2009-18 July 4, 2009 FireworksRESOLUTION 2009-18
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY
GARDEN STATE FIREWORKS, INC. FOR THE JULY 4, 2009 FIREWORKS
DISPLAY AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village issued Request for Proposals ("RFP") for the July 4, 2009 fireworks display; and
WHEREAS, upon opening and evaluating the proposals, Village Administration recommends
accepting the proposal submitted by Garden State Fireworks, Inc., at a total cost of $20,000.00, in
accordance with the terms of the RFP; and
WHEREAS, the Village Council determines that the acceptance of the proposal recommended by
Village Administration is in the best interests of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby accepts the proposal submitted by Garden State Fireworks,
Inc. for the July 4, 2009 fireworks display at a total cost of $20,000, with funds expended from Village
Account No. A8229-35651 (Special Events -July 4~' Celebration).
Section 3. The Village Council further authorizes and directs the Mayor and Village Clerk to
execute an agreement with Garden State Fireworks, Inc. to perform such services in accordance with
the terms and conditions set forth in the Request for Proposals issued by the Village.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 26th DAY OF FEBRUARY, 2009.
(Village Seal)
ATTEST:
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MAYOR
• VILLAGE CLERK
EXAIBIT "D"
CONTRACT
This Contract is made as of the 3RD day of FEBRUARY , 2009, by and between the
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to
as the VILLAGE, and GARDEN STATE FIREWORKS , INC . , a CORP . Corporation or
partnership authorized to do business in the State of Florida, hereinafter referred to as
CONTRACTOR, whose Federal Employer LD. is 22-2896574
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
CONTRACTOR shall provide to the VILLAGE all goods and services requested under Request
for Proposals for July 4, 2009 Fireworks and as further stated in CONTRACTOR's Proposal and
pursuant to the terms and conditions of this Contract.
~ ARTICLE 1. SERVICES OF CONTRACTOR.
A. CONTRACTOR shall provide all goods and services as stated in the RFP and
CONTRACTOR's Proposal, as incorporated herein by reference, to that degree of care and skill
ordinarily exercised, under similar circumstances, by reputable members of its profession
practicing in the same or similar locality at the time the services are provided. CONTRACTOR
certifies that it is Licensed to perform the requested services in the State of Florida and Palm
Beach County.
B. CONTRACTOR shad provide the required goods and services in accordance with the
following:
1. CONTRACTOR shall stage all necessary fireworks and equipment at the VILLAGE'S
designated location on or before July 4, 2009 so as to be able to provide the required
services after sundown on that date.
2. In the event of inclement weather, CONTRACTOR shall provide the required services at
the VILLAGE'S designated location on July 5, 2009.
3, If inclement weather continues and the VILLAGE, in its sole discretion, decides not to
reschedule the fireworks display, the VILLAGE shall pay CONTRACTOR for the actual
costs of goods and services provided to date, with said costs not to exceed f fly percent
• (SO%} of the total compensation due to CONTRACTOR in accordance with Section 4
below.
4. CONTRACTOR shall obtain all required permits and inspections. To the extent
permitted by law, the VILLAGE shall waive all VILLLAGE permit and inspection. fees.
CONTRACTOR shall be responsible for maintaining, staring and protecting all goods
and equipment necessary for the fireworks display from all acts of nature, theft,
vandalism or other means of damage or destruction.
6. CONTRACTOR and the VILLAGE shall cooperate to secure a cleaz area for the
fireworks display. However, CONTRACTOR shall be responsible. for ensuring such area
is consistent with all permitting and inspection requirements.
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7. CONTRACTOR shall be responsible for removing and clearing all excess material from
the fireworks display area, including any related debris.
B. The services provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract and as stated in the RFP,
ARTICLE 2. FERIOD OF SERVICE.
A. CONTRACTOR shall provide all goods and services in accordance with the terms of the
RFP and this Contract. Time is of the essence.
B. CONTRACTOR shall not be considered in default by reason of any failure in
performance of the Work if such failure arises out of causes reasonably beyond the control of
CONTRACTOR or its subcontractors and without their fault or negligence. Such causes
~ include, but are not limited to: acts of God; natural or public health emergencies; labor disputes;
freight embargoes; and abnormally severe and unusual weather conditions.
C. Upon CONTRACTOR's request, the VILLAGE shall consider the facts and extent of any
failure to perform the Work and, if CONTRACTOR's failure to perform was without it or its
subcontractor's fault or negligence, the Contract schedule and/or any other affected .provision of
this Contract shall be revised accordingly; subject to the VILLAGE'S rights to change, terminate,
or stop any or all of the work at any time.
D. Notwithstanding the foregoing, CONTRACTOR shalt not be entitled to an increase in the
agreed to compensation in this Contract or payment or compensation of any kind from the
VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages,
including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever. Provided, however, that this
.provision shall not preclude recovery ar damages by CONTRACTOR for hindrances or delays
due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents.
ARTICLE 3. VILLAGE'S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE'S representative shall be Mark
Hodgkins, Village Parks and Recreation Director.
~ ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR for the provision of all goods and
services set forth in the RFP and as stated in CONTRACTOR's prop_ osal in an amount not to
exceed TWENTY THOUSAND DOLLARS ($20,000.00).
B. CONTRACTOR shall submit an invoice(s) to the VILLAGE for said compensation on
the date and time mutually agreed upon by the VILLAGE and CONTRACTOR. All invoice(s)
received from CONTRACTOR pursuant to this Contract wilt be reviewed and approved by the
VILLAGE'S representative, indicating that goods and services have been provided and rendered
in conformity with the Contract and then wilt be sent to the Finance Department for payment.
Invoices will normally be paid within thirty (30) days following the VILLAGE representative's
approval.
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C. Services undertaken or expenses incureed that exceed the amount set forth in this
Contract without prior written authorization from the VILLAGE shall be the sole liability_ of
CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or
other matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state "final invoice" on CONTRACTOR'S final/tast billing to the VILLAGE. This
certifies that all goods have been provided and services performed and all charges have been
invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further
charges if not properly included in this final invoice are waived by CONTRACTOR. The
VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days
after the provision of the required goods and services.
~ F. If the VILLAGE fails to make any payment due CONTRACTOR for the Work under this
Contract within forty-five (45) days after CONTRACTOR'S transmittal of its invoice to the
VILLAGE, CONTRACTOR may, after giving notice to the VILLAGE, suspend the Work under
this Contract until it has been paid in foil all amounts due.
G. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify
CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE
reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance
with the terms and conditions of this Contract.
ARTICLE 5. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall
indemnify and. save harmless and defend. the VILLAGE,. its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action azising out
of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of the CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
+ the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive
completion of all services, obligations and duties provided for in this Contract as well as the
termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action
in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this Contract
be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28, Florida
Statutes.
ARTICLE 6. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
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B. All of the Work required hereunder shalt be performed by CON'T'RACTOR or under its
supervision, and all personnel engaged in performing the Work shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR'S personnel (and all sub-contractors) white on VILLAGE
premises, will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. TERMINATION.
This Contract may be cancelled by CONTRACTOR upon ninety (90) days prior written notice to
the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of CONTRACTOR It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days
written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract,
~ CONTRACTOR shall be paid for services rendered to the VILLAGE'S satisfaction through the
date of termination.
ARTICLE 8. FEDERAL AND STATE TAX.
The VII,LAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR
shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual
obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE'S Tax
Exemption Number in securing such materials.
ARTICLE 9. INSURANCE.
Prior to commencing any Work, CONTRACTOR shall provide certificates evidencing insurance
coverage as required in the RFP. All insurance, other than Worker's Compensation, to be
maintained by CONTRACTOR shall specifically include the VILLAGE. as an Additional
Insured and shall require thirty (30) day prior notice to the VILLAGE in the event of
cancellation.
ARTICLE 10. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
~ Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of
the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or
benefits hereunder to anyone other than the VILLAGE and CONTRACTOR.
ARTICLE 11. GOVERNING LAVt~. VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
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otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP.
CONTRACTOR is, and shall be, in the performance this Contract, an Independent Contractor,
and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the
work performed pursuant to this Contract shall at all times, and in all places, be subject. to
CONTRACTOR'S sole direction, supervision, and control. CONTRACTOR shall exercise
control over the means and manner in which it and its employees perform the Work.
ARTICLE 13. NONDISCRIMINATION.
CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 14. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court
awarded costs (including, without limitation, all such fees, costs and expenses incident to
appeals), incurred in that action or proceeding, in addition to any other relief to which such party
or parties may be entitled.
ARTICLE 15. AUTHORITY TO PROVIDE REQUIRED SERVICES.
CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business and provide the services required under
this Contract, and that it will at all times conduct its business and provide the services required
under this Contract in a reputable manner. Proof of such licenses and approvals shall be
submitted to the VILLAGE's representative upon request.
ARTICLE 16. SEVERABILITY.
~ If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this Contract shall be deemed valid and enforceable to the extent permitted by
law.
ARTICLE 17. 1VICODIFICATIONS OF WORK,
A. The VILLAGE reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE's
notification of a contemplated change, CONTRACTOR shall, in writing, provide a detailed
estimate for the increase or decrease in cost due to the contemplated change.
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B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract
Amendment and CONTRACTOR shall not commence work on any such change until such
written amendment is signed by CONTRACTOR and approved and executed by the VILLAGE.
ARTICLE 18. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all goods and
services provided pursuant to this Contract from damage, and shall protect the VILLAGE'S
property from injury or loss arising in connection with the Contract. Except for any such
damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE
or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to
maintain such protection.
B. CONTRACTOR will also take every necessary precaution to ensure the safety of the
~ VILLAGE, public and other guests and invitees thereof at or near the areas where services are
being performed and throughout the completion of such services.
ARTICLE 1~. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and
if sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Jimmy Knight, Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to CONTRACTOR shall be mailed to:
GARDEN STATE FIREWORKS, INC.
P.O. BOX 403
MILLINGTON N.J. 07946
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE ~0. ENTIRETY OF CONTRACTUAL AGREEMENT.
~ The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the .parties, and that there are no promises or understandings other than those stated
herein, None of the provisions, terms and conditions contained in this Contract may be added to,
modified, superseded or otherwise altered, except by written instrument executed by the parties
hereto.
ARTICLE 21. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include
the singular. The term "Contract" as used herein, as well as the terms "herein", "hereof',
"hereunder", "hereinafter" and the like mean this Contract in its entirety and all exhibits,
amendments and addenda attached hereto and made a part hereof. The captions and paragraph
headings are for reference and convenience only and do not enter into or become a part of the
•
context of this Contract, nor shall such headings affect the meaning or interpretation of this
Contract.
ARTICLE 22. WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
ARTICLE 23. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was
more responsible for its prepazation.
ARTICLE 24. MATERIALITY.
~ All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and
addenda attached hereto, said failure shall he deemed a material breach of this Contract and
VILLAGE may at its option and without notice terminate this Contract.
ARTICLE 2S. EXHIBITS AND CONTRACT DOCUMENTS.
Each exhibit and document referred to in this Contract forms an essential part of this Contract.
The exhibits and other contract documents, if not physically attached, including, but not 1'imited
to the RFP and the CONTRACTOR's proposal, should be treated as part of this Contract and are
incorporated herein by reference.
ARTICLE 25. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of
the Village of North Palm Beach.
ARTICLE 27. S~ ABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
~ ARTICLE ~$. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its
officers, employees and agents for each required policy. When required by the insurer, or should
a policy condition. not permit an insured to enter into apre-loss agreement. to waive subrogation
without an endorsement, then CONTRACTOR shall agree to notify the insurer ar-d request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre-loss basis.
ARTICLE 29. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal
right to execute and deliver this Contract and Perform all of its obligations under this Contract.
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IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CO CTOR:
BY: ~ ~ ~ ~~
Print Name: AUGUST N. SANTORE
Title: VICE PRESIDENT
VILLAGE OF NORTH PALM BEACH
~ BY: ,ten
WILLIAM L
MAYOR
ATTEST:
' .e.---
BY:
~MELIS A TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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ORIGIN OF MATERIALS
GARDEN STATE FIREWORKS, INC. Custom Designed
Multi-Break European Style Shells Custom Ground Effects.
Endless Manufacturing capabilities Largest Domestic
• Manufacturer in the U.S.A. Today
Lidu- China
Dancing Fireworks- China
San Tai- Japan
Caballer- Spain
Santa Branca- Brazil
Vulcan -China
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~ DRAYT_ ON INSURANCE BROKERS, INC.
2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067
BIRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAiNA 35220
TELEPHONE: (205) 854-5806 FAX: (205) 854-5899
CERTIFICATE OF INSURANCE NO:C~
SPECIMEN
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We certify that insurance as outlined below is afforded the Named Insured under policy CA000003209-18 issued by Admiral Insurance Company.
' NAMED INSURED Garden State Fireworks, Inc. Garden State Tyro, Inc.
New Vernon Fireworks August & Nunzio Santore
6873 Joejeff Street
' North Port, Florida 34286
PERIOD March I, 2008 to February 28, 2009; Boni days inclusive.
COVERAGE Commercial General Liability. Covering against the legal liability of the Named Insured for Bodily Injury
and Properly Damage caused by, or arising from, the preparation for, the firing of, or the clearance following
' fireworks display(s) stated below.
LIMTfS OF A) Each Occurrence $5,000,000
LIABILITY B) General Aggregate L• ~ $5,000,000
C) Products & Completed Operations•Aggregate $5,000,000
The addition of more than one insured does not serve to increase the limits of liability.
It is certified that the following SPONSORS AND/OR PROPERTYOWNERS AND/OR LICENSING AUTHORITIES are included as
Additional Insured(s), but only in respect of the legal liability of such Additional Insureds) for Bodily Injury or Property Damage sustained
during the Period stated aliove and caused directly by the operations of the Named Insured ie connection with the firing of the fireworks
display(s) stated below BY THE NAMED INSURED OR THE NAMED INSURED'S EMPLOYEES. The insurance afforded any Additional
Insured does not include coverage for any injury or damage arising from the failure of such Additional Insured to fulfill its obligations specified in
its contract with the Named Insured.
The Insured has fully complied with the requirements of N.J.S.A. 21:3-5 by providing a surety bond in the amount of $2,500
from Service Insurance Company, Inc., West Orange, NJ. This general liability insurance is not provided to comply with the
Perms of N.J.S.A. 21:3-5. It is not an alternative to, or a co-surety with, the required bond, nor does it afford an additional
or supplemental bond, nor excess limits over the required bo~td By accepting status as Additional Insured on this policy, on
the basis set out herein, the Additional Insured acknowledge an~ agree that this policy is not a bond, or an alternative to a
bond, issued under the terms of N.J.S.A. 21:3-5.
NAME & ADDRESS OF ADDITIONAL INSURED SPONSORS
PROPERTY OWNERS, LICENSORS
DISPLAY LOCATION
DISPLAY DATE(S)
This insurance applies automatically if the described display is fired on any altemative.date because of cancellation on the date shown due to
weather or other cause; however, IN NO EVENT WILL COVERAGE APPLY AFTER February 28, 2009.
This certificate is not an insurance policy and does not in any way amend, extend of alter the coverage afforded by the policy listed above. For
particulars concerning the terms, exclusions and conditions of such policy each Additional Insured is referred to the policy documents in the
possession of the Named Insured. Should the above described policy be cancelled before the expiration date thereof, the issuing company will
mail 30 days' prior written notice to the above named Additional Insured.
DRAYTON INSURANCE BROKERS, INC.
DATE OF ISSUE
. STRINGER, PRESID
CERTIFICATE OF INSURANCE
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ISSUE DATE (MMIDDIYI')
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PRODUCER THI$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND.
A CLASSIC PLAN INC EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
610-618 W ST GEORGE AVE COMPANIES AFFORDING COVERAGE
LINDEN NJ 07036 COMPANY
LETTER A NATIONAL CONTINENTAL INSURANCE COMPANY
GOMPANY
INSURED LETTER B
COMPANY
GARDEN STATE FIREWORKS INC LETTER c
383 CARLTON ROAD COMPANY
MILLINGTON NJ 07946 LETTER o
COMPANY
LETTER E
V vTHIS IS 70 CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE
INSURANCE AFFORDED BY THE POtIClES DESCRIBED HEREIN IS SUBJECT TO ALL 7fHE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES.
(~O POLICY EFFECTNE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
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500 CSL
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
This policy has $5,000,000.00 of Liability coverage
Municipal Excess Liability
Joint Insurance Fund
Park 50 West Plaza One
Saddle Brook NJ 07863
GAIVGtLLAIIVIV .. - .~... .~ .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 70 DAYS WRITTEN ,
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH : "
NOTICE SHALL IMPOSE NO OBLIGA?ION OR LIABILITY OF ANY KIND-UPON THE COMPANY,
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ITS AGENTS OR REPRESENTATIVES.
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** TOTAL PAGE.02 ~*
EXHIBIT KB"
PROPOSAL FORM
JULY 4, 2009 FIREWORKS
•
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SUBMIT ONE ORGINAL AND (Z) COPY OF YOUR PROPOSAL TO:
Village of North Palm Beach
501 U.S. Highway One,
North Palm Beach, FL 33408
Attn: Village Manager
Proposer'sName: GARDEN STATE FIREWORKS, INC.
(Please specify the type of entity, e.g. corporation or partnership)
FEIN No.: 22-2896574
Address: 383 CARLTON RD., BOX 403, MILLINGTON, N.J. 07946
TelephoneNo.: 908-647-1086 Fax Number: 908-647-6258
In accordance with the terms and conditions stated in the Request for Proposals (RFP), the
undersigned agrees to provide the fireworks specified in the attached Fireworks Proposal
and supply a fireworks display meeting all specifications for an amount not to exceed
Twenty Thousand Dollars ($20,000.00)
RFP.
FEBRUARY 3, 2009
Authoriz Represe five's Signature Date
'The above amount shall include the required payment and performance bond as stated in the
AUGUST N. SANTORE VICE PRESIDENT
Print Name: Position
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EXHIBIT KC"
CONFIItMATION OF DRUGFREE WORKPLACE
In accordance with Section 287.087, Florida Statutes, whenever two or more bids or proposals
are equal with respect to price, quality, and service which are received by any political
subdivision for the procurement of commodities or contractual services, a bid or proposal
received from a business that certifies that it has implemented adrug-free workplace program
shall be .given preference in the award process. In order to have adrug-free workplace program, a
business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that wilt be taken against employees for violations of such prohibition.
~ (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining. adrug-free workplace, any available drug. counseling,. rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
(3) Give each employee engaged in providing the commodities or contractual services that are
under bid or proposal a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid or proposal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than 5
days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee who is
so convicted.
(6} Make a good faith effort to continue to maintain adrug-free workplace through
implementation of this section.
~ As the person authorized to execute this confirmation, the undersigned certifies that
complies fully with the above requirements.
s
' FEBRUARY 3, 2009
Autho ' ed Repres tative's Signature Date
AUGUST N. SANTORE VICE PRESIDENT
Print Name: Position
Mate COriaa
~e,~ttrtmpnt of ~ttttp
•
-i certify from the-~eeords ofthis o~ffice-fhat GARDEN STATE F~iRE1/~iO~R>~~; tNC. - ---
is acorporation organized under the laws of the State of Florida, filed on
March 23, 2007.
The document number of this corporation is F07000001584.
I further certify that said corporation has paid all fees due this office through
December 31, 2008, that its most recent annual report/uniform business report
was filed on May 28, 2008, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
•
CR2E022 (01-07)
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Twenty-eighth day of May, 2008
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