R2022-93 Amendment to 4th of July Fireworks Display ContractRESOLUTION 2022-93
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
r PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE CONTRACT
1 WITH STARFIRE CORPORATION TO PROVIDE A FIREWORKS DISPLAY FOR
THE 2023 4TH OF JULY CELEBRATION AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE AMENDMENT; WAIVING THE VILLAGE'S
PURCHASING POLICIES AND PROCEDURES; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 2020-33 on April 23, 2020, the Village Council
approved a Contract with Starfire Corporation to provide a fireworks display for the Village's 4th of July
celebration for 2020 through 2022 based on a proposal submitted in response to the Village's RFP; and
WHEREAS, due to COVID-19, the Village canceled the fireworks in 2020, and the parties have agreed
to amend the Contract to extend the term for an additional one-year period and increase the compensation
paid by the Village; and
WHEREAS, the Village Council determines that the approval of the Amendment to the Contract is in
the best interests of the Village and its residents.
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 approves an Amendment to the Contract with Starfire
Corporation to extend the term for an additional one-year period and increase the compensation to
$30,000.00 for the 2023 4th of July celebration, with funds expended from Account No. A8229-35651
(Parks and Recreation — July 4th Celebration). The Village Council further authorizes and directs the
Mayor and Village Clerk to execute the Amendment, a copy of which is attached hereto and incorporated
herein.
Section 3. In approving the Amendment to the Contract, the Village Council waives all conflicting
purchasing policies and procedures.
Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 5. This Resolution shall take effect immediately upon its adoption.
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OPTED THIS 27TH DAY OF OCTOBER, 2022.
VILLAGFCLERK
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MAY\QR
1
AMENDMENT TO CONTRACT
This Amendment is made as of the 27th day of October, 2022, by and between the VILLAGE OF
NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to as the
VILLAGE, and STARFIRE CORPORATION, a Pennsylvania corporation authorized to do
business in the State of Florida, hereinafter referred to as CONTRACTOR, whose Federal
Employer I.D. is: 25-1429138.
WHEREAS, on April 23, 2020, the VILLAGE and CONTRACTOR executed a Contract whereby
CONTRACTOR agreed to provide a fireworks display for the VILLAGE’s 4th of July celebration
for 2020, 2021 and 2022; and
WHEREAS, the VILLAGE canceled the fireworks display in 2020 because of the COVID-19
pandemic, and due to inflation and supply chain issues, CONTRACTOR has agreed to provide a
fireworks display for 2023 at an increased cost; and
WHEREAS, the parties wish to amend the Contract to provide for these modifications.
NOW, THEREFORE, in consideration of the promises and mutual covenants set forth in the
Contract and this Amendment, the receipt and sufficiency of which is hereby acknowledged by
both parties, the VILLAGE and CONTRACTOR agree as follows:
A. CONTRACTOR shall provide the fireworks display for the VILLAGE’s 2023 4th of July
celebration, and the parties agree to amend subsections 1 and 2 of Article 1(C) to read as follows:
1. CONTRACTOR shall stage all necessary fireworks and equipment at the VILLAGE’s
designated location on or before July 4, 2023 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, 2023.
B. The parties agree to amend Article 2(D) to extend the term of the Contract for an additional
one-year period, unless terminated earlier in accordance with Article 7.
C. The parties agree to amend Article 4(A) of the Contract to increase the amount of
compensation paid by the VILLAGE to CONTRACTOR to Thirty Thousand Dollars and No
Cents ($30,000.00) for the 2023 4th of July celebration. The Village shall pay the fifty percent
50%) deposit on or before April 1, 2023.
D. The parties agree to add a new Article 34 to the Contract to read as follows:
ARTICLE 34. E-VERIFY
CONTRACTOR warrants and represents that CONTRACTOR and all
subcontractors are in compliance with Section 448.095, Florida Statutes, as may be
amended. CONTRACTOR has registered to use, and shall continue to use, the E-
Verify System (E-Verify.gov) to electronically verify the employment eligibility of
newly hired employees and has received an affidavit from each subcontractor
stating that the subcontractor does not employ, contract with or subcontract with
unauthorized aliens. If the VILLAGE has a good faith belief that CONTRACTOR
DocuSign Envelope ID: BBC119F1-652F-4B94-A2C6-7E8A11C355C2DocuSign Envelope ID: F3C7B009-118B-4E2F-B17C-C062A9B05F49
2
has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall
terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be
amended. If the VILLAGE has a good faith belief that a subcontractor has
knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has
otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall
immediately terminate its contract with the subcontractor.
E. All other terms and conditions of the Contract, to the extent not expressly modified herein,
shall remain in full force and effect. Any conflict among the terms of the Contract, the terms of
the Fireworks Display Contract executed by the VILLAGE on May 22, 2020 and this Amendment
shall be resolved in the following order: this Amendment, the Contract, and the Fireworks Display
Contract.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment as of the day and year first above written.
CONTRACTOR:
BY:
Print Name:
Title: _____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
DEBORAH SEARCY
MAYOR
ATTEST:
BY: ________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
VILLAGE ATTORNEY
DocuSign Envelope ID: BBC119F1-652F-4B94-A2C6-7E8A11C355C2
Audrey Jean Terrizzi
PRESIDENT
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