HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-045Temp. Reso. #10663 - February 17, 2005
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF TAMARAC AND ZAMBELLI INTERNATIONALE
FIREWORKS MANUFACTURING COMPANY, INC.,
EXERCISING THE OPTION TO RENEW FOR THE 2005
FIREWORKS AT A COST OF $25,000.00; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Tamarac awarded a contract based on Bid Number 01-12B,
to Zambelli Internationale Fireworks Manufacturing Company, Inc., for electronically fired
fireworks displays for the July 4, 2001 celebration in Tamarac; and
WHEREAS, the Agreement, dated May 23, 2001, attached hereto as "Exhibit 1 ",
provides for an annual renewal option for five (5) additional one-year extension periods, at
an annual cost of $25,000.00, which is a 0% increase; and
WHEREAS, available funds exist in the Parks and Recreation Operating Fund
budget for said purpose; and
WHEREAS, it is the recommendation of the Parks and Recreation Director to renew
for 2005, which is the fourth year of the five-year renewal option, with Zambelli
Internationale Fireworks Manufacturing Company, Inc.; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to exercise the
option to renew for the 2005 Fourth of July fireworks display.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Temp. Reso. #10663 - February 17, 2005
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SECTION 1: The foregoing Whereas clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this resolution upon adoption
hereof.
SECTION 2: The appropriate City officials are hereby authorized to execute an
amendment to Agreement for the purchase of fireworks to be held on July 4, 2005, with
Zambelli Internationale Fireworks Manufacturing Company, Inc., a copy of which is
attached hereto as "Exhibit 2".
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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Temp. Reso. #10663 - February 17, 2005
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SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 23d day of March, 2005.
ATTEST:
MARION SWIi-NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S.KRAr
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: V/M. SULTANOF
DIST 4: COMM. ROBERTS
Temp. Reso. #10663
Exhibit 1
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
ZAM13ELLI FIREWORKS INTERNATIONALE
THIS AGREEMENT is made and entered into this 273"'01 ' dayof-A0A�, 2001
by and between the City of Tamarac, a municipal corporation with principal officA located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Zambelli Fireworks
Internationale, a Florida corporation with principal offices located at 1 West Camino Real
Blvd., #100, Boca Raton, FL 33432 (the "Contractor") to provide for Fireworks at the City of
Tamarac's July 4th Celebration.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
CITY and CONTRACTOR agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract
(General, Supplementary and other Conditions), drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement if
attached to this Agreement or repeated therein.
2) The Work
The contractor shall perform all work for the City required by the contract documents
as set forth below:
a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to provide a
'firdWorks display or fireworks and laser light display for the City of Tamarac's July 4th
Celebration as per the terms and conditions outlined in Bid 01 -1 2B "Fireworks & Laser
Light Show". The contract shall be for an initial period of one (1) year. The City
reserves the right to extend the contract for five (5) additional one (1) year periods
providing all parties agree to the extension, and all of the terms, conditions, and
specifications remain the same.
b) Contractor shall cleanup and remove all debris and material created by the work at the
contractor's expense.
c) CONTRACTOR shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner. CONTRACTOR
shall comply with all OSHA safety rules and regulations in the operation of equipment
and in the performance of the work. CONTRACTOR shall at all times have a
competent field supervisor on the job site to enforce these policies and procedures at
the CONTRACTOR's expense.
d) All equipment must be stored in a safe manner when not in operation. The CITY shall
not be responsible for damage to any equipment or personal injuries caused by the
CONTRACTOR's failure to safely store equipment.
e) CONTRACTOR shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the CONTRACTOR, its employees, agents or subcontractors, if
any, with respect to the work and services described herein.
3) Insurance
Contractor shall obtain at Contractors expense all necessary insurance in such form
and amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City, including Professional Liability
when appropriate. Contractor shall maintain such insurance in full force and effect during
the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates
of all insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance. Contractor's
Liability Insurance policies shall be endorsed to add the City as an additional insured.
Contractor shall be responsible for payment of all deductibles and self-insurance retentions
on Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The term of this Agreement shall be for a period of one (1) year, beginning the first
day following execution by the City. Upon expiration of the one (1) year term, the parties
may choose to terminate this Agreement, or renew the Agreement by written agreement
signed by the parties hereto for five (5) additional one (1) year terms.
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5) Contract Sum
The Contract Sum for the above work is Twenty Five Thousand Dollars and No
cents ($25,000.00) for an electronically fired fireworks display or Thirty Three Thousand
Dollars and No cents ($33,000.00) for an electronically fired fireworks display and laser
light show. The Contract sum is determined by the cost of labor and materials for the job
also known as Bid 01-12B "Fireworks & Laser Light Show".
6) Payments
The CITY shall pay in full the Contract Sum to the Contractor upon completion of
the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The
City shall pay the CONTRACTOR for work performed subject to the specifications of the
job and subject to any additions and deductions by subsequent change order provided in
the contract documents.
7) Waiver of Lions
Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or contractors who worked on the project that is the subject
of this Agreement.
8) Warranty
Contractor warrants the job completed against defect. Failure to deliver and shoot
all shells will result in a prorated amount being paid to the vendor and removal of the
vendor from all future bid solicitations. Contractor shall be responsible for any damages
caused by defect to affected area or structure.
9) Indemnification
The CONTRACTOR shall indemnify and hold harmless the CITY, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys'fees) in connection with loss of life,
bodily or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the CONTRACTOR or its officers, employees, agents, subcontractors, or
independent contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the negligence or willful misconduct of the CITY or
its elected or appointed officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during the term of this
Agreement, even though the claim may be made after the termination hereof.
RK
Nothing contained herein is intended nor shall be construed to waive CITY's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time,
10) Non-Discriml nation
The CONTRACTOR agrees that it shall not discriminate against any of its
employees or applicants for employment because of their race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination.
The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts
hereunder except subcontracts for standard commercial supplies or raw materials. Any
violation of such provisions shall constitute a material breach of this Agreement.
11) Independent Contractor
CONTRACTOR is an independent contractor under this Agreement. Personal
services provided by the CONTRACTOR shall be by employees of the Contractor and
subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of
the CITY. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the
CONTRACTOR.
12) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
13) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
CITY
City Manager
City of Tamarac
7525 N.W, 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
4
CONTRACTOR
George R. Zambelli
President
Zambelli Fireworks Internationale
I West Camino Real Blvd., #100
Boca Raton, FL 33432
14) Termination
This Agreement may be terminated by City or Contractor for cause or by the City for
convenience, upon sixty (60) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this termination.
Default by CONTRACTOR: In addition to all other remedies available to the CITY,
this Agreement shall be subject to cancellation by the CITY should the CONTRACTOR
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
seven (7) days after receipt by CONTRACTOR of written notice of such neglect or failure.
15) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
16) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
17) Signatory Authority
The CONTRACTOR shall provide the CITY with copies of requisite documentation
evidencing that the'signatory for CONTRACTOR has the authority to enter into this
Agreement.
5
18) Severabillity; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The nonenforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement. -
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the CONTRACTOR and the
CITY, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the CONTRACTOR and the CITY.
The remainder of this page left blank intentionally
1.1
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, through its Mayor and
Zambelli Fireworks Internationale, signing by and through its President duly authorized to
execute same.
ATTEST: —
Marion Swen on, CIVIC
City Clerk
Date:
ATTEST:
(6orporate Secre(4
6AI�3;lwwe
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
7
CITY OF TAMARAC
J)de Schreiber, Mayor
Date: 5-2 9-01
Jeffrey LIMill6r, City Manager
Date: S- 2- 9 - C'l
Apjp�vf, d as
Su 1ci ncv:
Mitchell S. Kraft,
ZAMBELLI FIREWORKS
INTERNATIONALE
,,----7
(�10,,06 if 'W eA,
(Name of President)
OaR&-e'W Zam�el)l'
Type/Print Name of President
Date:
CORPORATE ACKNOWLEDGEMENT
STATE OF 0-0 0 da--
COUNTY OF Y
The foregoing instrument was acknowledged before me this 16 4'1 day of
7)%&jt_,20_e'Lby _0(�,�O66 �;'- ZC&Vh(�)Z . . (name of officer
or agent, ti I tle of officer or agent) of _Zambe)),' Ayewo(961n-��m—e-f
corporation acknowledging), a (state or place of
incorporation) corporation, on behalf of the corporation. He is�ersonal�lykno�wn
take an oath.
(type of identification) as identification and did (did not)
, y � ' " o' '\ , .1 M &-,
Signature of N—otary Public — State of
Florida
1�arQ a. Jy-o--5aA-h
Print, Type or Stamp Name of Notary
Public
Gary A. 7hsatti
Commission # 00 $07421
Expim Hu. 26. 2003
Bonded Thru
-OS11"a - 0I Atlantic Bonding Co., Inc.
CERTIFICATE OF INSURANCE
PRODUCEM
Allied Specialty Insurance
10451 Gulf Blvd
Treasure Island, FL 33706
1-800-237-3355
INSURED:
ZAMBELLI FIREWORKS MFG.CO. INC.
ZAMBELLI FAMILY PARTNERSHIP
20 SOUTH MERCER
NEWCASTLE, PA 16103-1463
Issw Date MMIDDIYY
0205/05
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM47ION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A
T.H.E. INSURANCE COMPANY
LErrER
COMPANY
B
Certificate # 10145
LEII
COMPANY
C
Show # 050498
LEII R
COMPANY
D
LETTER
------- ----------
-----------------------------------------
----------------
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WtTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXPLUSIONS AND CONDMONS OF SUCH
POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
100
TYPE OF
POLICY
POLICY
POLICY
LTR
INSURANCE
NUMBER
EFF DATE
EXP DATE
LIMITS
GENERAL LIABILffY
GENERAL AGGREGATE
$3,W0.000
C9 COMMERCIAL GENERAL LIABILITY
MBUFS226
211/05
2R106
PRODUICTS-COMP/OP AGG
$1,000.00o
A
OCLAIMS MADE OOCCUR
PERSONAL & ADV INJURY
$1.000,000
[I OWNER'S & CONT PROT
EACH OCCURANCE
$1,000,000
0—
FIRE DAMAGE (any ona Ire)
$50.000
M 9M (any Qftpersm)
$NA
AUTOMOBILE LIABILITY
0 ANY AUTO
MSMF5226
211105
211106
COMBINED SINGLE UMrr
$1,000,000
A
[I ALL OWNED AUTOS
BODILY INJURY
$
0 SCHEDULED AUTO$
(per persm)
CK HIRED AUTOS
BODILY INJURY
$
0 NON -OWNED AUTOS
(peraoddent)
13 - b
-WA—
I
PROPERTY DAMAGE
$
G A GE LIIABILITY
AUTO 6NLY:MACCIDENT
[I ANY -AUTO
'OTHER THAN AUTO ONLY.
$
0 —
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
A
[3 UMBRELLA FORM
M5XF5=7
2fl/05
W1106
EACH OCCURENCE
$1,000,000
1@0THER THAN UMBRELLA FORM
AGGREGATE
$1,000,000
WORKERS CNPEN AND
EMPLOYEES, LIABILITY
E3 STATUTORY LIMITS
A
THE PROPRIETOR/ 0 INCL
WC045M
12130104
12=5
EACH ACCIDENT
$1,000,000
PARTNERS/EXECUTIVE
DISEASE -POLICY LIMIT
$1 100D.000
OFFICERS ARE EXCL
DISEASE -EACH EMPLOYEE
11,000,000
OTHER
A
EXCESS LIABILITY
M5XF5228
211/05
211/06
H OCCURRENCE
$8,000,000
1211106
AGGREGATE
$8.000,000
HIRED PHYSICAL DAMAGE
MSMF5226 _[
211105
LIMIT $100.000 E2,500 Dad._
DESCRIPTION OF OPERATIONSILOCA-nONSIVEHICLESISPECIAL ITEMS
DISPLAY- DATE: vwo or alternate date as per contract.
LOCATION: 9901 NW 77th Street, Tamarac Sports Complex, Florida
THE FOLLOWING ARE NAMED AS ADDITIONAL INSUREDS AS
RESPECTS COMMERCtAL GENERAL LIABILITY INSURANCE PERTAINING TO
THE OPERATIONS OF THE NAMED INSURED ONLY:
City of Tamarac - ATIMA
CERTIFICATE H500
--dANCE1U,—nrw
City of Tamarac
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
COMPANY
7525 NW 88th Avenue
WILL ENDEAVOR To MAILV DAYS WRITTEN NOTICE TO THE
Tamarac, FL 33321
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL
SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY
KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZEB rtEFRENEWT—ATIVE
F".AM
Temp. Reso. kZ249/
"EXHIBIT 2"
AGREEMENT AMENDMENT
BETWEEN THE CITY OF TAMARAC
AND ZAMBELLI INTERNATIONALE FIREWORKS
MANUFACTURING COMPANY, INC.
The CITY OF TAMARAC and Zambelli Internationale Fireworks Manufacturing Company, Inc.,
agrees to amend the original Agreement dated May 23, 2001 as follows:
S.ECTIQN 2(a). The Work.
2-a. The Company agrees to deliver equipment to the City on July 3, 2004 2M, to furnish
sufficient trained personnel to present a display, and to present such display on the date of July 4,
2004 Z0_06. The City agrees to pay the cost of $26,000.00 for such display upon successful
completion of the display. In the event of rain, the rain date will be july 10, 2004 JVIM-9
-2005.
SECTION 4. Time -and Comnenoement and Substantial Completion.
4. The City and Zambelli Internationale Fireworks exercise the #" fourth renewal option for the
termMay30,2004 May29,20 LAay30.2005-May2g,2006.
All other portions of the original Agreement are in effect as written,
IN WITNESS WHEREOF, the parties have made and executed this Amendment on the
respective dates under each signature. CITY OF TAMARAC, through its Mayor and ZAMBELLI
INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC., signing by and through
its President, duly authorized tD execute same.
ATTEST.
Marion- Swenson, MC, City Clerk
Date:
EST:
Corporate-Secr6bry
ANNLYN ZAMBELLI
Type Name of Corporate Secretary
CITY OF TAMARA�9.,
By: L-Z
oie SchreibefrMayor
Date: 1,23 1(2';-
Jeffreff- M r, City Manager
Date: LS I ,Ls I n<
; and
7 Z 3/6
Mitchell S.
ZAMBELLI INTERNATIONALE
FIREWORKS MANUFACTURING
COMPANY, INC.,
Illy, a
. I
M rcy Zam IW,' E
(CORPORATE SEAL)