* INVITATION TO BID *

I. The CITY OF KISSIMMEE is seeking SEALED BIDS on the following:

Bid Number IFB2026007 Fireworks

II. All bids must be submitted in a SEALED envelope and plainly marked with the bid number on the exterior of the envelope, one (1) original, one (1) copy, and one (1) electronic copy on CD or Flash Drive.

III. To be considered bids MUST be delivered OR mailed to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

And time stamped on or before 2:00 PM March 2, 2026.

IV. All bids shall be opened and read publicly in the City of Kissimmee Finance Dept. 4th Floor, Allendale Conference Room, 101 Church Street, Kissimmee, Florida at 2:30 PM March 2, 2026.

V. All bids must be according to specifications and conditions, and on the forms provided herein.

VI. The Bidder's name and address shall be clearly shown on the exterior of the Sealed

Envelope.

VII. The City of Kissimmee reserves the right to accept and/or reject any or all bids, with or without cause, to waive technicalities or to accept the bid which, in its judgment, best serves the interest of the City of Kissimmee. Persons are advised that, if they decide to appeal any decision made concerning the award of this Bid, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be made. Bid results other than the apparent low bidder will not be provided in response to telephone inquiries. Bidders desiring a copy of the Bid Abstract should include such request with a self addressed stamped envelope in their bid.

Brandon Durango

Procurement Manager

General Requirements:

1.1 BID PREPARATION: Submission of a bid in response to this solicitation shall evidence the bidder’s acknowledgement that he is cognizant of all the conditions and specifications contained herein and that any offer made is in accordance with the contained specifications and conditions unless, specifically identified and explained as exceptions on the bids schedule. Each bidder is responsible for the completeness and accuracy of their bid. Bids must show manual signatures by an individual authorized to offer such obligations, and shall contain evidence of that person’s authority to make such offers. Unsigned bids will be rejected. Stamped or otherwise reproduced signatures are not acceptable. Erasures or other changes must be initialed by the person signing the bid. Bidders should include all descriptive literature specifications, or catalogs or cuts necessary to specifically identify and describe the item(s) being offered. Failure to do so may result in the bid being declared non-responsive.

1.2 SUBMISSION OF BIDS: All bids shall be submitted during normal business hours in a sealed envelope on the forms included with this solicitation with the bidder’s name and address and bid number plainly marked on the exterior of the envelope. Timely submission of a bid is important.

Official receipt is acknowledged using an atomic date/time stamp interfaced with the U.S.

Government’s National Institute of Standards and Technology (NIST) which is the official time keeper for the U.S. Facsimile or telegraphed bids will not be accepted.

1.3 PRICING: The unit price for each item being bid will be shown on the Bid Schedule and will include all costs for or associated with the item. A total for each line item will be entered on the Bid Schedule. In case of a discrepancy between unit price and extended price, the unit price shown shall prevail.

1.4 DELIVERY: Exact delivery times frames or dates must be shown on the bid, such as, “(x) days after receipt of order”. Number of days for delivery shall be presumed to include all weekends or holidays in the period. All offers shall be FOB Destination and shall include inside delivery to the delivery point specified.

1.5 DEFAULT: Should the successful bidder for any award made as a result of this solicitation fail to deliver a product in accordance with the specifications contained herein and within the time frame promised, the City of Kissimmee reserves the right to cancel the contract for default and to award this contract to the next most qualified offer. The bidder in default may be held liable for any added cost to the City of Kissimmee incurred as a result of such action.

1.6 LATE BIDS AND WITHDRAWL OF OFFERS: No bid will be accepted after the published deadline for accepting bids in response to this solicitation. Bids may be withdrawn at any time prior to the official time set for the bid opening. No modification or withdrawal of any offer received will be allowed after the time and date set for the official bid opening.

1.7 DISCOUNTS: Bidders may offer cash discounts for prompt payment, however, any such discount offered will not be considered as a factor in determining the lowest bid offered. Any other discounts should be reflected in the unit price bid.

1.8 BID EVALUATION AND AWARD: All bids received will be evaluated based on one or more of the following factor: price; quality of product offered; compliance with specifications; delivery; reputation of the bidder; previous contract’ proximity of parts and service; compatibility with similar, existing products; and any other factors detailed in the specifications. Award will be made to the lowest responsive and responsible bidder complying with the provisions of the invitation to Bid, provided that such award is in the best interests of the City of Kissimmee.

The City of Kissimmee reserves the right to accept and /or reject any or all bids in whole or in part with or without cause; to waive technicalities; to make multiple awards on a line item basis; and accept the bid which in its judgment, best services the interest of the City of Kissimmee. Bidders are cautioned that no communication with any City of Kissimmee employees involved in the evaluation process is authorized during the bid evaluation process unless such communication is originated by the City of Kissimmee for the purpose of clarifying the bid or proposal. Questions regarding the status of any bid or proposal should be directed to the Purchasing Manager. Bid awards will be posted in the Purchasing Office after Commission Approval. Vendors are responsible for following up on the status of any bid. The City of Kissimmee will only notify successful vendor(s).

1.9 BILLING AND PAYMENT: The City of Kissimmee will pay all proper invoices submitted for supplies and/or services within 30 calendar days. To be considered a proper invoice it must be submitted in 2 copies to the City of Kissimmee Accounting Department, 101 Church Street Kissimmee, FL 34741, show the Vendor Taxpayer Identification Number Attachment B, the purchase order number and be based on proper delivery installation or provision of goods or services to and accepted by The City of Kissimmee. The payment cycle will not start until all the above requirements are met.

1.10 SAMPLES: The City of Kissimmee may, at its discretion, require submission of samples for inspection and testing. When specifications require such submissions, all costs for such samples, including postage, will be the responsibility of the bidder. Samples that are not consumed in the evaluation process or determined necessary for comparison with future deliveries may be returned at the bidders request and at the bidder’s expense. The City of Kissimmee will not be held liable for any sample provided.

1.11 SILENCE OF SPECIFICATIONS: The silence of these specifications regarding exact details of any product or service required shall be regarded as meaning that only the best commercial practices will prevail and that only materials of first quality and correct type, size, or design are to be used. All workmanship will be first quality. Unless otherwise specified all products provided as a result of this solicitation will be new, unused, the latest model in production, and in compliance with the enclosed specifications.

1.12 USE OF BRAND NAMES: Unless otherwise stated, the use of brand names in specifications is not intended to restrict any offer. Brand names are only used to illustrate the type and quality of product acceptable for this solicitation and to provide a simplified specification. Vendors should feel free to propose any equal item provided that all exceptions to these specifications are clearly identified and explained and definitive specifications for the item being proposed including product literature, cuts or samples are included with the bid. The City of Kissimmee reserves the sole right of final determination of product equivalency.

1.13 WARRANTY: All warranties for products or services provided under any contract resulting from this solicitation will meet or exceed that warranty offered the providers most favored customer and in no instance will be less than unlimited twelve-month non-prorated warranty. If individual specifications contained herein require a warranty in conflict with this provision, the warranty provisions of the individual specification shall prevail.

1.14 ADDENDUMS: In the event modifying addenda to the basic solicitation are issued the City of

Kissimmee will attempt to provide such addenda to all vendors who have been furnished bid packages. However, it shall be the bidder’s responsibility to verify with the Purchasing Office before the bid is submitted whether or not addenda have been issued and to obtain such addenda for submission with the bid. Receipt of any addenda issued must be acknowledged on the bid schedule.

1.15 BIDDER’S CERTIFICATION: By signature on this bid, bidder certifies or in the case of a joint bid each party certifies that:

A. He has not given, offered nor intends to give at any time economic opportunity, future employment, favor or gratuity in any kind to any employee of the City of Kissimmee in connection with this bid.

B. That the bidder has not divulged or discussed his offer with other bidders.

C. Prices offered have been determined independently without collusion with other bidders for the purpose of restricting competition.

D. No attempt has been made to induce any potential bidder to submit or decline to submit an offer in response to this solicitation.

1.16 “NO BID” RESPONSE: Vendors electing to not submit bids in response to this solicitation should complete the attached “Notice to Bidders” form. Failure to return the form may result in your omission from future bid lists.

1.17 COMPLIANCE WITH THE JESSICA LUNSFORD ACT

If applicable, compliance with the Jessica Lunsford Act will be required by Contractor.

1.18 CONE OF SILENCE – The Cone of Silence is designed to protect the integrity of the procurement process by shielding it from undue influences prior to the execution of the award.

The Cone of Silence is defined as the period beginning with the issuance of the solicitation document and continues through the execution of the award document. During this time vendors, service providers and the like are prohibited from all communications regarding the solicitation with City staff, City consultants, City legal counsel, City Managers, or elected officials. Any vendor who attempts to influence a member or members of the aforementioned shall be disqualified from continued participation in the procurement process with regard to that particular solicitation.

Exceptions to the Cone of Silence –

• Written communications directed to the Procurement Officer;

• All communications occurring at pre-bid meetings;

• Oral presentations before publicly noticed committee meetings;

• Procurement of goods and services for Emergency situations; and

• Contractors already on contract with the City to perform services for the City are allowed discussions necessary for the completion of an existing contract.

1.19 PROTEST: Any protest must be made within three (3) days following posting of the bid award.

Protest procedures are available from the City of Kissimmee Finance Dept. 4th Floor Attn:

Purchasing Division, 101 Church Street, Kissimmee, FL 34741.

Notice of decision or intended decision concerning a bid solicitation or award may be given by posting the bid tabulation or recommended award at the location where the bids were opened or posted electronically on the City’s website www.kissimmee.gov. Failure to file a protest within the deadlines prescribed shall constitute a waiver of protest proceedings.

2.0 SPECIAL PROVISIONS:

2.1 PUBLIC 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 a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of http://www.kissimmee.gov/ 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 public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.133 F.S., for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list".

2.2 CLARIFICATION OF REQUIREMENTS: Questions regarding clarification or interpretation of the technical specifications and/or non-technical nature regarding this solicitation must be addressed IN WRITING to Debbie Luke, Purchasing Coordinator at 101 Church Street, Kissimmee, Florida 34741 OR BY EMAIL to procurement@kissimmee.gov not less than seven (7) days prior to the bid opening date. Last day for questions: Friday, February 13, 2026 by 5pm

However, unless modified by a written addendum issued by the Purchasing Manager, the specifications and conditions contained herein stand as stated. Verbal communications are neither authoritative or binding. Any verbal interpretation in conflict with these specifications as written should immediately be directed in writing to the Purchasing Manager for the City of Kissimmee. Any interpretation provided to any vendor in response to inquiries regarding this solicitation which may affect the outcome of this bid will be furnished in writing to all vendors who have received bid packages.

2.3 This bid contains pages 1 – 37 (contract on pages 17-37). Please contact the Purchasing Office at 407-518-2214 if you are missing any pages.

2.4 INDEMNITY: Contractor must indemnify, hold harmless and, at the option of the City Attorney’s

Office, defend or pay for an attorney selected by the City Attorney’s Office to defend, the City, its past, present, future elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys’ fees) incurred because of actual or alleged infringement of any patent, copyright, trade secret, trademark, mask work, or other intellectual property right, arising out of the use or sale of Items or Contractor’s Services. If an injunction issues as a result of any such claim or action, Contractor agrees at Contractor’s expense and City's option to either: (i) procure the right to continue using Items; (ii) replace them with non-infringing Items; (iii) modify them so they become non-infringing; or (iv) refund to the City the amount paid for any Items returned to Contractor or for any Item destroyed and for Services connected therewith.

Contractor must, to the fullest extent permitted by law, indemnify, hold harmless and, at the option of the City Attorney’s Office, defend or pay for an attorney selected by the City Attorney’s Office to defend, the City, its past, present, future elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys’ fees), which may hereafter incur, or that City becomes responsible for or pay out, as a result of death or personal injury (including bodily injury) to any person, property damage or destruction, including loss of use thereof, contamination of or adverse effects on the environment, and any clean up costs in connection therewith, or any violation of law, governmental regulation or orders, to the extent caused by (i) Contractor’s breach of any term or provision of this Agreement, (ii) any negligent or willful acts, errors, or omissions by Contractor, its employees, officers, agents, representatives, or subcontractors in the performance of this Agreement; or (iii) dangerous defects in Items.

In any and all claims against the City, or any of their agents or employees by any employee of the Contractor, anyone directly or indirectly employed by Contractor, or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph is not limited in any way by any limitation on this amount or type of damages compensation or benefits payable by or for the Contractor under Workers’ Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts. Nothing contained herein is intended, nor may it be construed, to waive mailto:procurement@kissimmee.gov

City’s rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement. To the extent considered necessary by the City Attorney, any sums due Contractor under this Agreement may be retained by the City until all of the City’s claims subject to this indemnification obligation have been settled or otherwise resolved, and any amount withheld is not subject to payment of interest by the City.

The above provisions will survive the termination or expiration of this Agreement and will pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination or expiration hereof.

2.5 INSURANCE PROVISIONS: The Successful bidder shall, prior to commencing work, furnish evidence to the City of Kissimmee of required insurance policies naming City of Kissimmee as additional insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. Policies must be “Occurrence” form. Each carrier will give the City sixty (60) days’ notice prior to cancellation. Throughout the term of this Agreement, Contractor and/or any and all subcontractors or anyone directly or indirectly employed by either of them must maintain in force, Contractor at their sole cost and expense, at all times, insurance coverage as follows:

A) Workers Compensation: the statutory limits of coverage to apply for all employees in compliance with all applicable State of Florida and federal laws. The policy must include Employers Liability with a limit of $300,000.00 for each accident. Contractor’s Worker’s Compensation carrier will provide a Waiver of Subrogation to the City. Contractor will be responsible for the payment of all deductibles and self-insured retentions.

B) General Liability: with coverage limits of not less than $1,000,000.00 each occurrence combined single limit for Bodily Injury and Property Damage including coverage for premises/operations, contractual liability, products/completed operations, broad form property damage, cross liability and severability of interest clause. This policy of insurance must be written in an “occurrence” based format.

C) Comprehensive Automobile Liability: with coverage limits of not less than $1,000.000.00 per occurrence combined single limit for Bodily Injury and Property Damage including coverage’s for owned, hired, and non-owned vehicles and/or equipment as applicable.

D) Umbrella Liability: with coverage limits of not less than $5,000,000.00.

2.6 FEES AND LICENSURE COST: This bid requires the following fees/licensure; proof of a valid Business Tax Receipt from the jurisdiction of the bidder's place of business.

2.7 ALTERNATE BIDS WILL NOT BE ACCEPTED:

If two bids are received from a company one bid will be returned unopened. If two different bids are included in a single envelope, both will be rejected at the bid opening.

2.8 No minor children are permitted to accompany bidders during pre-bid conferences, bid opening or site tour.

2.9 The City of Kissimmee has a Local Vendor Preference Policy: When written bids, responses to request for proposals or quotations are received by the City as part of the competitive sealed bid process, and the lowest responsible price is offered by an individual or entity that is not an Osceola County person, firm and/or corporation and the next lowest responsible bidder is an Osceola County person, firm and/or corporation, the Osceola County individual or entity will be given an opportunity to match the lowest price offered.

If an offer is made to match the lowest price and the Osceola County individual or entity is otherwise fully qualified and meets all City requirements, the bid shall be awarded to the Osceola County individual or entity at the lowest price.

In order to receive the local vendor preference provided herein, the Osceola County individual or entity that qualifies as the next lowest price bidder hereunder, must unconditionally agree in writing to match the lowest price bid and deliver to the City designated representative by 8:30 a.m. on the third regular business day after notification of opportunity to match bid. Eligibility form is Attachment A.

2.10 A link to this website is available through the City’s Web Page http://www.kissimmee.gov , under the Finance Department, Purchasing. Notice of Award, Bids currently available, and Tabulation sheets are available Online. Bidders, who do not have Internet access, may request a copy of the tabulation by enclosing a stamped, self-addressed envelope with the Bid response.

2.11 SELLING, TRANSFERRING OR ASSIGNING CONTRACT: No contract awarded under these terms, specifications or conditions shall be sold, transferred or assigned without the written approval of the City of Kissimmee.

2.12 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense, obtain all necessary permits, pay all licenses, fees and taxes, required to comply with all local, state, federal and fireworks industry laws, rules and regulations applicable to both fireworks displays.

2.13 LAWS, ORDINANCES, REGULATIONS: The successful Contractor shall observe and comply with all federal, state, local and municipal laws, ordinances, statues, rules and regulations applicable to fireworks displays.

3.0 SPECIFICATIONS:

3.1 PURPOSE: The City of Kissimmee, Florida is actively requesting proposals from outdoor fireworks companies, hereinafter to be referred to as Contractor, for the commitment to furnish a firework display choreographed and synchronized to music for July 4, 2026 (hereinafter “July 4th”). Additionally, the City shall have the option to extend the contract with the selected bidder for three (3) additional years for subsequent Fourth of July celebrations. Award of this IFB is contingent upon approval from City Commission.

3.2 CONTRACTOR'S RESPONSIBILITIES:

A. Supply and display fireworks (hereinafter “display”) for the City of Kissimmee’s Fourth of July Celebration at Kissimmee Lakefront Park, located at 201 Lakeview Drive, Kissimmee, FL 34741, (hereinafter “Premises”) pursuant to the specifications in this IFB and Contractor’s Response to this IFB.

B. The display must be electrically fired from an off-shore barge of flotation device (hereinafter “barge”).

C. Contractor shall not procure or fire any product containing a metal mortar for the http://www.kissimmee.gov/ firework display.

D. Provide all necessary staff to load the barge, drive the barge to the firing location, and to perform the display. Contractor shall be responsible for ensuring the barge can be safely moved to the firing location and anchored at that location for the duration of the display.

E. Provide all necessary equipment to perform the display, including any lighting necessary for the transport of the fireworks by barge to the firing location.

F. Ensure compliance with all laws and regulations related to floating vessels and floating platforms and firework displays, including but not limited to Chapter 4 of the NFPA 1123.

G. Submit a Fireworks Permit Application to the City's Fire Department (30) calendar days prior to the date of each display.

H. Provide sufficient quantity of certified pyro technicians (hereinafter “technicians”) to deliver, load, set-up and complete the display as described in Contractor’s Response to this IFB. All technicians must follow all federal and state guidelines, utilize all appropriate safety precautions, including but not limited to, wearing protective clothing and eye wear and working with adequate lighting, and comply with N.F.P.A. Code 1123.

I. Schedule one (1) member of Contractor’s staff, assigned to work the display, to attend a firing site walk through to by scheduled by the Contract Coordinator a minimum of thirty (30) calendar days prior to the date of the display.

J. Prior to the on-site inventory check in subsection H below, provide to the Contract

Coordinator on July 3rd a printed, detailed, itemized inventory shipping list of all firework products (hereinafter “shells”) shipped for the display.

K. Prior to the loading of the shells onto the barge, provide an on-site inventory check of shells with the Contract Coordinator at a set time. All fireworks packages shall be clearly labeled as to size, type, quantity and country of origin.

L. Provide a layout of the shells on the barge.

M. Allow City’s Fire Department Inspector total access at all times on the date of the display to all of Contractor’s operations.

N. Contractor is responsible for the loading, unloading and placement on the barge of all shells and equipment for the fireworks display. After the conclusion of the display, Contractor shall remove all debris, cartons, wrappings, gun racks, and trash related to the display from City property.

O. Contractor is responsible for providing choreographed music to accompany the display and sufficient equipment so that music may be plainly heard by the spectators of the display.

P. Contractors shall comply with the following safety regulations:

1. Take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:

a. All employees on the job and all other persons who may be affected thereby.

b. All the work, materials, and equipment on the Premises under the care, custody, or control of the Contractor; and

c. Other property at the Premises including trees, shrubs, lawns, walks, pavements, and roadways.

2. Maintain a clear radius of required distance, as specified from the City’s Fire

Department, between the barge where the display will be fired and the shoreline of Premises.

3. Have sufficient number of two-way compatible radios for Contractor’s staff to communicate with the City’s Fire Department, Police Department, and Special Event Coordinator.

4. Ensure that only certified technicians board the barge used for the display.

5. Thirty (30) calendar days prior to each display date, provide to the Contract

Coordinator a list of all Contractor personnel, including the person’s full name, address, phone number, years of experience, and qualification, who will board the barge used for the display.

6. Provide Coast Guard approved life safety flotation devices for all Contractor’s technicians who board the barge.

7. Permit the City's Fire Department to complete a final inspection of Contractor’s shells and workspace a minimum of one (1) hour prior to the scheduled display time.

8. Suspend all operations upon the direction of City’s Special Events

Coordinator. For example, the City’s Special Events Coordinator would direct Contract to suspend all operations if lightning is detected within six miles of the firing site. Once operations have been suspended, Contractor may only resume operations at the direction of the City’s Special Events Coordinator.

For example, in the event that lightning is detected within six miles of the firing site, the City’s Special Events Coordinator will not direct Contractor to resume operations until lightning has cleared the six miles radius of the firing site for fifteen minutes.

9. If any emergency affecting the safety of persons or property as a result of the display, Contractor shall take reasonable action to prevent threatened damage, injury, or loss to property.

3.3 CITY'S RESPONSIBILITIES: The City shall perform the following responsibilities for the display:

A. Provide (1) one law enforcement boat and law enforcement personnel to patrol the display area and to maintain a safety zone surrounding the barge during the display.

B. Upon thirty (30) calendar days notice, provide a barge that is approximately 1200 sq.

ft. for use by Contractor

C. Upon thirty (30) calendar days notice, provide one boat that can be utilized for purposes of a “rescue boat” or “firing boat” and staff members for operation of the boat.

D. Upon thirty (30) calendar days notice, provide anchors or spud poles for use by Contractor.

E. Provide a Contract Coordinator to serve as a liaison between the successful Contractor and various City departments.

F. Provide City staff to assist with coordination of loading the barge and, upon request of

Contractor, to assist Contractor’s staff with the placement of the barge. City staff may not assist with the actual loading or unloading of shells.

3.4 EACH PROPOSAL SHALL INCLUDE THE FOLLOWING:

A. Detailed plan of the proposed fireworks program for the show:

1. Program sections (Opening, Main, and Finale).

2. A subtotal of the number of shells per program section and total for the entire display. Show specs should be based as an unmanned barge “show”.

3. Shell sizes to range from three inches to eight inches in diameter (with price listed).

4. Specific duration of each program section.

5. Map layout showing placement of shells on barges for the show.

B. Detailed set-up plan or agenda relating to load-in, firing, load-out and clean-up. This plan should also include schedule for arrival time, amount of set-up time needed and departure time. The following paperwork must also be submitted with proposal:

1. Sample copy of current Certificate of Insurance. See Paragraph 2.4 for actual Insurance Requirements.

2. Three-year claims history report from current insurance carrier.

3. Reference list of (3) Florida municipalities that have received similar services and have a similar budget. List to include name of municipality, address, and contact person and phone number.

4. Verification of the loss-run report for the past five years.

5. Any record of proposed contractor being banned from working in any community or state.

6. Any record of no show where contractor was scheduled for an event but failed to show.

7. Confirm availability to provide fireworks display for July 4th, 2026.

3.5 DISPLAY PRICE ADJUSTMENTS:

A. If the City was to encounter various difficulties with contract performance such as, but not limited to:

1. Shells, which are not used because of damage, defective firing or other causes.

2. Start of show significantly delayed by Contractor (10 minutes or more) or a time break in the show (dead air time).

Bidder is to outline in his/her proposal what cost adjustments would be made to the contracted price of the show to reflect the above circumstances. Please be specific as to how adjustments(s) would be computed. If Contractor desires, contractor may provide examples of adjustments. NOTE: If there is a delay in the show start or a break in the show due to WEATHER conditions, no adjustment will be expected for that delay or break. The City shall still require an adjustment for damaged or un-shot shells, even if there was a weather delay.

B. In the event the show is completely canceled due to weather conditions, (as determined by City personnel) the City reserves the right to reschedule or completely cancel the display. Contractor is to outline in Contractor’s proposal what price, if any, contractor may charge if show is completely cancelled due to weather conditions.

3.6 EVALUATION AND AWARD:

The City of Kissimmee Parks & Recreation Department along with the Kissimmee Fire Department will evaluate all proposals submitted based on the information contained in each proposal. The City of Kissimmee reserves the right to reject any and all proposals that do not meet the scope of work, and/or accept the proposal which is in the best interest of the City.

Each proposal will be evaluated based on, not in any particular order:

• costs of the shells,

• the variety of shells/effects,

• multiple break shells,

• the total number of shells offered,

• quality of product,

• experience and/or qualifications of the contractor,

• contractors’ past safety/claims record,

• contractors’ past performances

• Outline of cost adjustments submitted based on 3.5

• Length of the show – Approximately 20 minutes

NOTE: Consideration for award will be based on the results of the above evaluation as well as the creativity of each proposal's program.

** THIS SCHEDULE OF OFFERS SHOULD BE THE FIRST PAGE SUBMITTED

WITH YOUR BID **

Bid IFB2026007 Page 1 of 3

I/we, the undersigned, hereby declare that I/we have reviewed the bid documents and with full knowledge and understanding of all specifications and conditions contained therein do submit, (in duplicate), our bid as follows with full understanding that the bid package in its entirety is made a part of any agreement, contract or order between the City of Kissimmee and the successful bidder.

ITEM NO. DESCRIPTION COST

1 Fireworks July 4, 2026 $______________

* Provide breakdown of show on the following sheets

DELIVERY TIME (F.O.B. DESTINATION)

ACKNOWLEDGMENT OF ADDENDA NO.(S) _________ (IF APPLICABLE)

(Signature)

ALL PRICES QUOTED ARE GOOD FOR A PERIOD OF 90 DAYS.

_________We do not take exception to Specifications.

(initial) _________We take exception to Specifications as follows:

(initial) (attach additional sheets, if necessary)

COMPANY NAME

COMPANY ADDRESS _______________________________________

NOTE: OFFERS NOT RECEIVED IN DUPLICATE MAY BE REJECTED.

VENDORS ARE RESPONSIBLE FOR DELIVERY OF THEIR BID TO THE ADDRESS

INDICATED ON THE BID COVER SHEET PRIOR TO THE DATE AND TIME

SHOWN.

BIDS NOT SO DELIVERED MAY BE REJECTED.

BY: DATE:________________________

(signature)

_______________________________ EMAIL:_______________________

(typed name/title of signer)

TELEPHONE NO.: ( ) _____ FAX NO.: ( )____________________

Bid IFB2022-005 Page 2 of 3

JULY 4th SAMPLE SHOW:

Please provide a sample show below. Please attach a price sheet with other shell options and prices. Budget Range for the 4th of July show including all applicable barge costs, crane rental, music production and any other miscellaneous equipment needed is between $35,000 - $40,000:

OPENING Length (in seconds): ______ # of shells Type of Shell Cost per shell Total Costs

MAIN BODY Length (in minutes): ______ # of shells Type of Shell Cost per shell Total Costs

FINALE Length (in seconds): ______ # of shells Type of Shell Cost per shell Total Cost

ATTACH ADDITIONAL PRICE OR ADDITIONAL PAGES IF NECESSARY

Bid IFB2026007 Page 3 of 3

*NOTICE*

IFB2026007

If for some reason you are not participating in this solicitation, PLEASE complete the following and return to:

City of Kissimmee Finance Department 4th Floor Attn: Purchasing Division 101 Church Street Kissimmee, FL 34741

DO NOT return the solicitation package. Failure to respond may result in removal of your firm from our current vendor file.

Company Name: _________________________________

Address: _________________________________

Phone Number: ( )___________________

Fax Number: ( )___________________

Continue on Vendor List: Yes No Large Business Small Business Minority Owned

Reason for no response to the solicitation:

Cannot supply at this time

Suitable, but engaged in other work

Quantity too small

Cannot meet required minimum

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Signature

IDENTICAL TIE BIDS

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids 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 shall:

1) 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 subsection (1).

4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than 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 the statement, I certify that this firm complies fully with the above requirements.

Vendor's Signature

Attachment A

Local Vendor Affidavit of Eligibility

This form is to be completed in its entirety by the vendor and submitted along with your bid or quote. Incomplete forms will be rejected for preference evaluation.

State of Florida County of Osceola

Before me on this _____day of ________________20___, personally appeared

(print name)___________________________ being an authorized representative of lawful age, who being by me first duly sworn, on his/her oath, deposes and says:

(print name of company) ____________________________ MEETS ALL CRITERIA AS

REQUIRED BY THE CITY OF KISSIMMEE TO QUALIFY FOR LOCAL VENDOR PREFERENCE.

Qualification documentation attached.

Signature of Affiant

Typed/Printed Name of Affiant

Address of Affiant

State of Florida County of _____________

Sworn to (or affirmed) and subscribed before me this ____day of _________20__, by

(Signature of Notary Public-State of Florida)

(Print, Type, or Stamp commissioned name of notary public)___personally known or ____ produced identification. Type of identification produced___________________

AGREEMENT FOR

FOURTH OF JULY FIREWORKS DISPLAY

BETWEEN THE CITY OF KISSIMMEE

AND CONTRACTOR

THIS AGREEMENT is made this day of 20__ by and between the CITY OF KISSIMMEE, a municipal corporation of the State of Florida, 101 Church Street, Kissimmee, Florida 34741, hereinafter “City” and Insert contractor name, Insert description of entity (ex.

a Florida Limited Liability Company), whose business address is insert mailing address, hereinafter “Contractor,” collectively hereinafter referred to as the “Parties,” and each represents as follows:

WITNESSETH

WHEREAS, City is in need of a fireworks display for the City’s Fourth of July Celebration at Kissimmee Lakefront Park, located at 201 Lakeview Drive, Kissimmee, FL 34741, (hereinafter “Premises”) more particularly described in Paragraph 4, Scope of Services, and hereinafter collectively referred to as “Services” and individually referred to as “Service”; and

WHEREAS, City issued a solicitation, IFB # 2026007 (hereinafter “Solicitation”), which is attached hereto as Exhibit A, to identify a vendor or vendors to perform the Services; and

WHEREAS, upon a review of all submissions to the Solicitation, City has decided to enter this Agreement with Contractor to perform the Services; and

NOW THEREFORE, in consideration of the foregoing mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to as follows:

1. RECITALS. The foregoing recitals are true and correct and incorporated herein.

2. CONTRACT DOCUMENTS. The contract documents consist of this Agreement, the Solicitation, which is attached hereto as Exhibit A, the Contractor’s Proposal (hereinafter “Proposal”), which is attached hereto as Exhibit B, Exhibit C, and any subsequent duly executed amendments to any of the aforementioned documents. These contract documents form the Agreement, and all are incorporated herein as if set forth in full. In the event of a conflict between the aforementioned documents, any duly executed amendment to this Agreement will control, followed by this Agreement, Exhibit A, Exhibit C, and Exhibit B, in that order.

3. TERM. The term of this Agreement shall be for one (1) years beginning on Insert date that contract begins and continuing until Insert proposed end date to contract. The Parties have the option to extend this Agreement three (3) times for three (3) twelve (12) month renewal terms.

4. SCOPE OF SERVICES. Contractor agrees to perform the Services outlined in Exhibit A, the

Solicitation.

SAMPLE

5. PRICING.

a. The City agrees to pay Contractor according to the pricing provided in Exhibit B, the Proposal, provided the Services are satisfactorily completed according to the terms of this Agreement. Such payment is consideration for performing the Services as described in Exhibit A, the Solicitation.

b. Prices set forth in the Proposal shall remain fixed for the duration of this Agreement except as provided herein.

c. The price charged to City for Services shall always be Contractor’s lowest price charged to any customer for an equivalent Service regardless of any special terms, conditions, rebates, or allowances of any nature. If Contractor sells any Service to any customer at a price less than that set forth herein, Contractor shall adjust its price to the lower price for any un-invoiced Service and for all future invoices for such Service. For purposes of comparing prices under this Paragraph, the price and/or conversion costs of Services shall include those Contractor cost components which are generic to the Services as compared to other similar services generally provided by Contractor.

Such comparison shall be made to the extent Services have similar characteristics, such as labor rates, turnkey material costs, storage expenses, or other specific comparison criteria agreed upon by the parties.

d. In the event Contractor offers a lower price, either as a general price drop or only to some customer(s) for any reason, Contractor shall immediately notify City of this price and rebate to City an amount equal to the difference in the price paid by City and the lower price for all such Services provided during the preceding thirty (30) days.

e. All applicable taxes and other charges such as duties, customs, tariffs, imposts, and government-imposed surcharges paid by Contractor shall be stated separately on Contractor's invoice and borne by Contractor. In the event that City is prohibited by law from remitting payments to the Contractor unless City deducts or withholds taxes therefrom on behalf of the local taxing jurisdiction, then City shall duly withhold such taxes and shall remit the remaining net invoice amount to the Contractor. City shall not reimburse Contractor for the amount of such taxes withheld.

f. Additional costs including such taxes, surcharges and delivery costs, except those described in the Proposal, will not be paid or reimbursed without City's prior written approval.

6. PAYMENT. Payment by the City shall be subject to approval and acceptance of Services by City.

Notwithstanding the foregoing, City’s payment shall not constitute acceptance. No payments shall be made in acceptance of Services not covered under this Agreement or under a Change Order nor for Services not acceptable to City. Upon review and approval of Contractor’s invoice and verification that Services have been rendered in conformity with this Agreement, the City shall pay Contractor in accordance with the Local Government Prompt Payment Act, Chapter 218, Part VII, Florida Statutes. Contractor shall not apply any late charges, interest or penalties to any invoice or charges for Services until forty-five (45) days from the City’s receipt of the invoice. If this Agreement is terminated for convenience for any reason, then Contractor shall be paid pro rata for all Services performed, materials purchased, and administrative costs incurred to the effective date of termination. Contractor agrees to invoice City no later than sixty (60) days after performance of Services. City will not be obligated to make payment against any invoices submitted after such period.

7. SCHEDULING. City shall have no obligation with respect to the purchase of Services under this Agreement until such Services are specified in an issued Purchase Order. Contractor shall promptly perform Services as scheduled in Exhibits A or B or in writing or shall promptly notify City if unable to perform any scheduled Services and shall state the reasons. Contractor will provide City with seventy-two

(72) hours written notice prior to beginning the Services under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. City may place any portion of the Services on hold by notice which shall take effect immediately upon receipt. Services placed on hold will be rescheduled or canceled within a reasonable time. Contractor, in performing work under this Agreement, shall provide and maintain during the life of this Agreement, equipment and staff sufficient in number, condition and capacity to efficiently perform the work and provide the Services required by this Agreement.

8. PROJECT MANAGERS. The Contract Coordinator, as that term in defined in the Solicitation, for the City is:

Veronica Frink Events & Venues Manager

(407) 518-2335 Veronica.Frink@Kissimmee.gov

Contractor shall provide a thoroughly competent Project Manager who shall be in charge of the provision of the Services and, unless otherwise permitted by the Solicitation, be present during performance of this Agreement. Contractor’s Project Manager for this Agreement is:

Insert name of Contractor’s project manager Insert job title Insert phone number Insert email

Either Party may amend this Section by sending an email to the other Party in accordance with the Notice Section below.

9. INSURANCE. Contractor shall be responsible for all damages to person or property that occur on the job site or adjacent thereto as a result of Contractor’s fault or negligence in connection with this Agreement.

Contractor shall, prior to commencing work, furnish evidence to the City of Kissimmee of required insurance policies naming City of Kissimmee as additional insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. Policies must be “Occurrence” form. Each carrier will give the City sixty (60) days’ notice prior to cancellation. Throughout the term of this Agreement, Contractor and/or any and all subcontractors or anyone directly or indirectly employed by either of them must maintain in force, Contractor at their sole cost and expense, at all times, insurance coverage as follows:

a. Workers Compensation: the statutory limits of coverage to apply for all employees in compliance with all applicable State of Florida and federal laws. The policy must include Employers Liability with a limit of $300,000.00 for each accident. Contractor’s Worker’s Compensation carrier will provide a Waiver of Subrogation to the City. Contractor will be responsible for the payment of all deductibles and self-insured retentions.

b. General Liability: with coverage limits of not less than Insert amount provided by City Risk

Management; minimum of $1,000,000.00 each occurrence combined single limit for Bodily Injury and Property Damage including coverage for premises/operations, contractual liability, products/completed operations, broad form property damage, cross liability and severability of interest clause. This policy of insurance must be written in an “occurrence” based format.

c. Comprehensive or Business Automobile Liability: with coverage limits of not less than Insert amount provided by City Risk Management; minimum of $500,000.00 per occurrence combined single limit for Bodily Injury and Property Damage including coverage’s for owned, hired, and non-owned vehicles and/or equipment as applicable.

d. Umbrella Liability: with coverage limits of not less than $5,000,000.00.

10. NOTICE. Whenever any Party desires or is required by law to give notice unto another Party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the Party for whom it is intended at the following addresses. Notice will be deemed received by the party for whom it is intended after the USPS certified mail process is completed.

City of Kissimmee Steve Lackey

Parks and Recreation…