ALTERNATE FIREWORKS PROPOSAL Palmetto - Manatee County July 4Th Extravaganza

TAB7 City of Palmetto Meeting Date Agenda Item I 04/01/19

Presenter: Jim Freeman I Department: ._I_ci_ty_Ha_l_I ------~ Title: July 4th Fireworks Display Background:

The agreement for our annual fireworks display is expired. The City continues to outsource these services and will need the approval of City Commission and Mayor to execute a new contract.

In accord with the purchasing ordinance, the Purchasing Department requested quotes from the five vendors that are currently registered with the City to provide these services; four vendors submitted a response.

After reviewing all of the quotes, Zambelli Fireworks provided the quote that is in the best interest of the City. Although their quote is offered as an "alternate" to the specifications in our solicitation, they are offering the same display as last year's July 4th event and at the same price.

The agreement is for a one (1) year term, with the option to renew for two (2) additional one-year terms with Commission approval. The cost of the contract is $40,000 and will be evenly split between Bradenton, Palmetto and Manatee County.

Budgeted $40,000 J Budget Page II Available J J Expenditure $40,000 Amount: ~--~- No(s): L___J Amount: ~----~- Amount:

Additional Budgetary 1/3 Being reimbursed from Manatee County and 1/3 from City of Bradenton Information:

Funding 001 579 Sufficient 181 Yes Budget [81Yes Source(s): 552 7100 Funds D No Amendment D No Source: Available: Required: ~------' CJ City Attorney 181 Yes Advisory Board D For Consistent Reviewed: D No Recommendation: D Against With: B~~s I I D N/A 181 N/A 181 N/A .______,_

Motion/ Direction Approve the July 4th Fireworks Display Agreement with Zambelli for an amount of Requested: $40,000, with the option to renew for two additional one year terms with Commission approval, and authorize the Mayor to execute the new Agreement.

Staff Contact: Nixa Haisley Purchasing Agent 723-4570 Ext 7112

Attachments: Zambelli Fireworks Proposal (Alternate) Zambelli Fireworks Agreement (5-Pages) Zambelli FIREWORKS ALTERNATE FIREWORKS PROPOSAL Palmetto - Manatee County July 4th Extravaganza

Fireworks proposal prepared by Zambelli Fireworks

Ernie Simmons Senior Project Manger (863) 287-9168 [email protected] Zambelli FIREWORKS

July 4th Display - Green Bridge Pier, Palmetto

Display Overview:

Show Date: July·41h, 2019

All Inclusive Budget and Duration: 25 minutes, $40,000 High impact, 25 minute choreographed display. High intensity display with many different effects, colors, sizes and sounds layered throughout the sky for a high impact frequency of artistic design.

Insurance Liability Coverage: $10 Million dollars (per show coverage) for each Fireworks Display. Zambelli uses the highest insurance premium in the industry with "AAA" rated companies.

Permit/Fire Dept: Zambelli Fireworks will secure all needed permits (unless otherwise specified by the City) and organize plans directly with Fire and Safety Authorities.

Transportation Liability Coverage: $5 Million dollars as required by United States Department of Transportation. (DOT)

Workers Compensation: Pyrotechnicians will meet all of the requirements of the Workers Compensation Laws of Florida.

Transportation: Fireworks and equipment will be delivered by qualified CDL drivers with Haz-Mat endorsed licenses as required by US DOT.

Personnel: Zambelli Certified Pyrotechnicians and Trained Assistants; no subcontractors used.

Safety Procedures: Zambelli Fireworks adheres to all safety regulations. NFPA 1123 code will be strictly enforced. Zambelli F'IREWCJRKS Program Philosophy

Generally speaking there's an opening segment, main body and grand finale of a fireworks display. Just as a great play or movie has various segments that flow together, firework shows are similar type productions that should never leave the audience wanting more or leaving disappointed.

There are fundamental basics that Zambelli Fireworks adheres to, with which we create the best displays in the industry. Some of these fundamentals include:

• No Dead Air Just as any TV, radio or Big Screen Production, "Dead-Air" is simply not acceptable. At any given time there will be multiple firings of shots · and shells in the air for the display.

• Shell Size Combinations A common way for companies to set a show is to shoot all 2 inch shells, then all 3 inch shells, then all 4 inch shells, etc. While this makes it easy for a technician, it is simply boring. Zambelli technicians are trained to set shows to create the ultimate in shell combinations for the various firing sites. For example, firing two 3 inch Gold Kamuro Willow shell (400 ft.), two 4 inch Purple Dahlias and one 6" Magnetic White Chrysanthemum is a great, beautiful combination. Firing two 3 inch Pink strobing lights and two 5 inch white strobing lights within second's offers up to 8 seconds of beautiful strobes covering 300 to 500 ft in the air.

• Rhythm and Intensity Just as many movies have a loud, action~packed car chase one moment followed by a romantic scene the next moment, fireworks productions also need to flow. A show that is too fast or too slow can get monotonous. Zambelli designs shows that one moment are a constant barrage of colors and booms while the next moment may be soft horsetail golden willows fluttering down from the sky one-by-one.

• Finales There's a major art to shooting a spectacular finale. Many people think a finale is simply shooting a lot of shells. While true from a quantitative standpoint, a finale must make sense in order to entertain most effectively. Zambelli deigns finales that start slower and lower. For example, 3 inch peony finale shells fired every half-second for 20 seconds may then grow in intensity to include white or silver glittering for the next 20 seconds. Then larger 4 inch blue cracking spiders take over while 3 inch white coconut trees are laying the ground cover. Finally the 100 3 inch multi-color crossettes are covering the sky while the 3 inch titanium salutes are rumbling the skies for miles. Zambelli FIREWORKS

Details of Proposed Show Segments

OPENING: An opening barrage is designed to attract the attention of the audience and entice them to pay attention ... "The show has just begun!" The opening barrage for your event will certainly impress as a barrage of assorted colors, effects, and noise shells fill the night's air. 30 seconds

The purpose of the opener is to impress on your audience that they are about to see something spectacular. A well-designed Zambelli opener will grab the crowd's attention and prepare them for a wonderful fireworks display.

FEATURE PRESENTATION: The main body of the fireworks display should not be just one shell fired one after another. It's about rhythm, timing, and choosing the perfect effects to complement one another to build themes. Some fireworks shells are designed to be extremely intense while others are designed to slow the pace down with beautiful, softer effects. The design team hand picks every display shell used to ensure a wonderful variety of effects. The audience will never see the same combinations of shells fired in a Zambelli production. 23 minutes

Different size shells will be breaking simultaneously throughout the display. This allows us to vary the intensity of the show, but more importantly create beautiful canvases of color and effect in the sky, that stimulate both visually and audibly.

BARRAGES OF MULTl-SHOT DEVICES: Multi-shot devices or barrage cakes are used to add to the dynamics of the show. Zambelli Fireworks uses only the highest quality Barrages with innovative effects, colors, and angles. These devices incorporate effect sizes from 1" to 2". Zambelli FIREWORKS

GRAND FINALE: and it will be GRAND!

Human nature is to remember things last experienced. The Grand Finale is what people will remember the most about a fireworks production. A poor finale will leave an audience disappointed. Zambelli Fireworks has a long tradition of supplying the best and biggest finales in the industry. It will be loud, it will be full of vibrant colors, it will be long, and it will leave a lasting impression. Hundreds of shots and effects of multi-color shells, gold and silver sparking lights, gold brocade crown shells and other effects coupled with chest-pounding titanium salutes will be the magical ending of the grand display. The finale will be fired from multiple positions with dynamic angles. The incorporated shells, with multiple different sizes and effects, will cover every inch of sky from 150 to 300 ft in the air. 2 minutes

The Finale will be LARGE. but classy. Effects will be fired at angles to light up a larger portion of the sky rather than create an area of overlapping colors. After an intense array of colors, effects, and sounds, the final few seconds of the Display will fire a barrage of gold hanging effects that will linger in the sky well after the last shell breaks.

Products:

Zambelli Fireworks carries an inventory of display shells that is more than 2,000 unique shapes, colors, patterns or varieties from nearly a dozen manufacturers. During the 2018 July 4th display season Zambelli fired more than 1,200 different types of unique shells during the opener, body and finale of shows. It would be next to impossible to discuss every single shell in detail and provide information on each one.

Zambelli chooses fireworks from a number of different manufacturers from around the world to provide audiences with both unique and creative products. Sunny, PyroEast, Vulcan, Dominator and Dancing products all come from premium Chinese manufacturers. Cabeller shells are very premium Spanish shells. Panzera from Italy make the best multi-shot shells and roman candles in the industry. Hosoya Japanese shells provide some of the best willow and kamuro snells in the world. Lastly, Zambelli still manufactures shells, some of which will be seen during the display. Zambelli FIREWORKS City of Palmetto - July 4, 2019 Proposed Product Listing

OPENING:

20 Three Inch Titanium Salutes with tails (loud, thundering booms) 60 Three Inch Red, White and Blue Chrysanthemum Finale Shells 24 Four Inch Assorted Finale Shells 1 O Five Inch Glittering Crossettes 12 Six Inch Long Duration Kamuros

BODY OF PROGRAM: (all shells are multi-color, specialty pattern and multi break shells)

180 Three Inch Assorted Colors, Patterns and Special Design Shells (Shot in groups of 3, Right 15°, Middle and Left 15°) 120 Three Inch Assorted Colors, Patterns and Special Design Shells (Shot in groups of 2, Right 30°, Left 30°) 120 Four Inch Assorted Colors, Patterns and Special Design Shells (Shot in groups of 2, Right 20°, Left 20°) 180 Four Inch Assorted Colors, Patterns and Special Design Shells 120 Five Inch Assorted Colors, Patterns and Special Design Shells 120 Six Inch Assorted Colors, Patterns and Special Design Shells 18 Eight Inch Assorted Colors, Patterns and Special Design Shells

SPECIAL EFFECTS/BARRAGE CAKES (5 Positions, 100' apart)

10 36 Shot Assorted Multi Shot Barrage Cakes 5 100 Shot Z-Shape Blue to Brocade Crown Barrage Cakes 3 136 Shot W-Shape Purple Kamuro to Silver Palm 5 400 Shot V-Shape Red, White, Blue wall 3 408 Z Shape Brocade Comet 2 36 Shot 2" Fan Long Lasting Silver Willow

GRAND FINALE:

120 Three Inch Titanium Salutes with tails (loud, thundering booms) 120 Three Inch Red, White and Blue Chrysanthemum Finale Shells 120 Three Inch Crackling Palm Tree w/Crackling Tail 120 Three Inch Glittering Crossettes w/Tails 120 Three Inch Blue & Red to Brocade Chrysanthemum Shells 108 Four Inch Assorted Finale Shells 25 Five Inch Assorted Finale Shells 36 Six Inch Assorted Finale Shells 2 Eight Inch Long Duration Kamuro w/ Rising Tail Zambelli FIREWORKS

Display Recap

OQener Body Finale Total Shells 3" 80 3" 300 3" 600 3" 980 4" 24 4" 300 4" 102 4" 426 5" 10 5" 120 5" 25 5" 155 6" 12 6" 120 6" 36 6" 168 8" 18 8" 2 8" 20 Multi Shot 4,564 Multi Shot 4,564

25 Minute, High Impact Choreographed Display

Display will utilize angled and straight mortars to spread the display for the largest impact possible from a single position

Display will use low level (1.5"-2") special effect barrage cakes, positioned in 5 display fronts, 100' apart along the display area to provide exciting additions to the overhead aerial display. These effects will create entire walls of color, aerial effects and angled shots over 600' long and will be synchronized and choreographed with the larger aerial shells, creating an amazing display of color and effects ranging from 100' to over 800' in the air.

Much beyond shell quantities is overall artistry. A painter is never judged based on how many colors he uses but rather on what he does with the colors and technique. The Zambelli Fireworks Experience includes the highest quality in fireworks products, the most well-trained and safe technicians in the industry, the highest per claim insurance amounts available, and the most dedication to providing amazing displays around the United States. Zambelli F"I REW CJ RKS

WHY CHOOSE ZAMBELLI?

Zambelli Fireworks prides itself on being able to provide the largest "bang for your buck." We have a Florida network which is unrivaled in the industry. With our offices in Boca Raton, a permanent storage facility in Okeechobee, and technicians around the state, Zambelli can pass the savings these local facilities provide, onto you. We can offer more shells, regular site visits for safety, and local technicians and management to ensure you receive the best production possible.

Zambelli Fireworks believes in honesty and integrity as a core company philosophy. We invite, and encourage. our clients to audit our firing sites for quality and quantity of our fireworks and equipment.

Experience and Qualifications

Proudly known as the "First Family of Fireworks," Zambelli Fireworks is one of the oldest and largest American fireworks companies.

The corporate headquarters and main plant operations are based in New Castle, PA. The southeast regional office is located in Boca Raton, FL and the western office is located in Bakersfield, CA. Zambelli Fireworks currently employees over 40 full-time individuals and thousands of trained, qualified pyrotechnicians. All full-time staff and technicians working with your display will be fully trained, federally approved, Zambelli employees.

The Zambelli family has manufactured the highest quality fireworks and has presented artistic excellence in fireworks displays for over 100 years.

The Zambelli name is recognized and respected, worldwide. Competitors strive to achieve the name recognition that Zambelli Fireworks commands today. Zambelli FIREWORKS

Zambelli Fireworks is known worldwide for setting the industry standard in show design and technology.

George Zambelli, Sr. was the pioneer of Zambelli Fireworks for over 65 years. His father, Antonio Zambelli, brought the artistry to New Castle, PA from Italy.

George Zambelli Jr., current Chairman of the Board, is carrying on the Family Tradition of "Lighting Up the Skies!" The Zambelli family and year-round professional staff of technicians, designers, office staff and administrators are here to assist and guide you in the development and implementation that is specific for your fireworks event. We have a team of individuals ready to make your event an extreme success.

Many of the most sought-after master pyrotechnicians in the industry are longtime employees of Zambelli Fireworks.

Experience means quality. Zambelli Fireworks is proud to have a number of individuals who have made long careers within the pyrotechnics industry. The Senior Plant Manager has over 35 years experience in fireworks, the Senior Choreographer/Show Designer has over 25 years experience in fireworks, and the Senior Product Manager has over 25 years experience choosing the highest quality shells and equipment. These individuals' dedication to the artistry of pyrotechnics creates a scenario for quality fireworks shows for every client, large and small.

There's a tremendous dedication to technician training to ensure the most safe display with the highest quality production.

All of our display technicians have attended Zambelli Fireworks' extensive training program and have met all of the rigid safety procedures, which exceed state and federal requirements. We offer a number of different training courses with extensive classroom and hands-on training, per year, around the country. New technicians must also work alongside experienced technicians to gain competence and meet the highest safety, regulatory, and overall performance standards.

Zambelli Fireworks exists as the largest fireworks company in the United States for one reason ... customer service and satisfaction EVERY SHOW!

Zambelli Fireworks is proud to be the largest fireworks company in the United States. However, we cannot rest on our laurels by simply being the largest. We must prove our quality and customer satisfaction to every client, on every show, every time. Clients trust us to successfully produce thousands of displays every year. Our goal is to outperform with every show, large or small. Zambelli FIREWORKS

COMPANY EXPERIENCE:

Internationally Known Programs

Gold Medal Winner - 2016 GlobalFest International Fireworks Competition Calgary, Canada, Pope Visit to Philadelphia 2015, The Statue of Liberty, Super Bowls, Presidential Inaugurations, Visits of Kings and Queens, Times Square NYE, Mount Rushmore, Washington D.C. and New York City Fireworks displays, Kuwait Display for the Troops in the First Gulf War and many more historical events.

Top U.S. Festivals and Civic Celebrations

Thunder Over Louisville/Kentucky Derby Festival, Minneapolis Aquatennial, Pittsburgh 250th Anniversary, Boise Riverfest, Macon Cherry Blossom Festival, the North Carolina State Fair, Canton Football Hall of Fame, Tampa Gasparilla Celebration, the Florida State Fair and many more.

Sports Franchises and Venues

Detroit Tigers, Pittsburgh Pirates, Baltimore Orioles, Colorado Rockies, Washington Redskins, Pittsburgh Steelers, Ft. Myers Miracle, Bradenton Marauders, Carolina Mudcats, Buffalo Bison, Charleston Riverdogs, Winston-Salem Wart Hogs, Louisville Bats, Clemson University, University of Miami, ACC Championship Game {Tampa), St. Petersburg Bowl (Tropicana Field) and a number of other College and HS Football venues.

Florida and Caribbean Displays

Tampa Gasparilla Pirate Festival, Bradenton Area River Regatta, Annual FFEA conference, Ft. Myers Edison Festival of Light, Orlando July 4th, Boca Raton July 4th, Sanibel Island July 4th, Naples July 4th and New Year's Eve, Sarasota July 4th and New Year's Eve, the Florida State Fair, Coconut Creek Festival, South Seas Resort, City of Marco Island, City of Winter Haven, Nevis West Indies, St. Thomas NYE, Puerto Rico NYE, and many, many more! Zambelli FIREWORKS

Your Personalized Zambelli Fireworks Team and Technicians

Ernie Simmons Senior Project Manager (561) 395-0955 Office (863) 287-9168 Cell [email protected]

Ernie Simmons has been designing and displaying shows for Zambelli Fireworks for more than 35 years. He has produced and fired displays both nationally and internationally. Ernie works closely with customers to insure that all logistics and planning are accomplished in the most efficient manner. Additionally, he acts as the Zambelli Florida Operations Manager overseeing the logistics and ATF regulations for all shows within the States of Florida and Colorado.

Danielle Fredrickson Senior Customer Service Manager 561-395-0955 [email protected]

Danielle is the person who works behind the scenes to make everything regarding the fireworks show logistics come together. She will work on the permit applications, certificates of insurance, technician coordination, area site maps, and can answer any question you may have regarding your fireworks display.

Zach Taminosian Design Choreographer/Senior Technician (561) 395-0955 Office (239) 225-8012 Cell [email protected]

' Zach is Zambelli Fireworks lead design choreographer for major displays. His 17 years fireworks experience, including both design and as a senior technician, gives him the knowledge and experience to create an awe-inspiring display every time. Zach has designed shows for the West Virginia 1501h Anniversary, the National Boy Scouts Jamboree Conference, the Colorado Rockies, Downtown Pittsburg July 4th, New Year's Eve Times Square, the Minneapolis Aquatennial Target Fireworks, and many more. Zambelli FIREWORKS

Chrysanthemums

Description: Typically a spherical break of colored stars that leave a trail or sparks behind. May include pistils (center multi break stars) or other features such as multi colored, half and half, cracking, etc.

Body

Red Chrys Red to Blue Chyrs. Green Chrys Silver to Green Chyrs. Yellow Chrys Gold Chrys. w/rising tails Blooming Silvery Chrys Glitter Silver to Red Chrys Blue Chrys White Twinkling Chrys. Red, White and Blue Chrys Spangle Chrys. w/rising tails Green to Purple Chrys Orange Chrys. w/rising tails Varied Colorful Flowers Purple Chrys Multi-Color Chrys Yellow Chrys Golden Chrys w/rising tails Silver Chrys w/rising tails Silver to Purple Chrys Silver to Green Chrys Glittering Silver to Red Chrys Variegated Rainbow Chrys Purple Chrys with White Pistil Green Chrys with Green Pistil Red Chrys with white Pistil Silver and Gold Chrys Gold Wave to Red/Blue Chrys Multi-Color Chrys to Popping Flowers Zambelli FIREWORKS

Peonies

Description: Typically a spherical break of colored stars that leave no trail or sparks behind. May include pistils (center multi break stars) or other features such as multi colored, half and half, cracking, etc.

Body

White Peony Blue Peony w/Blue Palm Tree. Silver Wave to Purple Peony Multi-Colored Peony Yellow Peony Green Peony w/Gold Palm Tree Purple Peony w/Gold Palm Red to Blue Peony Variegated Peony (rainbow) White Peony w/Blue Pistil Red, White and Blue Peony Glittering Peony Silver to Red Peony Silver to Blue Peony Orange Peony Half Green Half White Peony Silver Wave to Blue Peony Silver Wave to Purple Peony Red to Silver Peony Green to Purple Peony Golden Peony Blue Peony w/titanium reports Red and Green Peony Blue to Silver Peony Color Changing Peony Sparkling Peony w/Pistil Popping Peony (Red) Popping Peony (White) Half Blue Half Red Peony Half White Half Red Peony Half Green Half White Peony Golden Waves to Purple Peony Pink Peony · Brilliant Orange Peony Green to Silver to Blue Peony Red to White to Blue Peony Zambelli FIREWORKS

Crossettes

Description: A crossette is a unique shell that breaks into 6 or 8 arms. Then, after some delay, those arms again break into multiple arms criss-crossing each other in a grid-like fashion throughout the sky. Larger caliber shells may even have a third break in all of the arms.

Blue Crossettes Green to Blue Crossettes Red to Blue Crossettes Silver Crossettes Variegated Rainbow Crossettes Purple and White Crossettes Crackling Crossettes Gold Crossettes w/rising tails Red to Green Crossettes Green Crossette w/green Tails Green to Purple Crossettes Rainbow Crossettes wired Tails Red Crossette Palm Tree Blue Crossette Palm Tree White Flitter Crossettes Silver Crossettes Zambelli FIREWORKS

Duration/Lingering Effects (Willows, Brocades, Kamuros) ,

Description: A Long Duration/Lingering Effect is like a Chrysanthemum but burns slowly to the ground leaving a trail of aerial spark dust. These shells are many times gold or silver with various color tips, color changing, or have various colored centers. Zambelli uses many long duration effects at the end of finales to create a sky of gold or silver.

Twilight Glitter w/Purple Twilight Glitter w/Red Brocade Crowns Long Duration Red Falling Leaves Brocade Crown to Purple Brocade Crown to Red Variegated Falling Leaves Purple Falling Leaves Long Duration Kamuro Super Brocade Crowns Pixie Dust Willows Ultra-Long Duration Gold Kamuro White Poca Shells Gold Poca Shells Zambelli FIREWORKS

Dahlias

Description: A Dahlia shell is like a peony but uses dramatically larger and fewer stars to create brighter, wider trails of sparks through the air. They are typically very bold, defined colors used to mix up the pace of a show. They many times are also used in finales.

Assorted Color Dahlia Blue Dahlias w/Pistil Green Dahlia w/Pistil Red Dahlia w/Pisitl Yellow Dahlia w/Pistil Red and Blue Dahlia Pink Dahlia Silver Dahlia Gold Strobe Dahlia Blue Strobe Dahlia Red Strobe Dahlia Purple Strobe Dahlia Variegated Dalia White Dahlia w/Purple Tips Purple and Red Dahlia White Dahlia w/Red Tips Zambelli FIREWORKS

I Patterns

Description: Pattern shells come in a variety of shapes, sizes and depictions. Most notable shapes are shells with stars in patterns of hearts, smile faces, Saturn or other planet blasts, 4-leaf clovers, wagon wheels, etc.

Red Palm Trees Blue Palm Trees Red Hearts Triple Rings Green to Purple Ring Saturn Blasts Octopus Shells Meteor Rings Saturn Rings Crackling Palm Trees Smile Faces Triple Rings w/scattering stars Green to Blue Crossing Rings Half White Half Purple Ring White/Red Bowtie in Ring Zambelli FIREWORKS

Specialty Shells

Description: There's a variety of specialty, premium shells that include horsetail willows, scattering stars, bees, falling leaves, Palm Trees and other unique designs and effects.

Silver Bees Blue Bees Horsetails Aluminum King Shells Large Silver Whirls (Serpents) Blue and Red Spiders Trees of Many Colors Kaleidoscopes Peacock Feathers Gold Sparkling Kamikazes Thousands of Gold Waves Thousands of Red Waves Peacock Tails Red, White, Blue Dragon Eggs Silver and Purple Strobes Popping Flowers Treasure Chests Red Shell of Shells Green Magnesium to Fast Strobe Green Shell of Shells Multi-Color Shell of Shells Tourbillion and Multi-Color Zambelli FIREWORKS

Specialty Noise

Description: Noise shells come in many different types. The most popular are cracking, whistling or screamers, thousands of popping flowers, and the extremely loud titanium salutes.

Cracking Delight Serpents with Reports Diamond Screamer Whistles Large Silver Screaming Whirls Crackling Double Rings White and Green Scattering Crackling Coconut Trees Blue Crackling Spiders Twice Crackling Rain Tourbillion w/Reports Blue Crackling Flowers Green Crackling Flowers Artillery Titanium Thundering Tourbillions Gold Crackling Chrys Whistles and Stars Zambelli FIREWORKS

Description: Barrage Cakes or Multi-shot devices are designed to significantly enhance fireworks displays by adding hundreds of rapid-fire shots of various effects. They are mainly used to create tableaus in tandem with aerial shells breaking around the multi shot devices. Below are a just a few examples of the various types and designs.

35 Shot White Flitter Comet Box 119 Shot Rapid Fired Gold Comets 35 Shot Red Crossette Fan Box 192 Shot Fast Pearl Zippers 35 Shot Thunder Tourbillion Fan Box 96 Shot Peacock Tails 35 Shot Dragon Eggs w/Tails 140 Shot Silver Rain 36 Shot Silver Fish with Tourbillion 80 Shot V-Shape Silver Coconuts 36 Shot Assorted Colorful Falling Leaves 80 Shot V-Shape Rainbow Chrys. 36 Shot Gold Twinkling Kamuro Box 200 Shot Whistling Comets 36 Shot Red and Blue Crossettes 70 Shot Z-Shape Midnight Snow 49 Shot Red and Silver Moons 400 Shot V Shape Rapid Fire Box 49 Shot Red Crackling Tails 408 Shot Zipper Rapid Fire Box 49 Shot Silver Crossettes 300 Shot Finale Comet Box 49 Shot Red and Green Crossettes 665 Shot Silver Barriers 100 Shot Hammer Boxes Angle Wipe Devices - (various angles) 100 Shot Brocade Crowns Zipper Curtain Devices 100 Shot Blue Crossettes with Tails Zipper Chase Devices 100 Shot Variegated Peonies Fan Chase Devices 136 Shot W Shape Purple Kamuro 136 Shot W-Shape Silver to Green 300 Shot 8 Shape White Strobe 300 Shot 8 Shape Red Pear Comets 372 Shot W-Shape Golden Willow 408 Shot Z Shape Lime Green Pearl CITY OF PALMETTO FIREWORKS DISPLAY QUOTE FORM

Anti-Collusion Statement: The Vendor signing below has not divulged to, discussed or compared their quote with other vendors and has not colluded with any other parties. (NOTE) No premiums, rebates or gratuities permitted either with, prior to, or after any request for bid. Any such violation will result in the cancellation of the contract and removal from bid list(s). To the Purchasing Agent of the City of Palmetto: We (I) have read ALL attachments including the specifications and FULLY understand what is required to provide FIREWORKS DISPLAY as follows:

Total $40,000.00

Forty Thousand Dollars and No Cents (Total Bid in Words)

Can you guarantee delivery to meet July 4th date as set forth in this bid? _Y_e_s ______

Indicate time you will begin setup time Please see attached Load-In Schedule

COMP ANY NAME (Print) Zambelli Fireworks Mfg. Co.

ADDRESS 1060 Holland Drive, Suite J

ADDRESS Boca Raton, FL 33487

NAME & TITLE Ernie Simmons - Sr. Project Manager

FEDERAL ID# 8-PA-003-23-1 B-02044

LICENSED IN THE STATE OF: PA ------Please attach a copy of License(s)

z - zo-1 c:; SIGNATURE & DATE L---6~:~·::::::_:----~-- --. --. _,,,-=...;.._------"'------~ (continued) Quote Form - Page 2 ES Bidder's Initials

RECOMMENDED FIREWORKS DISPLAY FROM GREEN BRIDGE FISIDNG PIER

Opening 70- 3" Assorted Color Changing Shells 25 - 4" Color Peony Shells 20 - 5" Two-Color Peony shells 15 - 6 11 Large Spreading Chrysanthemum Shells

Main Body

400 - 3" Asso1ted Color Changing Star Shells -Main Body

4" Shells 150 - Multi Color Star Shells 150 - Fancy and Color Changing Shells 40 - Special Effect Shells N/A 40 - Variegated Crackling Shells *Please refer to attached 40 - Pattern Shells "Alternate Display" Quote 40 - Assorted Comets

5" Shells 90 - Multi Color Star Shells 90 - Fancy and Color Changing Shells 25 - Special Effect Shells 25 -5" Variegated Crackling Shells 25 - Pattern Shells

6" Shells 70 - Multi Color Star Shells 50 - Fancy and Color Changing Shells 30 - Special Effect Shells 30 - Variegated Crackling Shells

8" Shells 10 - Color Changing Chrysanthemum Shells W /Pistol & Tails 10 - Color Changing Peony Shells 10 - Pattern Shells 10- Assorted Color Changing Shells

Finale 1500 - 1 W' Multi Color Shells 650 - 3" Assorted Color Shells 125 - 4" Color Changing Chrysanthemum Shells 40 - 5" Flowering Peony Shells 35 - 6" Large Multi-Color Chrysanthemum Shells 25 - 6" Long Duration Kamuro Effects Quote Form - Page 3

ES Bidder's Initials

DESCRIPTION OF SAFETY PROCEDURES

Zambelli Fireworks adheres to all safety regulations. NFPA 1123 code will be strictly enforced.

DESCRIPTION OF SPECIAL FEATURES

N/A

BUSINESS REFERENCES

Name Siesta Key Chamber of Commerce Phone ~-3_4_9_~3_a_oo____ _

Address 5114 Ocean Blvd. Email [email protected]

City Siesta Key State FL Zip 34242 Contact _A_n_n_F_r_es_c_u_ra______

Name Marina Jack I Suncoast Charities for Children Phone ( 941-~_65_-4_2_3_2 ____

Address 2 Marina Plaza Email [email protected]

City Sarasota State FL Zip 34236 Contact _G_r_eg_C_or_v_e_lle______

Name ISM-USA Bradenton River Regatta Phone~ 298-2884

Addt·ess 937 Oakwood Place Email [email protected]

City Natrona Heights State PA zip 15065 contact_M_i_ke_Fe_t_ch_k_o______

DESCRIPTION OF PROGRAM VARIATION (May provide additional sheets and information as desired) Alternate Quote provided CITY OF PALMETTO FIREWORKS DISPLAY CHECKLIST

Company Name: Zambelli Fireworks Mfg. Co.

This check list is provided to assist Vendors in the preparation of their response. Included in this checklist are important requirements that are the responsibility of each Vendor to submit or acknowledge with their response in order to make their bid response fully compliant. This check list is only a guideline; it is the responsibility of each Vendor to read and comply with the Request for Quote in its entirety. l Package has been addressed to: City of Palmetto Attn: Purchasing Depa1tment 516 8111 Avenue W Palmetto, FL 34221 Or emailed to: [email protected] V Bid Submittal is identified as: Title ''FIREWORKS DISPLAY2019" . Due Date and Time -Friday, February 22, 2019 - 2:00pm EST :{_____ Bid Form (Three Pages and Copy of License) ..::L__ Public Entity Crimes Form (Check to Acknowledge you will submit when requested) ..::L__ Drug Free Workplace Certification (Check to Acknowledge you will submit when requested) ..L_ OSHA Acknowledgment Form (Check to Acknowledge you will submit when requested) L Acknowledgment of Addendum #'s (if applicable) ..L_ This Checklist Form Signed & Sealed

This RFQ is submitted and signed by the individual duly authorized to enter into agreement. certify that this RFQ is made without prior understanding, agreement or connection with any corporation, firm or person submitting bid for the same materials, supplies or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences and civil damage awards. I have read and agree to abide by all requirements, specifications, terms and conditions of this RFQ.

Ernie Simmons Print Name ~==--~ Signature Federal Explosives License/Permit U.S. Depnrmwnt or Justice Bureau of Alcohol, Tobacco, Firearms nnd Explosives (18 U.S.C Cltapter40) lllll\\llllfllllDlllmui11111111111n11lllUAlllll

In accordance with the provisions ofTitlc XI, Orgunizod Crime Control Act of 1970, nnd the regulutions issued thereunder (27 CFR Pnrt SSS), you may ongag1: in the notivity specified In this license or pem1it within the limitations of Chapter 10 ,Ti !eJJ, United States Code and the regulations issued thereunder, unlil the expiration dnlo shown. I.U!£.L.1.£!:1'llil~ IS NOT TM Nf!.tER n · .. , ' · EJ::;.5!~~... - See- "WARNlNOS" and ''NOTICES" onroverse. Direct ATF ATF - Chief, FELC , '1 /~, Correspondence To 244 ~ecdy Road . -'(!h 4 ·-' ·" Mnrtmsbur , WV25405-941Jl:. -· ''"'" • Chiet: Federal E plosives Lioensing Center (FEL.

' ~ ~ ,(·I·'\ _, • ·,1( Name ZAMBELLI FIREWORKS IN

Type ofLlconsc or Penn it

Purotlllsing Cortlflo ~l'i5n° '!be li.::e11see or peimittec named abov4 shnll uso trnnRferer of explosives to verify the identity ll!ld p""nill~a as provid.ld by 27 Cl'R Part SSS. §lmnture. A faxed, scw111ed or e-melhld copy of th •Jic h1t~nded to ba rut original slgnnt11ro Is acceptoblo. Tiii,, El•ploslves Li~1saa (FEL} or a rasponsibleperson oft copy ofa llcenso or pennit Issued tod1e licensee or permi ~t bu~inessor erntlo ecifi~d a vaun~.:r "Type ofLicl)Jlie-~- . \ ·~ ~(i'W> ,,.,..,.., • 0.... ~,J;:-_, Llo~ermittee R~nsil>I Person Signature ' l tt~°"" A 'I> 15-ftiV\ ·~ft. t oJ.. ',\i.,. Printod Name Date ATF Forni .5400.l

Fcde1•al Explosives Ucense (FBL) C'uston1e1• Sea'\ic{' Itifo11nntlon Federal Explosives Licensing Center (FELC) Tolt·frco Telophone Number: · {877)283-3352 ATF Homepage: www.atl'.gov 244 1't eedy Rond FrucNmnber: (304)616-4401 Mnrtinsb~rg, WV 2S40S-943 I E-mnil: [email protected]

Chnng~ of Address (17 CFR 555.54(a}(l)). Lloonsecs or permitlcos may during the term ot'their ourrent lioonsa or permit remove thoir business oropemtious to 11 new !ocntion at which thoy Intend regularly to carry on suoh business or oporutions. The licensee or permiltee Is required to give nolificntion of the new location of the business or operntions not less than I0 days prior to sugh removnl with the Chlof, Federal Explosives Licensing Cc11ter. Tho license or pe1mlt will be valid for the remainder of the term of the originul license or ptJnnit. (111e 01ld, FELC, $hall, If the licensee or permlttee Is not qualified, refe1· lhe request for 11mendcd license 01• pet•mft to the Dlrl!ctor of Industry Opc1•allons lbr denilll In accu1·dance- wllh § 555.54.)

Right of Succession (27 CFR J5J.J9). (a) Certain persons oth1:r than 1110 license.: or pennittee muy secure the right to coriy on the same explosive mnteriaJ9 business or operations at the same address shown on, and for tho remainder of the term of, a current license or pennit. Suoh porsons are: (1) The surviving spouse or child, or exeoutor, administratof, or other legnl representativo of n deceased licensee or pormitNo; and (2) A receiver or trusti:e In bonkruptoy, or an assignee for benefit ofcreditora. (b) In order lo secure the right provided by this section, the person or pcrsons continuing the business or operations shall f\lrnisb the license or pennit for for that business or oporalions for endorsement of suoh succession to tho Chief. FELC. within 30 days from the date on which the successor begins to cany on the business or operations. (Conlln11ed 011 l'BVBJ'SB $1d1} t------1CutHereX [ Fcdel'nl Explosives Llcensc/Pe1mlt (FEL) Infonnation Cal'd I License/Permit Name: ZAMBELl,.1.F.jf!E;WORKS MANUFACTURING CO I , .--::f;'.;~.\;,!,~f/'.~~);·, : BusinessNnmo: ZAM~~L!1'~.I Q~,,,·~\INTERNATIONALE I {(; ~ ..,.. ~1 Gl1 I I .. · t~: r."'·~'li'li! ,} " I 1License/Permit Number: 8':.t~~f.3-2:f1 ~~~~/1 I \~;:-.... ~~" .r.1;· ·-.:.l1 : LicenseJPennit Type: 23·1MP·q~~

11--~~~~~~~~~~~~~~~~~~~~~~--1

I____ Pl~nse Nore: M ______Not Valid for tha Said or Otlt~r Dispooition of BXJ)loslvas. _ ''--~~~~~~~~~~~~~~~~~~~~~~~ ~RD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lleu of such endorsement(s). PRODUCER Allied Specialty Insurance, lne. 22~~'.'" Michelle Kugler 10461 Gulf Blvd rA~~N9n ov>I· 727·647•3070 I r.o~ Mn\o 727 ·367·6695 Treasure Island, FL 33706-4814 ~6-'DA~~ss: [email protected] INSURl!R(S)AFFORDING COVl!RAGI! NAIC# INSURER A: T.H.E. Insurance Company 12806 INSURED ZAMBELLI FIREWORKS MFG CO, INC., ETAL INSURERS: 120 Marshall Drive, INSURERC: Warrendale, PA 16086 INSURERD: INSURERE: INSURE.RF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AUDL SUBR I~~: TYPe OP IHSURANCE "'"n '""'" POLICY NUMBeR ,.!;2M~~. ,~arJ~~. LIMITS COMMERCIAL GENERAL LIABILITY A x CPP0103167-06 02/01/2019 02/01/2020 EACH OCCURRENCE $ 1,000,000 - D CLAIMS-MADE [XI OCCUR ~~~[}~~~ vra~~~ncel $ 100,000 NIA - MED EXP (Ally one person) $ 1,000,000 - PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 ~ POLICY DPRO·JECT D LOC PRODUCTS· COMP/OP AGG $ 2,000,000 OTHER: Protection & Indemnity $ 1,000,000 l1;:~MBl!'lED SINGLE LIMIT A AUTOMOBILI! LIABILITY CPP0103167-06 02/01/2019 02/01/2020 a accldenff $ 1,000,000 X ANYAUTO BODILY INJURY (Per person) $ ~OWNED - SCHEDULED - AUTOS ONLY - AUTOS BODIL y INJURY (Per acoldenl) $ HIRED NON-OWNED $ - AUTOS ONLY - AUTOS ONLY Ff.~~~:J.~RAMAGE $ A UMBRELLA LIAB fXj OCCUR ELP0011 OB1-06 GL 02/01/2019 02/01/2020 EACH OCCURRENCE $ 9,000,000 EXCESS LIAB CLAIMS·MADE AGGREGATE $ 9,000,000 x Excess P & I Included OED I I RETENTION$ $ WORKERS COMPENSATION I ~f~UTE I I ~~H· AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA Coverage Is afforded In lhe Slale(s) of: (Ma11datory In NH) D E.L. DISEASE· EA EMPLOYEE $ grsM~if~~ ~1~PERATIONS below E.L. DISEASE· POLICY LIMIT $ A Inland Marine I Hull CPP0103167-00 02/01/2019 02/01/2020 Hull Limit $900,000 Excess Auto Show Limit $1,500,000 ELP0012954-00 VL 02/01/2019 02/01/2020 EA OCC & AGGREGATE $4,000,000

DESCRIPTION OF OPERATIONS/ LOCATIONS IVl:HICLES (ACORD 101, Addltlonal Remarks Schedule, may be altached If more apace ls required) Display Date: Rain Date: Locallan: RE: General Llablllty, the following are named as addltlonal insured In respects to Iha nagllganca of the named Insured, excess Is follow form: SAMPLE

CERTIFICATE HOLDER CANCELLATION SAMPLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED lN ACCORDANCe WITH THE POLICY PROV!GIONS. - AUTHORIZED REPRESENTATIVE '7 ldfa I l.1w-I ~-~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ZAMBELLI FIREWORKS MANUFACTURING CO.

THIS CONTRACT AND AGREEMENT (this "Contract") is made effective as of this l51 day of April, 2019, by and between: Zambelli Fireworks Manufacturing Co. of New Castle, Pennsylvania (hereinafter referred to as "Zambelli"), -AND- City ofPalmetto, FL (hereinafter referred to as "Client"). WHEREAS, Zambelli is in the business of designing and performing exhibitions and displays of fireworks; and

WHEREAS, Client desires that Zambelli provide an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof, and Zambelli desires to perform an exhibition and display of fireworks for Client's benefit pursuant to the terms and conditions hereof. NOW, THEREFORE, in consideration of the mutual agreements herein contained:

Zambelli, intending to be legally bound, agrees as follows: 1. Zambelli agrees to sell, furnish and deliver to Client a fireworks display [per the proposal submitted by Zambelli to Client, accepted by Client and made a part hereof as Exhibit A] (hereinafter referred to as the "Display") to be exhibited on the display date set forth below (hereinafter referred to as the "Display Date"), or on the postponement date set forth below (hereinafter referred to as the "Postponement Date") if the Display is postponed as provided herein, which Display Date and Postponement Date have been agreed upon at the time of signing this Contract. Display Date: July 4, 2019 Postponement Date: July 5, 2019 2. Zambelli agrees to furnish the services of display technicians (hereinafter referred to as "Display Technicians") who are sufficiently trained to present the Display. Zambelli shall determine in its sole discretion the number of Display Technicians necessary to take charge of and safely present the Display. 3. Zambelli shall indemnify, keep and save harmless the City, its contractors, officials and employees, against all injuries, deaths, losses, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may accrue against the City arising out of the performance of or failure of Zambelli to perform the services required by this Agreement or the terms of this Agreement, whether or not it shall be alleged or determined that the act was caused through negligence or omission of Zambelli or its employees, subcontractors, licensees, invitees or guests. Zambelli shall pay all charges of attorneys and all costs and other expenses incurred in connection therewith, and if any judgment shall be rendered against the City in any such action, Zambelli shall, at its own expense, satisfy and discharge the same. Zambelli expressly understands and agrees that any performance bond or insurance protection required by this Agreement, or otherwise provided by Zambelli, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided.

4. Zambelli agrees to furnish insurance coverage in connection with the Display for bodily injury and property damage, including products liability, which insurance shall include Client as additional insured regarding claims made against Client for bodily injury or property damage arising from the operations of Zambelli in performing the Display provided for in this Contract. A copy of endorsement must be included with certificate. Such insurance afforded by Zambelli shall not include claims made against Client for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 6 and 7 below. Client shall indemnify and hold Zambelli harmless from all claims and suits made against Zambelli for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 6 and 7 below. Subject to the limitations on liability contained in Section 768.28, Florida Statutes. These provisions are not intended, and should not be construed, to limit sovereign immunity.

PI-2054613 v6 Client, intending to be legally bound, agrees as follows: 5. Client agrees to pay Zambelli the sum of $40,000 (hereinafter referred to as the "Purchase Price"), fifty percent (50%) of which is due upon signing this Contract and the balance of which is due upon completion of ~ the display and payable within 15 days. Zambelli reserves the right to add to Client's invoice an equitable transportation surcharge in the event of any material increase in transportation costs (including the cost of fuel and third party shipping costs) to Zambelli after the date of this Contract. In addition, Client agrees to pay a postponement fee of fifteen percent (15%) of the Purchase Price plus Additional Third Party Charges (as defined in paragraph 12 below) ifthe Display is fired on the Postponement Date, or twenty-five percent (25%) of the Purchase Price plus Additional Third Party Charges ifthe Display is fired on a date other than the Display Date or the Postponement Date ("Alternate Date"). The Alternate Date must occur within six months of the original Display Date at a time agreeable to both Zambelli and the Client. Generally, Alternate Dates will not include the period from June 28th through July 7th. Checks shall be made payable to Zambelli Fireworks Manufacturing Co., unless otherwise authorized in writing by Zambelli. NO CASH shall be paid to any agent or employee of Zambelli, unless otherwise authorized in writing by Zambelli. There shall be no refund of the Purchase Price due and payable under this paragraph 5, except as specifically provided in paragraph 12 below. 6. Client agrees to meet all deadlines outlined in the Design and Production Provisions, which has been provided to Client, including but not limited to the following:

(a) Client must select a suitable place for the Display, including a firing and debris zone reasonably acceptable to Zambelli (hereinafter referred to as the "Display Area") and submit such selection to Zambelli no later than sixty (60) days prior to the Display Date. The Display Area shall adhere to or exceed applicable National Fire Protection Association ("NFPA") standards including the Zambelli guideline that the Display Area have a radius of at least 100 feet per inch (or as mutually agreed to between Zambelli and Client) of the largest diameter pyrotechnic from the firing site in all directions to any parking area, spectators, inhabited buildings, public roads, or active railroad. Client shall submit a site map (attached hereto as Exhibit A) to Zambelli accurately representing the physical characteristics of the Display Area as pertains to NFPA and Zambelli guidelines. The content of the Display may be limited by the selection of the Display Area due to the requirement to provide sufficient safety zones.

(b) Zambelli will secure all permits necessary for the Display as required, including but not limited to police, local, and state permits, and arrange for any security bonds or insurance as required by law. In addition, Zambelli will notify and obtain permission from the FAA to display fireworks. Client will assist Client when appropriate in completing permit applications.

( c) If the Display is choreographed to music, the final selection of the music must be submitted to Zambelli by Client no later than ninety (90) days prior to the Display Date.

7. If, in its sole discretion, Client designates an area for members of the public to view the Display (hereinafter referred to as the "Spectator Area") or an area for vehicular parking (hereinafter referred to as the "Parking Area"), Client shall (a) ensure that the Spectator Area does not infringe on the Display Area, (b) have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including but not limited to grandstands and bleachers are safe for use by spectators, ( c) have sole responsibility for ensuring that the Parking Area is safe for use, ( d) have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police and monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that Zambelli shall not inspect any area other than the Display Area, except to ensure that any Spectator or Parking Areas are outside the Display Area.

8. Prior to, during, and immediately following the Display, Client shall monitor the Display Area and will be solely responsible to keep all persons and property not authorized by Zambelli out of the Display Area and behind safety zone lines and limits.

9. Following the Display, Client shall be solely responsible for policing of the Display Area and for cleanup except as specifically provided in the sentence immediately following. Zambelli shall be responsible for the

2 removal of unexploded fireworks and the cleanup of material debris, the removal of frames, sets and lumber from the Discharge Area, and the refilling of holes created by Zambelli or on behalf of Zambelli within the Discharge Area. 10. Client will include a direct reference to "Zambelli Fireworks" in all promotional material, including but not limited to event schedules; radio, television, newspaper and internet announcements; newspaper articles; and other media. The parties, intending to be legally bound, mutually agree as follows: 11. It is agreed and understood by the parties hereto that should inclement weather prevent firing of the Display on the Display Date, as determined by the Authority Having Jurisdiction (as defined in paragraph 15 below) or as reasonably determined by Zambelli, then the program shall be postponed and fired on the Postponement Date. If there is no Postponement Date and the Display is not fired on the Display Date, or if inclement weather prevents firing of the Display on the Postponement Date, as determined by the Authority Having Jurisdiction or as reasonably determined by Zambelli, the Display will be cancelled and there will be no refund of the Deposit or fifty percent (50%) of the Purchase Price, whichever is greater. 12. Client's cancellation of the Display will only be effective upon receipt by Zambelli of a written notice from an authorized person representing Client. In the event of cancellation of the Display, the parties agree as follows:

(a) If Client cancels the Display more than sixty-one (61) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to ten percent (10%) of the Purchase Price plus Additional Third Party Charges, as defined below.

(b) If Client cancels the Display from thirty-one (31) to sixty (60) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to twenty percent (20%) of the Purchase Price plus Additional Third Party Charges, as defined below.

(c) If Client cancels the Display from five (5) days prior the Display to thirty (30) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to thirty percent (30%) of the Purchase Price plus Additional Third Party Charges, as defined below.

(d) If Client cancels the Display less than five (5) days prior to the day of the Display, Client agrees to pay Zambelli a cancellation fee equal to fifty percent (50%) of the Purchase Price plus Additional Third Party Charges, as defined below.

(e) "Additional Third Party Charges" shall mean all costs and expenses incurred by Zambelli and paid or payable to third parties in connection with the Display, including but not limited to security fees, permits and licensing fees and expenses, barge and tow expenses, and firewatch fees.

(f) If Zambelli cancels or fails to perform according to the contract, options are Zambelli offering to find the City a suitable replacement in the City's reasonable discretion. Additionally, if Zambelli does not find a suitable replacement in time for the Display Date, then the City shall be entitled to a full reimbursement of any payments made by the Client in addition to relieving the Client of any remaining payments to Zambelli.

13. Zambelli reserves the exclusive right to make minor modifications and substitutions to the Display, provided that such changes are reasonable and necessary and do not materially adversely affect price, time of delivery, functional character or performance of the Display. 14. It shall be within Zambelli's and/or the Authority Having Jurisdiction's discretion to terminate the firing of the Display if any unsafe or unsuitable condition is identified. If such condition is not corrected, Zambelli may cancel the Display without further liability to Client for such cancellation. 15. The parties agree to cooperate and comply with the regulatory authorities having jurisdiction over the Display, including, but not limited to local fire and police departments, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Transportation, the Department of Homeland Security, and the USCG (any such

3 authority having jurisdiction over the Display is sometimes referred to herein as, the "Authority Having Jurisdiction"). The parties acknowledge that such governmental regulatory authorities having jurisdiction over the Display have the right to prohibit the Display until unsafe or unsuitable conditions are corrected. 16. This contract shall be deemed made in the State of Florida and shall be construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. The parties agree and consent to the jurisdiction of the Courts in and for Manatee County, Florida, to decide all disputes regarding this Contract.

17. If Client becomes bankrupt or insolvent, or if a petition in bankruptcy is filed by or against Client or if a receiver is appointed for Client, Zambelli may refuse to perform under this Contract and may terminate this Contract without prejudice to the rights of Zambelli. If Client's financial condition becomes unsatisfactory to Zambelli, Zambelli may require that Client deposit the balance of the Purchase Price in escrow or provide sufficient proof of its ability to pay the balance of the Purchase Price. 18. Except to the extent, if any, specifically provided to the contrary herein, in no event shall Zambelli be liable to Client for any indirect, special, consequential, incidental or punitive damages or lost profits, however caused and on any theory of liability (including negligence of any kind, strict liability or tort) arising in any way out of this contract, whether or not Zambelli has been advised of the possibility of damages. 19. If Client fails to pay the monies due under this Contract, Zambelli is entitled to recover the balance due plus interest at one and one-half percent (1 Yi%) per month on amounts past due sixty (60) days or more. Further, on balances outstanding one hundred twenty (120) days or more, Zambelli is entitled to recover the balance due, plus accrued interest, plus attorney's fees of ten percent (10%) of the amount past due, plus court costs, or, if less, the maximum amount permitted by law. 20. This Contract shall not be construed to create a partnership or joint venture between the parties or persons mentioned herein. 21. Each party hereunder shall be excused for the period of delay in the performance of any of its obligations hereunder and shall not be liable for failure to perform or considered in default hereunder, when prevented from so performing by a cause or causes beyond its reasonable control, including but not limited to fire, storm, earthquake, flood, drought, accident, explosion, operation malfunction, or interruption, strikes, lockouts, labor disputes, riots, war (whether or not declared or whether or not the United States is a member), Federal, state, municipal or other governmental legal restriction or limitation or compliance therewith, failure or delay of transportation, shortage of, or inability to obtain materials, supplies, equipment, fuel, power, labor or other operational necessity, interruption or curtailment of power supply, or act of God, nature or public enemy. 22. This Contract and Zambelli Proposal (Exhibit A) constitute the sole and entire understanding of the parties with respect to the matters contemplated hereby and supersedes and renders null and void all prior negotiations, representations, agreements and understandings (oral and written) between the parties with respect to such matters. No change or amendment may be made to this Contract except by an instrument in writing signed by each of the parties. 23. Notices, consents, requests or other communications required or permitted to be given by either party pursuant to this Contract shall be given in writing by first class mail, postage prepaid addressed as follows: if to Zambelli, to the address set forth below; if to Client, to 24. The terms of this contract shall be for the July 4, 2019 or rain date; with the option to renew for two (2) consecutive one-year (1) term, if agreeable with both the City Commission and Company, and with no change from original request for quote (except for dates). 25. This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. The exchange of copies of this Contract and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Contract as to the parties and may be used in lieu of the original Contract for all purposes. This Contract and all the rights and powers granted by this Contract shall bind and inure to the benefit of the parties and their respective successors and assigns.

4 26. Public Records. To the extent that Zambelli is acting on behalf of Client, Zambelli shall comply with Florida public records laws, including specifically: 1. Keep and maintain public records required by the Client to perform the service. 2. Upon request from the Client's custodian of public records, provide the Client 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. 3. 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 contract if the Zambelli does not transfer the records to the Client. 4. Upon completion of the contract, transfer, at no cost to the Client all public records in possession of the Zambelli or keep and maintain public records required by the Client to perform the service. If Zambelli transfers all public records to the Client upon completion of the contract, Zambelli shall destroy any duplicate public records that are exempt, confidential, and exempt from public record disclosure requirements. If Zambelli keeps and maintains public records upon completion of the contact, Zambelli shall meet all applicable requirements for retaining public records. All records stored electronically shall be provided to the Client, upon request from the Client's custodian of public records, in a format that is compatible with the information technology systems of the public agency.

IF ZAMBELLI HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ZAMBELLl'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT AMBER LAROWE AT (941)723-4570, [email protected] WHOSE MAILING ADDRESS IS PALMETTO CITY HALL, 516 8TH A VENUE WEST, PALMETTO, FL 34421.

IN WITNESS WHEREOF, we set our hands and seals to the agreement in duplicate the day and year first above written.

FOR Client: FOR: Zambelli Fireworks Manufacturing Co.

Sign: ______Sign: ______

Print: ______Print: ______

Title: ______Title: ______

Date: ______Date: ______

Please sign contract where indicated for Client and return all copies for final acceptance to:

Zambelli Fireworks Manufacturing Co. 1 West Camino Real Blvd. Suite 100 Boca Raton, FL 33498 561-395-0955 FAX 561-395-1799