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HomeMy WebLinkAboutCity of Tamarac Resolution (59)Temp. Reso. #9684 - February 6, 2002 Page 1 Rev. #1 - March 4, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002 - 059 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 2002 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 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 Purchasing and Contracts Manager and the Parks and Recreation Director to renew for 2002, which is the first 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 year 2002. L Temp. Reso. #9684 - February 6, 2002 Page 2 Rev. #1 - March 4, 2002 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, 2002, 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 SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 �1 Temp. Reso. #9684 - February 6, 2002 Page 3 Rev. #1 - March 4, 2002 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED, AND APPROVED this 13th day of March, 2002 ATTEST: RECORD OF COMMISSION VOTE: MARION SW NSON, CMC CITY CLERK MAYOR SCHREIBER Aye/ DIST 1: COMM. PORTNER Ayes DIST 2: COMM. MISHKIN flue' I HEREBY CERTIFY that I DIST 3: V/M SULTANOF_Ayel have approved this DIST 4: COMM. ROBERTS fl yei RESOLUTION as to form. Temp. Reso. #9684 - Exhibit 1 AGREEMENT BETWEEN THE CITY OF TAMARAC AND ZAMBELLI FIREWORKS INTERNATIONALE THIS AGREEMENT is made and entered into this 2 Vrol day of �A04-_, 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 41" 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 fireworks 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 01-12B "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 Contractor's 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. 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 Liens 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. 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 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 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 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) Severability; 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 0 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• — y Marion Swen on, CIVIC City Clerk Date: C610 ATTEST: (corporate Secr (�Ao i, o, e , --/ -Zll wie& Type/Print Name of Corporate Secy (CORPORATE SEAL) 7 CITY OF TAMARAC e Schreiber, Mayor Date: 5-2 9-0/ Jeffrey "ill4r, City Manager Date: 5 2 9 . D / ZAMBELLI FIREWORKS I NTERNATIONALE -(9e'0)Q6C- eW zgewem (Name of President) 0zoR�''-WZ"a1n e1j, Type/Print Name of President Date: D/ �J A�Q.I. n CERTIFICATYeOF UAGIUTY INSURAk%PL- 02/15/02 wmaw o )nimir2 FAX (lU)721-ZtM witirO GATE 15 ISSUED As A MATTEM OF WOORNAHW Adrian M. Molter 0 Co. GMT AND CONFERS NORN111T! YFON THE CERTO"TE 8301 WArOmod Awwnr NOLON. "M CERTW1CATE DOES NOT AMEND, EXTEap oft n►ww M es�iawwaa Awoawsas av r r.L..C... ♦..ow. P. 0. Mall ii/rl St. LOUIS, N0 Atlfi-it11 INSURMsAFF0 0 /000VERAGE nw.w • s d VS. �. .roam.. Gel 1esNrsnti -- -- iaalel)i FaM,{ty'artlwrsA{O 0100�0 1P.0. Men 11a1 switAc 20 Sato No Lot �Motof o OM Nall Castle. PA 16101-I463 _ AW I w.Ttlel uAr y{AIAtf; TfM a rasa �. 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EIrfIF1G►TEMOIaSR Atallldt.� amOntL""s CANCIUATIOM mwaosma nit aeow wmaworoupq Mewatato n aN vm City of Tamarac ""01t"`n"*Mo."Millumcowwff%ULO AMUTOMA 7525 NU With Avenue - - • ►� bh•eatoffr+TtfMaatRwar.orofTfeanT. Tamarac, FL 33321 'a' •' >e tNa tuoM voter swumt A o�fttna. oR trittln P AMlf+e•Pvf.f• eer,r.. w A�an.oaatnntaTwn.ta �laulptlae■rn+1! �f N. 3a�s ,)oral. C>t/:1AN ZOO/Z00d 629'ON 96£ihZL17S6 F SAdOM38I3 11139WUZ iS=ii Z0i6iiZO A.M. Best's Rating for Gulf Insurance Company 1 Page 1 of 1 'Ratings as of 212510211:13:04 AM E.S.T. or purchase the complete Best's Company Report for in-depth analysis. Rating Category (Superior): Assigned to companies which have, on balance, superior financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Company. These companies, in our opinion, have a very strong ability to meet their ongoing obligations to policyholders. Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's financial strength, operating performance and market profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractual obligations. (Best's Ratings are proprietary and may not be reproduced without permission from A.M. Best.) The rating symbols "A++", "A+", "A", "A-', "B++", and "B+" are registered certification marks of the A.M. Best Company, Inc. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+) companies. This special emblem displays their rating and category (Superior, Excellent, or Very Good), helping you discern industry leaders at a glance. Insurance Companies interested in placing a Best's Security Icon on their web site are required to register online. Copyright © 2002 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this report may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. http://www3.ambest.com/ratings/rating.asp?AMEBNum=0245 I&Refnum=02451 &Site=rating,... 2/25/02 Temp. Reso. #9684 "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. 2.a. The Company agrees to deliver equipment to the City on July 3, 2002, to furnish sufficient trained personnel to present a display, and to present such display on the date of July 4, 2002. The City agrees to pay the cost of $25,000.00 for such display upon successful completion of the display. In the event of rain, the rain date will be July 6, 2002. 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, dMC, City Clerk Date: 3kilo I---- A T: rporate Secreta CONSTANCE 3, -Z LLI Type Name of Corporate Secretary (CORPORATE SEAL) CITY OF TAMARAC By: oe Schreiber, Mayor Date: 2 //_Fbo ).- 4 / a4, ip Jeffrey iller, City Manager Date: 8 _ 19- © 2 rove as to form and legal S icie y 2Z/f/0L__ 1 . chell S. Kraft, City A orney ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC. George Zambelli, President