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Home My WebLink AboutCity of Tamarac Resolution R-2010-046Temp. Reso. #11795 - March 24, 2010 Page 1 CITY OF TAMARAC, FLORIDA /,� RESOLUTION NO. R-2010 - ` 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND PYRO ENGINEERING, INC., D/B/A BAY FIREWORKS, EXERCISING THE FIRST RENEWAL OPTION TO RENEW FOR THE 2010 FOURTH OF JULY FIREWORKS DISPLAY AT A COST OF $16,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Tamarac awarded a contract based on Bid Number 09-08B, to Pyro Engineering, Inc., d/b/a Bay Fireworks, for an electronically fired fireworks display for the July 4, 2009 celebration in Tamarac; and WHEREAS, the Agreement, dated May 27, 2009, on file and available for review in the Office of the City Clerk, provides for an annual renewal option for five (5) additional one-year extension periods; and WHEREAS, Pyro Engineering, Inc., d/b/a Bay Fireworks, has agreed that the contract sum for the July 4, 2010 fireworks display shall not exceed $16,000, which is a cost reduction of $2,000.00 over the 2009 fireworks display; and WHEREAS, available funds exist in the Parks and Recreation Operating Fund budget for said purpose; and WHEREAS, it is the recommendation of the Director of Parks and Recreation to execute Agreement Amendment #1 between the City of Tamarac and Pyro Engineering, Inc.., d/b/a Bay Fireworks, to exercise the first renewal option, which is the first year of the five-year renewal option, for the City's 2010 Fourth of July fireworks display, at a cost not to exceed $16,000.00; and Temp. Reso. #11795 - March 24, 2010 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute Agreement Amendment #1 between the City of Tamarac and Pyro Engineering, Inc., d/b/a Bay Fireworks, to exercise the first renewal option, which is the first year of the five-year renewal option, for the City's 2010 Fourth of July fireworks display, at a cost not to exceed $16,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing Whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. All exhibits attached hereto are hereby incorporated herein by this reference. SECTION 2: The appropriate City officials are hereby authorized to execute Agreement Amendment #1 between the City of Tamarac and Pyro Engineering, Inc., d/b/a Bay Fireworks, exercising the first renewal option for the City's 2010 Fourth of July fireworks display, said Amendment attached hereto as "Exhibit 1". SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #11795 - March 24, 2010 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �9 day of , 2010. rIPA BETH TALABISCO MAYOR ATTEST: 9A Record of COMMISSION VOTE: �MARION SWENS , CMC MAYOR TALABISCO _ CITY CLERK DIST 1: COMM BUSHN L DIST 2: COMM ATKINS-GRA DIST 3: COMM GLASSERb-Y.,-x DIST 4: VM DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY 1 RKS CONCEPT DESIGN PRODUCTION Corporate Headquarters: 400 Broadhollow Rd., Suite 3 Farmingdale, N,Y. 11735 Tel: 631.390.8620 Fax: 631.390.8621 Website: www.bayfireworks.com World Class Productions International Symposium on Fireworks at Walt Disney World America's 400th Anniversary Casinos - Bally's, Caesar's, Claridge Anheuser Busch Theme Parks NASA 50th Anniversary Universal Orlando Resort Hard Rock Theme Park Major Sporting Events Major League Baseball U.S. Olympic Committee State Games Of America National Football League Minor League Baseball Empire State Games Close Proximity and Illuminations New Year's Eve Celebrations The Breakers & Rosecliff Centennials Stadium, Stage, Concerts Theatrical Events Theme Park Design - Consultation March 19, 2010 City of Tamarac Parks & Recreation Department 8601 W. Commercial Blvd. Tamarac, FL 33321 Mr. Keith K. Glatz, Pyro Engineering, Inc. purchases general and liability insurance from Allied Specialty Insurance, Inc. The Insurance program is effective from May 14, 2009 to May 14, 2010. Renewal negotiations with Allied Specialty Insurance, Inc., as well as other companies start 60 days prior to May 14, 2010. We do not anticipate any problems with the renewal process and can say with certainty that there will be an insurance program in effect upon the expiration of the current program in May 2010. At that time I will fax the insurance certificate to you. Sincerely, Jo -Anne Triolo '99111W <0 American Pyrotechnics Association LWA W International Festivals International National Fireworks International Association Imemational Association National Fire Protection and Events Association Events Group Association of Amusement Parks and Attractions of Fairs and Expositions Associ coon of 7 arnar c and Contracts Division AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC l_ UP] PYRO ENGINEERING INC., D/B/A BAY FIREWORKS The CITY OF TAMARAC (City) and Pyro Engineering Inc., D/B/A Bay Fireworks, a New York corporation duly registered as a Florida Foreign Corporation, with principal offices located at 400 Broadhollow Road, Suite 3, Farmingdale, NY 11735, (the "Contractor") , agree to amend the original Agreement as follows: 1. Pursuant to the terms of Section 4 Time of Commencement and Substantial Completion, of the original Agreement dated May 27, 2009, the City and the Contractor exercise the first renewal option for the term April 11, 2010 — April 10, 2011. 2. The City and Contractor agree to amend Section 5, Contract Sum, of the original Agreement as follows: "The Contract Sum for the above work shall not exceed EiT Sixteen Thousand Dollars and no cents ($16,000.00). The Contract sum is determined by the cost of labor and materials for the job also known as Bid 09-08B `Aerial Fireworks Display'." 4. All other portions of the original Agreement are in effect as written. Remainder of Page Intentionally Blank City of T'wn,:aroc; Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. CITY Beth Flansbaum-Talabisco, Mayor (S /C///0 Date ' ATTEST:Jeffrey L. Miller, City Manager Marion '^ erason, CIVC Date City Clerk 3 i) Date ATTEST: Sig nature ra a Secreta Approved as to form and legal sufficiency: City Attorney 4r) Iv Date PYRO ENGINEERING INC., D/B/A BAY FIREWORKS Company Name Signature of P"w ear C.,CO eph Barnett /%v G.Z l !,, 2 a / n Date r Cil y of T%ari7<" fac CORPORATE ACKNOWLEDGEMENT STATE OF l r"1.• :SS COUNTY 1v4iZM .1 Iw'urol ising and Contracts Divisioo I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Joseph Barnett, President of Pyro Engineering Inc., D/B/A Bay Fireworks, a New York corporation duly registered as a Florida Foreign Corporation , to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this, day of, 20Z. Jo%4 Tftb Signature 61 Notary Public NolayP IC ,01TR 167ja wtbdc State of F a at Large QwM d in N 6as g 0Xrrir n ExpUes M O Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath.