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Home My Public Portal About1997-25 July 4th fireworks agreement, Firepower Displays UnlimitedRESOLUTION NO. 97-25 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE VILLAGE WITH FIREPOWER DISPLAYS UNLIMITED, INCORPORATED, PRINCETON, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council supports a Fourth of July fireworks display for residents and visitors on Key Biscayne; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Mayor is hereby authorized to enter into an one (1) year agreement on behalf of the Village with Firepower Displays Unlimited, Incorporated, Princeton, Florida, at a cost not to exceed $50,000 in 1997, to provide a Fourth of July fireworks display. Section 2. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 29th day of April , 1997. CONCHITA H. ALVAREZ, VILLAGE CLERK ,D 3:),4 OR JOHN F. FESTA aif KEir.6 C6‘41/':----,- .7.4:45'. .rya fit;; i �1r sy e 4 !k,t, i Attli � w 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: r CH RD J. WEISS, R1 VILLAGE ATTORNEY "r VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 41 day of, .3LLkQ . 1997, by and between the VILLAGE OF KEY BISCAYNE, (the "VILLAGE") and FIREPOWER DISPLAY, INC., (the "CONSULTANT"). RECITALS: The VILLAGE wants to encourage the CONSULTANT to perform certain professional services as specifically described in Exhibit A to his agreement ("Specified Services"). The CONSULTANT wants to provide such Specified Services. In consideration of the mutual covenants set forth in his Agreement, the parties agree as follows: 1. SCOPE OF SERVICES The CONSULTANT agrees to provide the Specified Services as outlined in Exhibit A. 2. FEES FOR SERVICES The CONSULTANT agrees to charge the VILLAGE for Specified Services provided in accordance with the fees schedule attached as Exhibit A. 3. TERM The term of this Agreement is 1 year(s) unless earlier 1 terminated pursuant to paragraph 7. 4. GENERAL TERMS AND CONDITIONS All documents and work papers that result from the CONSULTANT providing Specified Services shall be the property of the VILLAGE. Upon termination of this agreement or upon request of the VILLAGE during the term of this Agreement, any and all such documents shall be delivered to the VILLAGE by the CONSULTANT. 5. ASSIGNMENT This agreement shall not be assignable by the CONSULTANT. 6. PROHIBITION AGAINST CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other the a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that is has not paid or agreed to pay any person(s), company, corporation, individual or firm„ other than a bona fide employee working solely for the CONSULTANT any fee, commission percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon thirty (30)days written notice with or without cause and by the CONSULTANT fortyfive (45) days written notice with or without cause. If termination occurs by the VILLAGE short of the 30 ,days notice a 2 10% payment of contract price will be honored. 8. INSURANCE The CONSULTANT shall at all times carry liability insurance in the minimum amount of $2,000,000. The VILLAGE shall be named as an additional insured on all of the liability insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the VILLAGE 45 days prior to the effective date of said cancellation. 9. WARRANTIES OF CONSULTANT The CONSULTANT hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. 10. ATTORNEYS FEES In connection with any litigation arising out of this Agreement, the VILLAGE shall be entitled to recover reasonable attorneys fees and costs. 11. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have been property given if transmitted by registered or certified mail or hand delivery. All 3 notices and communication shall be effective upon receipt. Notices shall be addressed as follows: Village: With a copy to: Consultant: 12. GOVERNING LAW C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, FL 33149 (305) 365-5514 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman 2665 South Bayshore Drive Suite 204 Miami, FL 33133 (305) 854-0800 Gary Avins Firepower Displays, Inc. 14240 S. W. 256 Street Princeton, FL 33032 (305) 258-1110 This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: Gary Avins Firepower Display, Inc. 14240 S. W. 256 Street Princeton, FL 330 (305) 258-111 By: isplay, Inc. Attest: May 5, 1997 VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, FL 33149 (305) 365-5514 By: C. Samuel Kissin;er Village Manager Attest: