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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-080Temp. Reso. #10405 - February 3, 2004 Page 1 CITY OF TAMARAC, FLORIDA � RESOLUTION NO. R-2004 - p 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 2004 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 2004, which is the third 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 2004 Fourth of July fireworks display. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. #10406 - February 3, 2004 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, 2004, 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 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 1 1 Temp. Reso. #10406 - February 3, 2004 Page 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 28t" day of April, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION asAo form. MITCHELL SLKF CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL BISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS Temp. peso. # 10406 Exhibit 1 AGREEMENT BETWEEN THE CITY OF TAMARAC AND ZAMBELLI FIREWORKS INTERNATIONALE THIS AGREEMENT is made and entered into this 2 day of .200. b and between the City of Tamarac, a municipal corporation with principal ooff�ocatec Y tY at 7525 N.W. 88th Ave,, Tamarac, FL 33321 (the "CITY") and Zambelli Firework: Intemationale, a Florida corporation with principal offices located at 1 West Camino Rea Blvd., #100, Boca Raton, FL 33432 (the "Contractor') to provide for Fireworks at the City o Tamarac's July 4'" 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 contrac (General, Supplementary and other Conditions), drawings, specifications, all addendi issued prior to, and all modifications issued after execution of this Agreement. Thesi contract documents form the Agreement, and all are as fully a part of the Agreement i attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City requited by the contract document! as set forth below: ° a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to provide fireworks display or fireworks and laser light display for the City of Tamarac's July 4t1 Celebration as per the terms and conditions outlined in Bid 01-12B "Fireworks & Lase Light Show". The contract shall be for an initial period of one (1) year. The Cit reserves the right to extend the contract for five (5) additional one (1) year period providing all parties agree to the extension, and all of the terms, conditions, an, specifications remain the same. b) Contractor shall cleanup and remove all debris and material created by the work at th 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 Nc cents ($25,000.00) for an electronically fired fireworks display or Thirty Three Thousam Dollars and No cents ($33,000.00) for an electronically fired fireworks display and lase light show. The Contract sum is determined by the cost of labor and materials for the jot 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 o 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 it the contract documents. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by al suppliers, subcontractors, and/or contractors who worked on the project that is the subjec of this Agreement. 8) Warranty Contractor warrants the job completed against defect. Failure to deliver and shoo, 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 damage: caused by defect to affected area or structure. 9) Indemnification The CONTRACTOR shall indemnify and hold harmless the CITY, its elected anc appointed officials, employees, ,and agents from any and all claims, suits, actions damages, liability, and expenses and attorneys' fees) in connection with loss of life bodily or personal injury, or property damage, including loss of use thereof, directly of indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the CONTRACTOR or its officers, employees, agents, subcontractors, of independent contractors, excepting only such loss of life, bodily or personal injury, of property damage solely attributable to the negligence or willful misconduct of the CITY of 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 thi<. Agreement, even though the claim may be made after the termination hereof. 3 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 -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of it; employees or applicants for employment because of their race, color, religion, sex, of 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. An) violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor CONTRACTOR is an independent contractor under this Agreement. Persona: 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, FI. 33321 With a copy to City Attorney at the same address. 4 CONTRACTOR George R. Zambelli President Zambelli Fireworks Internationale 1 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 Cityfc convenience, upon sixty (60) days of written notice by the terminating party to the othe party for such termination in which event the Contractor shall be paid its compensation fo services performed to termination date, including services reasonably related ti termination. In the event that the Contractor abandons this Agreement or causes it to bi 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 CONTRACTOF neglect or fail to perform or observe any of the terms, provisions, conditions, o requirements herein contained, if such neglect or failure shall continue for a period o 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 expenditure; 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 tc termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now ant hereafter in force. The venue for actions arising out of this agreement is fixed in Browar( County, Florida. 17) Signatory Authority The CONTRACTOR shall provide the CITY with copies of requisite documentatior evidencing that the signatory for CONTRACTOR has the authority to enter into this Agreement. N1 I 18) 5everability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in a jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition unenforceability without invalidating the remaining provisions hereof or affecting the valk or enforceability of such provisions in any other jurisdiction. The nonenforcement of a provision by either party shall not constitute a waiver of that provision nor shall it affect t enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the CONTRACTOR and t CITY, and negotiations and oral understandings between the parties are merged here This Agreement can be supplemented and/or amended only by a written docume executed by both the CONTRACTOR and the CITY. The remainder of this page left blank intentionally N. IN WITNESS WHEREOF, the parties have made and executed this Agreement of the respective dates under each signature. CITY OF TAMARAC , through its Mayor an, Zambelli Fireworks Internationale, signing by and through its President duty authorized t, execute same. ATTEST: -- Marion Swen on, CIVIC City Clerk Date: p ATTEST: Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC a,"tre 4A�'e' )— e Schreiber, Mayor Date: 5-2 9-01 ZL Jeffrey eAill4r, City Manager Date- 5 2 9-01 as Mitchell S, Kraft, ZAMBELLI FIREWORKS INTERNATIONALE (Name of Pres1 ent) Type/Print Name of President Date: ` 0/ 7 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY of ac The foregoing instrument was acknowledged before me this lkltl . day of _'Mat , 20pLby (2�QA6 I"'f. Z1i�/�CllL (name of office or agent, title of officer or agent) of Zam be)%, f'l YC WOKS rnmm�e of corporation acknowledging), a T �►� �? 1/Gii'1_I !� (state or place of incorporation) corporation, on behalf of the corporation. He 4 �erson�allynown to me take an oath. (type of identification) as identification and did (did not o' Signature of Notary Public — State of Florida Print, Type or Stamp Name of Notary Public Gary A.'haaa U Comrninlon #� 0C B N • lxplrrr flat. 26. �003 $ondnd 'nuu � „ Aelanda $vadin�Co., in oJY 1 Ly cIvo �,111-;mm�nn�-rL'fll.l'1nSli�la wiVVI e 5--V7/03 14.17 seta n4 24M os/_OT/03 14:60 F.1I e54 7241406 CITY-TAKA AC-PURCRA$ING rh002 Temp. Reso. #10061 - Exhibit 2 of Tamew AGREEMENT AMENpMtNT BETWEEN TMQ CITY OF TAMARAC AND ZAMBELLI iqRLwOiwci INTERNAr1ONALE and The CITY OF TAMARAC (City) and Zambe i Fkawcelts Internationale, a Pennsyhrania corporation. with principal oftes located at 1 Wext Camino Real Blvd., Suite 100, Boca Raton FL 33432, agree to amend the original Agreement dates! May 23, 2001 as follows: 1gon 2 The The Company agrees to deliver equipment to the City on July 3. 2003, and to furnish sufficient trained personnel to present fireworks and/or a laser light display on July d, 2003, per the twmS and conditions outlined in Bid 01-128 "Fireworks & Loser light Show'. City agrees to pay the cast of $25,000,00 for such display upon successful completion. 1 idoh the Comggy j re Special §et E!Ieces QaWanyf !Lhe 40th-jj1rthdAxfDr the july 4 m sta gp-xt 3 6 0.00 S in AMchmMIA. In the event of rain, the rain date will be July 5. 2603. Se TIENpt CamLnenaMpryt Xjg Substanb@j CumoleQQn. The City and Zarrlbelii Fireworks Internationale exercise the second renewal option for the term May 30, 2003 - May 29, 2004. Ail other provisions of the original agreement remain in effect as written. IN WITNESS WHEREOF. the parties hereby have made and executed this Amendment to Agmement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and ambelN Fireworks Internationale, signing by and through ifs President, duly authorized t4 execute same. CITY OF TAN ARAC reiber Joe Sch , Mayor ATTEST: Marion Swenson, City Cleric Date Date Je rey L. M' er, City Manager Date Approved as to form and legal sufficiency: MAdiall S. MkCity Attorney z00/ZOOd SOZ-ON BOVE VZ4 V96 + sma3FMIA I1-1BHWVZ tout Eo/'&O"Go F ATTEST: �./,•. r / 1 l -C� (Corporate Secrets ') F Constance J. Zambelll Type/Print Name of Corporate Secy. (CORPORATE SEAL) Zambelli Fireworks Internationale Company Name Signature of President Georae Zambelll Type/Print Name of President &X� /" Date CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF 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 George Zambelli, President of Zambelli Fireworks Internationale, a Pennsylvania 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. WITNESS my hand and official seal this i day 4//,,a!jL - 20 03 GaryA. Trasatti = ' V:1 commission WD197577 Expires: Mar 26, 2007 •'.r:::`� Bonded Thru ''•"��„�� Atlantic Stndin$Co.,Inc. Signature of Notary Public State of Florida at Large (3A,q A.- . Print, Type or Stamp Name of Notary Public Q Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Temp. Reso. #10406 "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: SECTION 2(a). The Work. 2.a. The Company agrees to deliver equipment to the City on July 3, 2993 2004, to furnish sufficient trained personnel to present a display, and to present such display on the date of July 4, 2493 2004. The City agrees to pay the cost of $25,000.00 for such display upon successful completion'^ ����«:,,,, .. e Company agrees to provide SpeGial get PieGes Designs foF the 49th BiFthday fQF the july 4, 2003 . of the display. In the event of rain, the rain date will be JCS, 2993 July 10, 2004. SECTION 4. Time and Commencement and Substantial Completion. 4. The City and Zambelli Fireworks Internationale exercise the sesend third renewal option for the term ., 3e 2003 May 2e 2094 May 30, 2004„-„May 29, 2005. 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 to execute same. ATTEST: Marion Swenson, CMC, City Clerk Date: _ . _ 'tl 3, �14 Name df Corporate Secretary CITY O TAMARA ` t. Joe Schreiber, Mayor Date: Jeffre . M' er, City Manager Date: b ak Approve to and legs S ie cy. �r Mitchell S. raft, Ci Att ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC. stance Zambelli, Vice lPlesident (CORPORATE SEAL) I CORPORATE ACKNOWLEDGEMENT STATE :SS COUNTY OF 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 Constance Zambelli, Vice President, of Zambelli Fireworks Internationale, a Pennsylvania 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. WITNESS my hand and official seal this di -ay of4L4-C---' 2Q�/ Signature of Notary Public State of Florida at Large C-vaf (-1 �h �Zsa-ttt Print, Type or Stamp Name of Notary Public El"' Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ / DID take an oath, or 6 DID NOT: take an oath.