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R91-89RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROUING THE RENEWAL OF A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND ZAMBELLI FIREWORKS MGF. CO., INC., BY EXERCISING ITS OPTION RENEWAL CLAUSE PURSUANT TO BID NO. 060-721-90/HBC; A COPY OF SAID ORIGINAL CONTRACT AND BID BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 5th day of June, 1990, the City of Boynton Beach entered into a contract with Zambelli Fireworks Mfg. Co., Inc., to provide for a fireworks display on July 4, 1990; and WHEREAS, the bid specifications authorized a renewal of the Contract for two years, subject to concurrence by both 9arties; WHEREAS, an agreement has been reached by both parties and upon the recommendation of staff, the City Commission of the City of Boynton Beach is desirous of exercising its ~ption renewal for a one year period, for the firework isplay to be held on July 4, 1991 under the same terms and conditions of the original Contract. NOW, TMEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The City Commission of the City of Boynton Beach hereby approves renewal of the Contract dated June 5, 1990, between the City of Boynton Beach and Zambelli Fireworks Mfg. Co., Inc., for a one year period. A copy of the original Contract and bid are attached hereto as Exhibit A. Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this ~/ J~ day of May, 1991. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor J 'Lssioner Commi ATTE ST: Cit~~ clerk (Corporate Seal) CONTRACT THIS AGREEMENT entered into between BEACH, FLORIDA, (hereinafter "CITY") and MFG. CO., INC. , CONTRACTOR"), WHEREAS, the CITY wishes display for the citizens for of July, 1990, and WHEREAS, CONTRACTOR is engaged in providing fireworks displays of the type by the CITY, NOW, THEREFORE, in consideration of and. covenants contained herein 1. CONTRACTOR agrees to a fireworks display on July the CITY OF BOYNTON ZAMBELLI FIREWORKS (hereinafter to provide a public fireworks the CITY to celebrate the 4th the business of and nature desired the mutual promises it is agreed as follows furnish on behalf of the CITY 4, 1990, in the following described location: INTRACOASTAL WAx~WAY ON A PROV?n~ BARC~F. DIRECTLY ACROSS FROM T~. CITY'S BOAT CLUB PARK. 2. The display shall commence at approximately 9:00 o'clock P.M. at the location and shall continue thereafter for a period of no less than 20 minutes, with the maximum time between shell firing being no greater than 10 seconds. 3. The display shall be in accordance with proposal heretofore made by CONTRACTOR and subject to terms and conditions contained therein. Ail conditions representations contained in the bid documents incorporated in this Contract as though actually set herein. 4. In the event of inclimate weather on July 4, %990, the all and are forth as determined by the CITY, the CONTRACTOR shall provide the display on either July 6th, 7th or 8th at 9:00 P.M., at the sole discretion of CITY. No additional compensa-tion or fee shall be deemed to have accrued in favor of the CONTRACTOR in the event the display is rescheduled due to inclimate weather. 5. CONTRACTOR shall comply with all rules and regulations governing firework displays of the City of Boynton Beach, Florida, Palm Beach County, Florida, the State' of Florida and all regulatory agencies which have jurisdiction over fireworks displays. 6. CITY shall pay to CONTRACTOR the sum of ~?.000.0o ~ Dollars for presentation of the display. Payment shall be made as follows: 50Z ONE WEEKPRIORTHEPROGRAMANDS0~ FOLLOWING TU~ PRO(~RAM. the proper venue of such proceeding is Palm Beach County, ~'..~.. Florida. In the event of legal action the prevailing party shall be entitled to recover'costs and' attorneys fees from the nonprevailing party. IN WITNESS WHEREOF, parties as follows: the Agreement is executed by the CITY OF ~BQYNTON B~ACH, FLORIDA k/MAY-OR-' (VICE)' DATED: (DEPUTY) CONTRACTOR BY: President 7. CITY agrees to provide a "safety zone" / "security area" for the safe presentation of the display. CONTRACTOR shall provide the CITY, no less than 45 days prior to the scheduled event, with a description of the fireworks display and a disclosure of the anticipated effect of fall-out or with the display. The CITY agrees to security personnel/protection to maintain the safety zone during the- fireworks debris associated provide adequate the security of display. 8. the CITY CONTRACTOR agrees to hold harmless and indemnify for any act of malfeasance or misfeasance by CONTRACTOR in association with presenting the display. 9. The CITY shall obtain all necessary permits, licenses and approvals except those specifically required to be obtained by CONTRACTOR required for the presentation of the display. 10. CONTRACTOR will provide insurance in accordance with the schedule of insurance attached hereto as Exhibit 11. This Contract shall be governed in accordance with the laws of the State of Florida. In the event of any legal action arising from this Agreement, the parties agree that