HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-061Temp. Reso. #11396
April 22, 2008
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008 -
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 MELROSE SOUTH
PYROTECHNICS, INC., EXERCISING THE OPTION
TO RENEW FOR THE 2008 FIREWORKS AT A COST
OF $20,000.00; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, The City of Tamarac awarded a contract based on Bid Number
07-16B, to Melrose South Pyrotechnics, Inc., for electronically fired fireworks
displays for the July 4, 2007 celebration in Tamarac; and
WHEREAS, the Agreement, dated April 11, 2007, incorporated by reference
and available in the Office of the City Clerk, provides for an annual renewal option
for five (5) additional one-year extension periods, at an annual cost of $20,000.00,
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 2008, which is the first year of the five-year renewal option, with Melrose
South Pyrotechnics, 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 2008 Fourth of July fireworks display.
Temp. Reso. #11396
April 22, 2008
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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,
2008, with Melrose South Pyrotechnics, Inc., a copy of which is attached hereto as
"Exhibit 1 ".
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hereby repealed to the extent of such conflict.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.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
7
Temp. Reso. #11396
E
1
April 22, 2008
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PASSED, ADOPTED AND APPROVED this N*day of j , 2008.
f
cm A-V��
BETH FLANSBAUM-TALABISC
MAYOR
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
,S MUEL S. GOREN
CITY ATTORNEY
!6
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISPC
DIST 1: COMM PORTNERz2&
DIST 2: COMM ATKINS-GRAD G
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
City of Tamar.-Ic
Purchisiny and Corntracts Di fsioO
w
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
AND MELROSE SOUTH PYROTECHNICS, INC.
The CITY OF TAMARAC (City) and Melrose South Pyrotechnics, Inc., (Contractor) a South
Carolina corporation, with principal offices located at 4652 Catawba River Road, Catawba, South
Carolina 29704, agree to amend the original Agreement as follows:
1. Pursuant to the terms of Section 4. Time of Commencement and Substantial Completion_,
of the original Agreement dated April 11, 2007, the City and the Contractor exercise the first renewal
option for the term April 11, 2008 — April 10, 2009,
The CITY OF TAMARAC and Melrose South Pyrotechnics, Inc. agrees to amend the original Agreement
as set forth herein.
Amend Section 2) The Work to incorporate new paragraph (f) to read as follows:
SECTION 2(f). The Work.
2.f. Delays for Inclement Weather: In the event that inclement weath r should grevent the
discharge of the disglay on the date agreed upon herein and subseqWent to a gostgonement of
the display as mutual) a reed upon by the Cit and Contractor the City and Contractor shall
determine a mutually convenient alternate date within six 6 months of the original display date
with the preferential date being July 5 1h . In the event of such postponement, Contractor shall be
entitled to a sum not to exceed 10% of the original contract price as compensation for
Contractor's additional expenses. This amount shall be paid in addition to the contract price and
shall bepayable only on a one-time basis. In the event that the show is cancelled by the City, the
Contractor shall be entitled to collect out of pocket expenses incurred in pregaration for the show
including, but not limited to, material purchases, preparation, design costs, deposits, licenses and
employee charges, but in no event shall such expenses exceed 40% of the original contract
rp ice..
Amend Section 2) The Work to incorporate new paragraph (g) to read as follows:
SECTION 2(g) The Work
2g. City shall provide the following items to Contractor:
City shall provide a firing area that conforms to NFPA Code 1123-1995, which states that there
must be at least seventy feet per inch of shell diameter betweenfiring site and any spectators,
cars or buildings. This grogram requires a safety zones that has a radius of 350 feet because of
the inclusion of five (5) inch shells. Adjustments will be made to the content of this program if
necessa to conform to NFPA 1123-1995. City shall provide for protection of the display area
by roping -off or similar facility, and will provide adequate security rotection to prevent Spectators
from entering display area. Additionally, City shall conduct a search of the fallout area at first light
following a nighttime display. City shall also grovide Contractor with applicable information
related to the requirements of the Tamarac City code agglicable to the display.
4. Amend Section 14 Uncontrollable Forces, Paragraph 14.1 to now read as follows:
14 Uncontrollable Forces
14.1 Except as specifically provided for by Bid Document 07-16B, "Aerial Fireworks Display", or
addressed by Section 2.f of this Agreement, neither the City nor Contractor shall be
considered to be in default of this Agreement if delays in or failure of performance shall be
p i
J
amity of Tamarac - Purchasing and Contracts Division
due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence,
the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any
event which results in the prevention or delay of performance by a party of its obligations
under this Agreement and which is beyond the reasonable control of the nonperforming
party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic,
war, riot, civil disturbance, sabotage, and governmental actions.
All other portions of the original Agreement are in effect as written.
Remainder of Page Intentionally Blank
City of Taniar:'ac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its President duly authorized to execute same.
ATTEST.
Mariom Swenson, CIVIC
City Cleo x
Date
ATTEST:
Signature of Corporate Secretary
Rose Cartolano
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TA ARA
eth Flansbaum-Talabiisco, Mayor
10.7 CIL.
Date
ffrey L. RAer, City Manager
Date
Appr d as to form and legal sufficiency:
City Morney
Date
MELROSE SOUTH PYROTECHNICS, INC.
Company Name
Signature of President
Michael Cartolano
Type/Print Name of President
APRIL 10, 2008
Date
City of Tarnar.:ic Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF SOUTH CAROLINA
:SS
COUNTY OF YORK
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in
the County aforesaid to take acknowledgments, personally appeared Michael Cartolano, President, of
Melrose South Pyrotechnics, Inc. a South Carolina Corporation, duly registered as a Florida Foreign
Corporation, to me known to be the person(s) described in and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
1OTH
WITNESS my hand and official seal this. day of APRIL 20 08 .
Signature of Notary Public
State of Florida at Large
JENNIFER CAULDER
Print, Type or Stamp
Name of Notary Public
[' Personally known to me or
❑ Produced Identification
Type of I.D. Produced
ff DID take an oath, or
❑ DID NOT take an oath.
rCommission Expires
6Wtember24,2009