing item(s):
A Resolution authorizing the City Manager to enter imo a multi-year
agreement with Party Sparks, Inc. for a fireworks display show in
celebration of Fourth of July.
A Resolution relating to a Special Use application to permit an Animal
HospitalNeterinarian at 7500 SW 61 Avenue.
65
If you desire to present evidence or you are unable to use Zoom , there are
procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public
attendance, all of which is set forth in the meeting notice posted at City
Hall and at h!!Q://www.southmiamifl. ov/580/Public-Meetings-Notices.
Anyone who wishes to review pending applicat ion, supporting documentation
or who desire to have documents made available for viewing by everyone
during the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant to Florida Statutes 286 .0105 , a person who decides to
appeal any decision made by a Board , Agency or Commission with
respect to any matter cons idered at its meet ing or hearing , a record of the
proceedings will be requ ired for sa id appeal and such person will be
requ ired to have a verbati m transcrip t of t he proc eed ings including the
testimony and evidence upon wh ich t he app eal is to be based.
ADA: To reques t a modification to a po licy, practice or procedure or to
request an auxiliary aide or service in order to participate In a City program,
ac ti vity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not coun ti ng the day of the meeting) deliver your request to
th e City Clerk by telephone: 305-663-6340 , by ma il at 6130 Sunset Drive ,
South Miami, Florida or ema il at npayn e@ southm iam ifl.gov.
NkengaA. Payne , CMG, FCRM
City Clerk
1 The minimum standards for adopting a resolution or enacti ng an
ordinance are set forth in 166.041 (4) ·•• A majority of the members of the
governing body shall constitute a quorum . An affirmative vote of a majo ri ty
of a quorum present is necessary to enact any ordinance or adopt any
resolution. -
10/7 22-104/0000624648M
4SE ...................................................................................................NEIGHBORS SUNDAY OCTOBER 9 2022
66
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the
same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami
Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus,
the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMn until
the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will
participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at
(https://zoom.us/j/3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the
City Commission Chambers' and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the
public who may attend remotely from the Commission Chambers and from other locations.
The meeting is scheduled to begin on Tuesday. October 18. 2022. at 7:00 p.m. to consider the following public hearing item(s):
A Resolution authorizing the City Manager to enter into a multi-year agreement with Party Sparks, Inc. for a fireworks display
show in celebration of Fourth of July.
A Resolution relating to a Special Use application to permit an Animal Hospital/Veterinarian at 7500 SW 61 Avenue.
If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated
phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall
and at http://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation
or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with
respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be
required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program,
activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ... A majority of the members of the governing body shall
constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ***
CITY OF OPA -LOCKA
REQUEST FOR PROPOSALS
RFP NO: 22-1101200
MAINTENANCE OF CITYWIDE ALLEYS
MAINTENANCE OF NW 27'" AVENUE AND 22ND AVENUE MEDIAN
MAINTENANCE OF 2 PARKING LOTS 700-750 ALI-BABA AVENUE AND 664 FISHERMAN STREET
TREE TRIMMING SERVICES (As needed basis) when the City requests assistance
STATE ROAD 9 ROADWAY
Sealed Proposals for Lawn Maintenance will be received by the City of Opa-locka at the Office of the City Clerk, 780 Fisherman St,
4th Floor, Opa-locka, Florida 33054, Tuesday, November 1, 2022 by 2:00 p.m. Any RFP Package received after the designated
closing time will be returned unopened. The City of Opa-locka will be accepting proposals by mail, however it is your responsibility
to submit your proposal by the due date. In addition, proposals may be submitted via www.demandstar.com (e-bid). The address to
submit sealed proposals is listed below:
CITY OF OPA-LOCKA
Office of the City Clerk
780 Fisherman Street, 4~ Floor, Opa-locka, Florida 33054
An original and six (6) copies for a total of seven (7) plus 1 copy of the Proposal package on USB Flash Drive in PDF format shall be
submitted in sealed envelopes/packages addressed to the City Clerk, City of Opa-locka, Florida, and marked RFP for Maintenance
of Citywide Alleys, Maintenance of NW 27th Avenue and 22nd Avenue Median, Maintenance of 2 parking lots 700-750 Ali-Baba
Avenue and 664 Fisherman Street, Tree Trimming Services (As needed basis) when the City requests assistance, and State
Road 9 Roadway.
Proposers desiring information for use in preparing proposals may obtain a set of such documents by visiting the City's website at
www.opalockafl.gov or www.demandstar.com.
The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The
City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO: 22-1101200
requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof.
A pre-bid meeting will be held on Tuesday, October 18, 2022 at 1:00 p.m. at 780 Fisherman Street, 4th Floor (Human Resources
Conference Room, Opa-locka, FL 33054 AND via zoom.
https://us02web.zoom.us/j/83448634958?pwd=RWd3ak8yMGRXWEw4azczVOp3VWFOUT09
Meeting ID: 834 4863 4958
Passcode: 691777
Dial by your location
+1 312 626 6799 US (Chicago)
+1 646 558 8656 US (New York)
+1 301 715 8592 US (Washington DC)
+1 669 900 9128 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
Find your local number: https://us02web.zoom.us/u/kbhc5Dg6Dv
Joanna Flores, CMC
City Clerk
C
Op a-lock a Community R edevelopment
Agency RFP N o. 22 -1011200
Bank in g Services
NOTICE TO CLOSE
RFP NO . 22-1011200
In the best interest of the Opa-locka Community
Redevelopment Agency we have decided to close
RFP No. 22-1011200 and reserve the right to
re-advertise in the future. City Clerk
BREAKFAST
SPECIAL
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6am-12pm 6am-1pm
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The same quality & tradition as the
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Monday-Friday 11 am-3pm
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Monday-Friday 10am-10pm
$9.49
RU Sludents & Faculty (12%) cash & (7%) Credit card • Unifonned Police Officers (25%) & County Employees (10%)
All major credit cards accepted-Including Primecard