2003-031 Fireworks Sales Agrmnt. w/Pyro Eng. (Bay Fireworks)RESOLUTION 31-2003
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK
TO ENTER INTO A FIREWORKS SALES AGREEMENT WITH PYRO ENGINEERING, INC.,
D/B/A PYROARTS BY BAY FIREWORKS ATTACHED AS EXHIBIT "A", WHICH
AGREEMENT IS FOR THE PURPOSE OF SECURING A FIREWORKS DISPLAY FOR THE
VILLAGE'S JULY 4 CELEBRATION; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve
the Fireworks Sales Agreement with Pyro Engineering, Inc., d/b/a PyroArts by Bay Fireworks
attached as Exhibit "A", which agreement is for the purpose of securing a fireworks display for the
Village's July 4 celebration.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Fireworks
Sales Agreement set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 12th DAY OF JUNE, 2003.
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FIREWORKS
'~ America's World Class Fireworks Leader Display Date: July 4, 2003
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`^' FIREWORKS SALES AGREEMENT
1`+ AGREEMENT made this day May 19, 2003 by and between Pyro Engineering, Inc., d/b/a PyroArts by BAY PIREWORRS, whose address is 110 Route 110, Suite
x^ 102, Huntington Station, New York 11746 (heminafter "BAY"); and Village of North Pabn Bench, Department of Recreation, 603 Anchorage Drive, North Palm
Heath, PL 33408 (hereinafter "SPONSOR")
N WHEREAS, BAY sells Fueworks and conducts exhibitions of its producb; and
~/y WHEREAS, SPONSOR wishes to purchase fueworks from HAY and HAY wishes to sell fueworks to SPONSOR:
WHEREAS, SPONSOR wishes to retain the services of BAY as sole fnewo[ks supplier and producer to conduct an exhibition of the Fueworks purchased from HAY;
NO W, THEREFORE, N consideration of the terms, condidons and covenants hereinafter set forth, the parries hereto do mutually agree as follows:
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1. DATE & LOCATION: On Juty 4, 2003 BAY shall sell and SPONSOR shall purchase the fireworks substantially N accordance with the proposal submined for
delivery by BAY [o the fo8owing location: North Palm Beach Country Club
%° 2. EXHIBITION: On the delivery date specified in Paragraph 1, BAY shall provide the Fireworks and equipment for the display at the Exhibition Location. l'hc display
<S will be under the supervision of a BAY rained technician. It is agreed that BAY shall be the sole fireworks supplier and producer for the event contracted for herein
2y 3. COST AND PAYMENTS:
'~ TOTAL AGREEMENT PRICE $20,000.00
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,,, lltc total sum of $20,000.00 shall be due and payable as follows:
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a. The sum of $10,000.00 upon execution and delivery of this contract.
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1`. b. Balance of the total sales (and service contract price if applicable): $10,000.00 plus any taxes or any other perrrit$ and fees that may be applied to this sale shall be paid on
July 4, 2W3 prior.
4. INCLEMENT WEATHER: If the delivery and/ox display of the firewo[ks is postponed by reason of inclement weather, and the village does not wish to reschedule,
a~ BAY FIREWORffi shall be entitled to 50°/ of the contract price.
INCLEMENT WEATHER DATE: NONE
5. SPONSOR'S AGENT: Mr. Doug Smith (561-841-3384) shall be designated as SPONSOR agent to whom all questions and inquiries shall be relayed. SPONSOR
agent shall be the only agent of SPONSOR authorized to request inclement weather rescheduling of [he delivery and exhibition of [he Fireworks on the part of SPONSOR.
G. MATERIALS & DELIVERY: BAY wi0 deliver all Fneworks materials purchased by SPONSOR to display site.
7. EXHIBITION PLANNER CHECKLIST: It is agreed and understood by SPONSOR that the delivery of the Fireworks and their display by BAY if applicable, shall
be contingent upon the stria compliance by SPONSOR with all items specified on the Exhibidon Planner Checklist (EPC) which is annexed hereto and made a parr hereof,
and that the Failure of SPONSOR to su comply with all requicemrn[s set fotth in the EPC m the satisfaction of BAY within [he time Emits [herein se[ forth shall be deemed
to be a default of SPONSOR'S obligations hereunder.
8. SECURITY: SPONSOR shall provide and maintain before, during and after the exhibition until the pyro[echnician N charge declares the area clear, security lines', police v;
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protection, snow fencing, rope lines, bamcades as deemed necessary by the local governmrnt, or as deemed necessary by Bay Fireworks. SPONSOR s'ha0 also provide and ^
1`i maintain an area clear of any buildings cars and spectators with a minimum radius u specified by NFPA Code 1123-1995 as a Fire Safety Zone (FSZ) during the entire ~'+
`^y period commencing from the time the F¢eworks aze delivered to the site unN after the exhibition. It is understood that BAY will cease all fireworks discharge due to any
security breach of the FSZ. BAY shall not be responsible For personal injury, vehicle or propetty damage occurting within the FSZ as a result of the failure of SPONSOR
v.? [o maintain aforementioned FSZ. SPONSOR acknowledges and agrees that BAY responsibilities are limited to the sale and exhibition of the Frteworks and that BAY is %~~
~~ relying on SPONSOR to maintain the aforementioned FSZ end to comply with all Federal, State, municipal and local laws, orders, regulations and ordinances pertawng m '~'+
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W the implementation of any and all security measures at the site of the exhibition of Fueworks. Any inspections made by or on behalf or SPONSOR shall be in accordance .~^y
with NFPA 1123-1995, and under the direct supervision of the HAY technitian in charge. Any such inspection shall not in any way interfere with the safety, setup or
`( schedule of the installation and disassembly of the fneworks exhibition. The BAY technician N charge shall
at his discretion
cancel any inspection that in his o
inion ma
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compromise the safety or the setup schedule.
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9. CREDITS: As a material inducement to HAY agreeing to enter into this Agreement, SPONSOR shall give BAY program aedit as sole fueworks supplier and producer M1i
,., in all press' releases, advertising, and any other program announcements, printed or otherwise. :!
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Please initial each page, d sign a last page. l
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Sponsor ay Fi works „~+
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IU. TEMPORARY DISCONTINUANCE DURING SERVICE: Any temporary disrontinuance during the discharge of said fireworks shall not constitute a breach by
EAY FIREWORKS of the terms of this <ontratt.
11 CONTRACT SUBJECT TO GOVERNMENT REGULATION: This Agreement and HAY obligations hereunder aze subject ro all governing Federal, State,
Municipal and local laws, odes, ordinances, regulations and codes, now or heminafter in effect, and to the conditions and Gnutations contained in the pertruts required to be
obtained by SPONSOR poor to the delivery and exhibition of the Fireworks. In the event any Federal, Sate, muniupal or local law, mle, regulation or otlLnance shall be
nacted which in any way prohibits, limits or restricts the sale, performance or operation of the ezFtibition of the Fireworks described herein or in the even[ SPONSOR's
ennit in any way limits or restricts the sale, performance or operation of said exhibition, BAY shall limit or restrict its performance oc exhibition of the Fireworks and/or
substitute such equivalrnt fireworks so as to comply with such law, rule, regulation or ordinance of SPONSOR'S perrrtit. SPONSOR acknowledge that any such Gnilt or
restriction placed on the performance or operation of the fireworks exhibition, or any substitution of diEferrnt fireworks by BAY shall in no way result in or entitle
SPONSOR to a reduction or abatement N the Cull contact price.
12. GENERAL PROVISIONS:
a) BAY shall no[ be Gable For weather or atmospheric conditions that interfere with or delay the performance or aesthetic quality of the fveworks.
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 both pazties, SPONSOR acknowledge and agrees that BAY has not made any representations or warranties
except other than those specifically set forth N this tontnet.
c) SPONSOR will be responsible for the payment of all governmental fees and taxes, including, but not limited to, sales, use, excise, license, pemilt, entertmnmcnt,
or other fees, taxes or surchazges unposed or otherwise applied to this exhibition.
d) Should any clause, section, or part of this agreement lie held or dedazed to be void or Blegal for any reason, all other clauses, sections, or parts of this' agreement
which can lie effected without such illegal clause, sectoq or part shall nevertheless continue in full force and effect.
e) SPONSOR is responsible for rtmoval of all debris assotia[ed with the fireworks.
f) Any and a0 disputes, controversies, actions, claims, causes of action, or proceedings arising undeq out of, or in connection with or relating m the terms of this
contract, and any amendment thereof, commrnred by, between or against any of the parties of this tontnet shall be deemed to have risen from a transaction of
business in Florida.
gl BAY is not responsible for procuring barges, towing or dockage. Should SPONSOR require these services, BAY may, upon written request, assist SPONSOR
in the location and contracting of such services.
h) Once the contract is signed and the program is then cancelled by the sponsor for any reason, 50% of the contract price shall be due and payable immediately,
however, a credit a0owance of the full contract price minus any expenses incurced 6y BAY will be made for up to six months [o allow rescheduling o(ecen[ by
sponsor.
Bay Pireworkn agrees co procure liability insuranre on behalf of sponsor, and to indemnify sponsor, to the extent thereof, for all claims arising out of Bay
Fireworks negligence in excess of $2,700. The Lability insurance shall have the rtununum limits o($1,OOO,OOO.Im per occurrence, combined single Grnit for bodily
injury liability and property damage liability. A Certificate of Insurance naming the Village of North PaLn Beach u Additional Insured shall be provided upon
execution of this tontnet.
j) BAY FIREWORKS agrees to indertw(y and save and hold the Village of Nortft Palm Beach, its Counril, employees and agents, hamiless of and From any and
all claims, casts, losses and damages or personal injury as a result of BAY FIREWORKS negGgrnce, which indemnification shall include, but not be limited to, a
reasonable attomeys fees and all costs in Village defending itself both at the Irial and appellate levels. In any litigation between the parties in regards to this
agreement, the prevailing party in such litigation shall be entded to recover from [henon-prevailing party a reasonable attomeys fees and all costs of litigation
both at the trial and appellate level.
13. SPONSOR'S DEFAULT: In the event SPONSOR shall fail to pay any sum whrn due under the terms of this contract, SPONSOR does further agree that it shall
pay BAY FIREWORKS reasonable attorney fees and court costs in the evrnt BAY FIREWORKS shall commence suit oe incur fees to compel SPONSOR to pay any
sums due hereunder or otherwise as a result of SPONSOR'S default of any of the terrrts and provisions herein contained.
14. LIQUIDATED DAMAGES: It is agreed by and between the parties hereto that in the event of SPONSOR'S default hereunder, BAY FIREWORKS damages to
such amount, interest at [he rete of 1-1/2°/a per month on [he unpaid amount From the original due date. SPONSOR agrees that in the vent of its default, at nc~ option of
SAY FIREWORKS, the entire contact price shall be and become immediately due and payable.
15. SUBSTITiJ-TIONS: BAY shall have the right, at its discretioq to substitute any Fireworks it deems necessary provided same does not decoct from the aesthed< raluc
or quality of the progam. This includes, but is not limited to, shell sizes, quantities, types and brand names. This substmton of shells shall be of nilnor nature only. Any
substitutions shall in noway result in or entitle SPONSOR to a reduction or abatement in the full contract price.
Ili. BAY FIREWORKS agrees to indemnify and save and hold VILLAGE OP NORTH PALM BEACH, its council, employees an agents, harrrdess of and from any
and all claims, costs, losses and damages or personal injury as a result of BAY FIREWORKS ngglibent oerformz cF o(this contact, which indemnification shall include,
but not be Gmitcd to, a reasonable attomeys Fees and all costs in VILLAGE OF NORTH PALM BEACH defending itself, both at the trial and appellate levels.
17. In any litigation between the parties in regards to [his Agretment, the prevailing party in such litigation shall be entitled to recover from the non-preaiGng party a
reasonable attomeys fees and all costs of litigation both at the trial and appellate level.
18. B/ND/NG EFFECT: This contract shall not be binding on BAY until executed by SPONSOR and BAY and BAY is in receipt of the deposit required
hereunder.
19. EXHIBITION PLANNER CHECKLIST - (EPC)
a. FIREWORKS DISPLAY PERMIT
SPONSORS RESPONSIBILITY: Call your State, City, County, Town, Borough, or Village Fire Marshal or other appropriate authority to file (or and obtain the
Fireworks Display pertrdt. IZp9a.[sfe_nt of ygSLVertnit n rr f A 1 t th JO dp o to your d~ pl d t
F '1 t d Id W' d'ze your disolav. Obtain infomation on:
1) Filing appGption dadGne and fees.
~ I (any local land state fireworks Gtenu for nanspomaaon or display ir required. If one ¢ required, fax all fours immediately to us.
• }) Fire Man:hal'e requirements for sttvrity of fiawodts tmrk upon arrival, and the secuuty of the fire zone before and during the display.
Please initlal each page, and si a last page. 2
Initialhere: ~~
Sponsor Bay F
q) Federal tegulariom squire that we carry an azcutate [Dote plan to the display site Fax us a copy of the route instmctions Etom the neatest US Interstate to the display aces (approved
6y the foe mazshal or odter authority, if necessary).
5) Notify FAA on day oFyour dispay, aaord;ng to the insmtctions in the FAA Inter of Approval which wi0 6e forwarded to you poor to your dvsplay
b. ro T • I RD PERMTTC (where reauiredl r'
If the Euewoxks are to be displayed on or near the water, the following [nay b< required: (Permits must be Eded for at least 45 days prior and 120 days prior for 4th of
July events)
Coast Guard Application and Pem9t to Handle Hazazdous Materials.
3) Coast Guard Marine Event Permit
c. SPOI~cOR SITE PcpONSIBILTTIES AND EXPFNSEc
1) a. Sand: please dekvex _6_ yards of dry sand to [he display site on truck arrival date.
2) Security - Of equipment and Fire Safety Zone. From f¢eworks [rock arrival until completion of job, and for the fireworks staging area from Bay Fireworks truck
amval until the display is completed and [rock is packed for depaztu[e.
d. RAnIO GiMIiLCAST RYPFNCAS (If Applicable)
1) Set up and stafFa fireworks simulcast <ornmand center on site by 1:00pm on display date.
2) Provide broadcast relay to Bay F¢eworks Firing Crnmr. Call our office for details.
3) Spcakcr system for VIP viewing stands.
certificate:
Signamr
FI W
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GNATURE BAY
SPONSOR'S
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Date ~ 0~
Print Name ~,4y ~t
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Dare v ` f..~
r~R. A/o2rtrs
Title ~!~,, // n_
State of:
County of
On this day of , 200
foregoing Pireworks Sales Agreement
me personally came to me known to 6e the individual described in and who excecuted the
towledgea that he/she executed said Agreement.
Commission
Please affix stamp or nomry seal
•
Please initial eac//~h;;pa~~nge, and sign last page.
Initial k¢re: L_!U~"
prm Bay Fi rnks