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Home My WebLink AboutCity of Tamarac Resolution R-94-071I Temp. Reso. #fie CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94--71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO ENTER INTO AN AGREEMENT WITH FIREWORKS BY GRUCCI, INC. FOR A FIREWORKS DISPLAY TO BE HELD ON JULY 4, 1994; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to enter into an Agreement with Grucci for a fireworks display on July 4, 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution. SECTION 2: That the appropriate City officials are hereby authorized to execute an Agreement with Grucci for a fireworks display on July 4, 1994, subject to such revisions as are approved by the City Attorney and City Manager, a copy of which is attached hereto as "Exhibit "A" and made a part hereof. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. 1C PASSED, ADOPTED AND APPROVED this day of 1994. NORMAN ABRAMO tY MAYOR ATTEST: CAROL A. EVANS CITY CLERK - = I HEREBY CERTIFY that I have app,rgqd this SOLUTI7-NIX,17, RECORD OF C XJNCIL VOTE MITCHELL S. AFT MAYOR ABRAMOWITZ CITY ATTORNEY DIST.1: V / M KATZ DIST. 2: C / M MISHKIN DIST. 3: C / M SCHREIBER DIST. 4: C / W MACHEK 0 FIREWO RKS BY 1? Fireworks Contract y rrimarhe�iejjfau TuntrariC"Page One of Two t. White copy - Grucci Yellow copy - sponsor Fireworks by Grucci, Inc. (herein referred to as Grucci.) Y AND he City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321-2401 (Name of sponsor, herein referred to as the sponsor) hereby agree as of this proposed date May 4, 1994 to the following conditions: 1. DATE and LOCATION: a) On Jul • 4, 1994 Grucci will display fireworks a 9901 North West 77th Street, Tamarac, FL INCLEMENT WEATHER: In case the display is cancelled by reason of inclement weather, the sponsor is liable for the full price of the contract. If inclement weather date is scheduled as a condition of this contract, a per diem rate of 10% of the contract price will be charged for each day the program is delayed beyond the original display date. INCLEMENT WEATHER DATE:July 5, 1994 The sponsor's agent(s) Ed Doyle of the Parks and Recreation Department 305 724-2445 Fx 2429 is the only authority to reschedule the display and this must be done by direct communication and upon mutual agreement with Grucci before 9 A.M. of the display date. In any event, sponsor shall be responsible for the full contract price upon any cancellation or rescheduling. 2. DISPLAY COST: Grucci will provide a firework display for the sponsor in the following class group: World Class ( ) National Class ( ) State Class ( ) City Class ( x ) for the sum of $ Seven Thousand - Less $1,000.00 Discount plus addendu dollars. 3. PAYMENTS: a) 30% of the contract price is due and payable upon the signing and delivery of this contract. Contract must be signed and a deposit made within 30 days from proposal date to hold price and display date reservation. This contract shall not be binding on Grucci until it is signed by sponsor and returned to cci with deposit check. b) Balance of this contract price must be paid five business days prior to the display date or by certified check the night of the display. c) Finance charge to be billed 1 l/2% per month (or maximum amount permitted by law) for any unpaid balance as of the display date. 4. CREDITS: Sponsor agrees that Grucci will receive program credit as firework producers in all press releases, advertising, or any other program announcements, printed or otherwise. The additional provisions on the reverse, side hereof are accepted and made a part of this contract (Sponsor's authorized agent) �L Grucci representative) c)Yl7atilt(1110/ls, Vuu t7ai'e just petrchasea the finest fireworks in the world! Numbers 9 and 10 revised as per attached addendum. I I111 J 1 J'I WLL' UU: J� ATTEST: U [ l Y OF `I'ANARAC Corporate Secretary (Corporate Seal) STATE OF New York . SS CrOUNTYOF FAX NO. 13057242464 14W vice President I HEREBY CERTIFY that on this day, before me, an offEcor duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared _M,_ Philip Butler to me known to be the person(s) described in and who executed the foregoing instrument and -de—acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this 4th da&PUJLIC, ig 94 NOTARto of New York J. RAW AIC, State of New Yak qualmed in Sutfolk Coin► No. 49824 ? —IBM (Name of Notary Public; � Print, Stamp, or Type as Commissioned) ( ✓ ) Personally known to me, or ( ) Produced identification _ T Type of I.D. Produced ( �) DID take an oath, or ( } DID NOT take an oath. i ADDENDUM 9. Orucci agrees to procure liability insurance and to indemnify the City of Tamarac, its officers, employees and agents, to the extent thereof, for all claims. A certificate of insurance in an amount and form acceptable to the City is attached as Exhibit "A". 10. ADDITIONAL PROVISIONS: 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 Florida. Any and all disputes, controversies, actions, claims or proceedings arising under, out of, In connection with or relating to the terms of this contract, and any amendment thereof, commenced by, between or against any of the parties to this contract shall be commenced and maintained solely in the courts of the State of Florida, and by the signing of this contract all parties hereby submit to the jurisdiction of the courts of the State of Florida. 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 Manager signing by and through its City Council ands&".s -5—pr�.c6INC�signing by and through _ �i1,u,,, duly authorized to execute same. vice A-i'Nrrreti-r ATTEST: _ ApOL A. EVANS, CITY CLERK APP OVER AS TO FORM AND UFFICIENCY: 4/� MITCHEL S. Kk T l CITY ATrORNE`. / NUVA CITY TAMARAC By; J � A��,a /ke :V ..CITY MANAGER On this L; day of 4-- 5�- 71 FIREWORKS BY FIREWORKS DISPLAY CONTRACT ADDENDUM This Service Agreement outlines the support services necessary to successfully produce your City Class fireworks program for the City of Tamarac on July 4, 1994 as follows: Production expenses including transportation of personnel, fireworks and equipment, Insurance coverage, and Grucci payroll to set and strike are: $ 3,000.00. 2. The Fireworks Display Contract for 1994 $ 7,000.00 less the Grucci Family Discount of $1,000.00 plus the above production expenses, for a Grand Total of $ 9,000.00 as per invoice # 003652. Please sign both the Fireworks Display Contract and this Addendum, return all copies with deposit to us, and we will return the signed copies for your file. NOTE - Insurance for your fireworks program is validated only upon our receipt of the above mentioned copies. N RMAN A13RAMOWITZ MAYOR ROBERT S. NOE CIT . MANAG E U � � DONNA GRUCy I BUTLER V.P. FIREWORKS BY GRUCCI Fireworks by Grucci One Grucci Lane Brookhaven, New York (516) 286-0088 Inc. 11719 ,�Z//7/g�t DATE 4 11 k 4 DATE V.- 1-800-227-0088 (Outside New York) Telex: # 9103507054 Cable: GRUCCI FAX - 516-286-9036 "AmPrira :s First Famity of Fireworks" — "Top Name in Firework Entertainment"