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