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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-045Temp. Reso. #10663 - February 17, 2005 Page 1 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 Page 2 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 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. I L I n Temp. Reso. #10663 - February 17, 2005 Page 3 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. 2 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)