HomeMy WebLinkAboutCity of Tamarac Resolution R-95-117Temp Reso 7073
Revised - 05/24/95
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-95- [/ 7
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ENTER
INTO A CONTRACT WITH BAY FIREWORKS, INC.
TO PROVIDE AN ELECTRONICALLY FIRE
FIREWORKS DISPLAY FOR THE CITY OF
TAMARAC'S ANNUAL FOURTH OF JULY
CELEBRATION AT A TOTAL COST OF $20,000
BUDGETED UNDER THE PARKS AND
RECREATION DEPARTMENT; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in the interest of safety, the City of Tamarac will sponsor an all
electronically fired fireworks display for the City's annual 4th of July Celebration; and
WHEREAS, only two companies offered to submit a proposal for an electronically
fired fireworks display; and
WHEREAS, the proposal submitted by Bay Fireworks, Inc. is superior in quantity
and quality to the proposal submitted by Zambelli Internationale; and
WHEREAS, it is the recommendation of the Parks and Recreation Manager and
the Purchasing Officer that Bay Fireworks, Inc. be awarded the contract for fireworks
display; and
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 enter into a
Contract with Bay Fireworks, Inc. for a fireworks display on July 4, 1995; and
NOW, THEREFORE, BE IT RESOLVED BY THE 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.
Sactiipl] 2: That the appropriate City officials are hereby authorized to execute a
contract with Bay Fireworks, Inc. for a fireworks display on July 4, 1995, subject to such
revisions as are approved by the City Attorney and City Manager and subject to the
clause being stricken concerning the Acts of God and payment of penalty, a copy of
which is attached hereto as "Exhibit A" and made a part hereof.
- 1 -
Temp Reso 7073
Revised - 05/24/95
1
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Section 3: That funding for the fireworks is budgeted under the Parks and
Recreation Department "July 4th Celebration" in the amount of $20,000.
Section 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: 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.
Section 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this,;2 ' day of /117
1995.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form
MITCHELL S. K
CITY ATTORN
Purchasing/SLB
MAYOR
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OF ffltl- A A a Woij4
ORMAN ABRAMOWITZ.
MAYOR
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Attn. Mr. Norman Abramowitz, Mayor hereafter referred to as SPONSOR.
The parties hereto mutually agree, each with the other, as follows:
1• DATE & LOCATION.on JUly 4, 1995 BAY FIREWORKS shall furnish SPONSOR with the fireworks specified in the
proposal fara fireworks display at: City of Tamarac Independence Day Celebration
INCLEMENT WEATHER: If the delivery and exhibition is postponed by reason of inclement weather, the delivery and exhibition will be re -scheduled to the inclement
weather date, and the sponsor is responsible for a rescheduling charge of 10% of the contract price to cover expenses incurred. This amount will be added to the balance due.
INCLEMENT WEATHER DATE: SPONSOR'S agent: is the only authority able
to request rescheduling to the inclement weather date listed above. This must be done by direct communication, and upon mutual agreement with BAY FIREWORKS before
9:00 A.M. of the fireworks delivery date. SPONSOR is responsible for entire contract price if cancelled by SPONSOR for any reason.
2. =T & PA=NTSr SPONSOR shall pay BAY FIREWORKS the sum of: $ 2 01000. 00 _
t TWENTY `]'.HOUSANA�t_,..Q 11/ 1 00 * * * * * * * *'*DOL.LA_= forthe fireworks Rayable as follows:
a) The sum of: $ Q. 0 0 is due and payable upon signing and delivery of this contract. This contract shall not be binding on BAY FIREWORKS until it is
signed by sponsor and returned with deposit.
b) Balance of the immilu: $ 2 n __ r'1 fl Q _ f) Q plus any taxes or any other permits and fees that may be applied to this sale
must be paid fLyC business Says p K jq g dig�ay ified erg gl noon 9Il M Jy Df & display. A charge of 1.75% per month is billed on unpaid balance.
3 BAY FIREWORKS will deliver all fireworks materials purchased by SPONSOR to display site. Title to the fireworks passes to
the SPONSOR upon delivery. SPONSOR will provide all items specified in the enclosed Exhibition Planner Checklist (EPQ .
4. SECC7RlTY,• SPONSOR shall provide an area clear of any buildings, cars and spectators with a minimum radius of 8 4 0 feet (as specified by NFPA Code
1123-1990) as the Fire Safety Zone. SPONSOR shall furnish ample security protection and restraining lines around the circumference of the Fire Safety Zone before, during,
and until the pyrotechnician in charge declares the area clear. (Please refer to &onsor Site RaAom&ilities - Security section of EPC). BAY FIREWORKS shall, at its own
discretion, cease discharge of fireworks if safety zone is breached. SPONSOR shall have an ambulance and fire truck present at the Fire Safety Zone.
5. GBEMT,£' Sponsor agrees that BAY FIREWORKS will receive program credit as sole fireworks supplier and producer in all press releases, advertising, or
Other program announcements, printed or otherwise.
=yicE. In the event that there is a temporary discontinuance during the discharge of said fireworks the same
shall not constitute a breach of the terms of this contract herein.
S.CQAMCTV This agreement is subject to the terms of the licenses and permits held or to be held by BAY
FIREWORKS and to all Federal, Sate, and Municipal laws and regulations, now in force or which may be enacted before the completion of this contract. Should any
Municipal, State, or Federal Law or Ordinance be passed prohibiting or restricting the performance or operation of the exhibition described herein, the same shall automatically
restrict or limit said -exhibition accordingly. In the event that a Municipal, State, or Federal Government restricts or prohibits the use of any firework as set forth herein, then in
such event BAY FIREWORKS shall at its discretion, make a substitution thereof with a substitute equivalent firework as permitted by law. BAY FIREWORKS shall also
have the right to substitute any firework it deems necessary if it will not detract from the aesthetic value of the program. Any substitutions shall in no way result in a reduction in
the agreed contract price.
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a) BAY FIREWORKS shall not be liable for any weather or atmospheric conditions which interfere with the performance or aesthetic quality of the fireworks.
b) This agreement constitutes the entire agreement between the parties relating to the subject matter hereof, and may not be changed, modified, renewed or extended except by a
written agreement, signed by the party against whom enforcement of change, modification, renewal or extension is sought.
c) Sponsor will be responsible for the payment of all governmental fees and taxes including, but not limited to, sales, use, excise, entertainment, or other fees imposed or
otherwise applied to this exhibition.
d) Should any clause, section or part of this agreement be held or declared to be void or illegal for any reason, all other clauses, sections, or parts of this agreement which can be
effected without such illegal clause, section, or part shall nevertheless continue in full force and effect..
e.) SPONSOR is responsible for removal of all debris associated with the fireworks.
10. XYP(J , This agreement shall be interpreted in accordance with, and the rights of the parties hereto shall be determined by the laws of the State of New
York. Any and all disputes, controversies, actions, claims or proceedings arising under, out of, or in connection with or relating to the terms of this contract, and any amendment
f commenced by, between or against any of the parties of this contract shall be commenced and maintained solely in the courts of the State of New York, and by the
oe
g of this contract all parties submit to the jurisdiction of the courts of the State of New York.
SPONSOR'S AUTHORIZED AGENT V BAY ]
America's World Class Pprotechnic Specialists
ATIVE
WH►tB-BAY FIREWORKS CANARY -SPONSOR PINK -FILE
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This Contract Addendum relates to the attached Fireworks Sales Contract,
and heretofore is part of that contract.
ADDENDUM TO CONTRACT BETWEEN: City of Tamarac, FL and Bay Fireworks, Inc.
Dated: May 9, 1995
Contract to provide fireworks for
City of Tamarac Independence Day Celebration
On July 4, 1995
ATTEST:
cl-
Corporate ,QOGT
Charles A. Rappa
Type Name of Corporate Secretary Date:
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF
May 9, 1995
Before me personally appeared Robert Yale , to me well known
and known to me to be the person described in and who executed the foregoing
. instrument, and acknowledged to and before me that he/she executed said instrument
for the purposes therein expressed.
WITNESS my hand and official seal, this day of May X. 1995.
My Commission Expires:
Personally known x
Produced Identification
Did[Did Not take an oath
H`iSch
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New �E`n GxP`te3 Notary Public,
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State of New York
Demetra Hirsch
Print or Type Name c f Notary
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IN WITNESS WHEREOF, the parties have made and executed this
Service Agreement for Bay Fireworks on the respective dates qgger each signature.
CITY OF TAMARAC, through its Mayo a ! ,signing by and through
duly authorized to execute same.
1\
ATTEST.
A,, i
Carol Evans, City Clerk
Date: Me
9
CITY OF TAMARAC
By:
Norman Abramowitz, Mayor
Date: aZ 4 Y5
Robert S. Noe, Jr., City Man ger
Date: Ae2 f,
0
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sufficiency:
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INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
r7` May y
This Agreement entered into on the �_ day of , 1995, is made by
and between the City of Tamarac, a municipal corporation (hereinafter "CITY"), and Bay
Fireworks, Inc., (hereinafter "VENDOR').
WITNESSETH.
WHEREAS, CITY and VENDOR desire to enter into an agreement to provide an
electronically fired Fireworks display for the City of Tamarac's annual Fourth of July
Celebration at a total cost of Twenty Thousand Dollars ($20,000.); and
WHEREAS, the City Commission of the City of Tamarac has determined that the
execution of this Indemnification and Hold Har0 mless Agreement is In the public interest.
NOW, THEREFORE, in consideration of the sum of Twenty Thousand Dollars
($20,000.) And other good and valuable consideration received from VENDOR and in
consideration of the mutual covenants contained herein, the parties agree as follows;
Se ion 1: That VENDOR shall indemnify, hold the CITY, its officers, employees
and agents harmless and defend the CITY, its officers, employees and agents from any
claims, causes of action, damages, liability, and expenses including attorneys fees,
in connection with loss of life, bodily or personal injury, or property damage, including loss
1
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k .q5 117
of use thereof, resulting out; of the negligence of the VENDOR in
0 connection with a fireworks display on July 4, 1995, in the City of Tamarac.
c oiy 2_ The above provisions shall survive the termination of this Agreement
and hall pertain to any occurrence during the term of this Agreement, even though the
claim may be made after the termination hereof.
Sectic-rt, 3: This Hold Harmless Agreement is in addition to any other Agreement
entered into by the parties and supplements other Hold Harmless Agreements entered Into
by thq parties.
S on 4- VENDOR shall provide the City's Risk Manager all necessary
certificates of insurance in such form and amounts as required by the Risk Manager.
Section 5: VENDOR shall keep such policies of insurance in full forcce and effect
during the term of this Agreement and shall provide to the City's Disk Manager proof of
payment of the required documents.
5ectio VENDOR shall provide the CITY with the requisite document
evidencing that the signatory for VENDOR has the authority to enter into this Agreement.
.59dk n 7: This Agreement shall not be assigned without receiving City
Commission approval.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature. CITY OF TAMARAC through its
CITY COMMISSION, signing by and through its Mayor, authorized to execute same by
Commission action on the 2_ day of . 1995; BAY FIREWORKS,
2
/�- 9F,5/17
•
•
INC., signing by and through Robert Yale
ATTEST:
Carol A. Evans
City Clerk
ATTEST:
Corporate Secretary
(Corporate Sea()
duly authorized to execute same.
CITY PF TAMARAC: A
1-12
.I Meyor
Date:
Robert S. Noe, Jr.
City Manager
Date: � 24 , 9 / 5-
Approved as, to form.
Mitchell S. KtO
City Attorney'
BAY'PRrORKs, INC.
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A. zYa(l e
Print Name
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C�
New York
STATE OFMWAX
SS
COUNTY OF Nassau
1 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 Robert Yale (personally known to me) (wbmxjtMdMRA
tt�triift'fi2f�Fx��t#€�1t#il�t�xp�ia�ck ,
acknowledged before me and under oath/did not take an oath, executed the same.
WITNESS my hand and official seal this 17 day of May , 1ggg,
My Commission Expires: 0361F1-
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NOTARY PUBL6C StaW of f le+wieis 7 ) UE.
At Large einetra irsch
Notary Public
New York No, 9762385
Term Expires:
Print, Type or Stamp Name of Notary