HomeMy WebLinkAboutCity of Tamarac Resolution R-98-116[J
Temp. Reso. #8138
Rev. # 1 — 04/14/98
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 98 -_
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 OPTION TO RENEW FOR 1998 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 97-14B
to Zambelli Internationale Fireworks Manufacturing Company, Inc., for an electronically
fired fireworks display for the July 4, 1997 celebration in Tamarac; and
WHEREAS, The original Agreement provides for a renewal option for three (3)
additional one year extension periods at a cost of $25,000.00, with this being the first year
of the three-year renewal option; and
WHEREAS, available funds exist in the Parks and Recreation Operating Fund
budget for said purpose; and
WHEREAS, Zambelli Internationale Fireworks Manufacturing Company, Inc. has
agreed to an option to renew for three years in one year increments at an annual cost of
$25,000.00 in Agreement, (Attached hereto as Exhibit 1), which is a 0% increase; and
WHEREAS, it is the recommendation of the Purchasing and Contracts Manager
Parks & Rec-IZ5
Temp. Reso. #8138
Rev. # 1 — 04/14/98
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and the Parks and Recreation Director that the Agreement be extended for one year to
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 amend
Agreement between City of Tamarac to exercise option to renew for year 1998.
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: That the appropriate City officials are hereby authorized to execute
amendment to Agreement for the purchase of fireworks to be held on July 4, 1998, to
Zambelli Internationale Fireworks Manufacturing Company, Inc., a copy of which is
attached hereto as "Exhibit 2"
Section 3: That funding for the fireworks is budgeted under the Parks and
Recreation Department "July 4th Celebration" in the amount of $25,000.00.
Section 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: 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.
Parks & Rec-IZS
Temp. Reso. #8138
Rev. # 1 — 04/14/98
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Section 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of May, 1998.
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ATTEST:
&'t�J4�z
CAROL G D, CMC/AAE
CITY GtERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to
form.
la'
S
MITCHELL S. RA T
CITY ATTORNEY
RECORD OF COMMISSI N VOTE
MAYOR SCHREIBER
DIST 1: COMM. M`KAYE
DIST 2: V/M MISHKIN
DIST 3: COMM. SULTANOF
DI 'T d• COMNi. R08ER1"S
Parks & Rec-IZS
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Exhibit 1
TR 8138
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC.
FOR THE CITY OF TAMARAC'S FIREWORKS DISPLAY
THIS AGREEMENT made and entered into this 14 day of pja
1997, by and between the City of Tamarac, Florida, (hereinafter referred to as City,) and
Zambelli Internationale Fireworks Manufacturing Company, Inc., (hereinafter referred to
as the Company.)
WHEREAS, on may 14. 129__, the City Commission of the City of Tamarac
awarded to the Company, on the basis of a bid proposal submitted to the City, Bid No. 97-
14B, a contract to provide a fireworks display for the July 4, 1997 celebration in Tamarac,
with an option to renew for three additional years in one year increments;
Y ,and,
WHEREAS, this Agreement makes, and is intended to make the terms,
specifications and conditions of that bid proposal a formal contract between the City and
the company as they relate to the July 4, 1997 fireworks display and;
WHEREAS, the parties agree that it is the intention of each to make the temps,
specifications and conditions of said bid proposal, as herein amended, a formal contract;
NOW THEREFORE, the City and the Company, in consideration of their mutual
covenants herein, agree in respect of the performance of services by the Company and
the payment of those services by the City as set forth below:
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�L: .. he proposal submitted by the Company, Bid No. 97-14B, for the
fireworks display on July 4,1997, in Tamarac, as more particularly described in said bid
proposal, a copy of which is attached hereto as "Exhibit A", is incorporated herein by
specific reference, and that each party agrees to be bound to each other by the terms,
specifications and conditions contained therein, except as otherwise expressly amended
or modified herein.
ection 2: The Company agrees to deliver equipment to the City on July 3, 1997,
to furnish sufficient trained personnel to present a display, and to present such display on
the date of July 4, 1997. The City agrees to pay the cost of $25,000.00 for such display
upon successful completion of the display.
Section 3: This Agreement may be terminated by City or the Company for cause
or by the City for convenience, upon thirty (30) days written notice by the terminating party
to the other party of such termination in which event the Company shall be paid its
compensation for services performed to termination date including services reasonably
related to termination. In the event the Company abandons this Agreement or causes it
to be terminated, it shall indemnify the city against loss pertaining to this termination.
Default by the Company: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City should the Company 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 thirty (30) days after
receipt, by the Company, of written notice of such neglect or failure.
Sectign4: The Company shall be responsible for all cleanup after the completion 0
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of the fireworks display. This shall include all fired and unfired shells, as well as electric
matches. If the Company fails to remove any of the debris remaining from the display, the
Company shall reimburse the City for the cost of cleanup equivalent to any hourly rate paid
by the Parks and Recreation Department for this cleanup. In addition, if any damage due
to fire is caused as a result of a failure by the Company to_ remove any incendiary
materials, the Company shall reimburse the City for all costs related to this damage or
extinguishment of these fires.
ion 5: The Company agrees that he or she will, in the performance of work
and services under this Agreement, 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 Company, its employees, agents or consultants, if any, with
. respect to the work and services described herein.
Section 6_ The Company shall maintain in full force and effect during the life of
the Agreement, Automobile and General Liability Insurance of not less than Two Million
Dollars ($2,000,000.00) and Workers' Compensation insurance covering all employees in
performance of work under the contract. The Company shall make this same requirement
of any of its subcontractors.
The Company shall indemnify and save the City harmless from any damage
resulting to them for failure of the Company to take out or maintain such insurance.
Neither the Company nor any subcontractor shall commence work under this
Agreement until they have obtained all insurance required under this section and have
supplied City with evidence of such coverage in the form of a Certificate of Insurance and
endorsement. The Company shall be responsible for delivery to the city the certificate of
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insurance or f 0
City approval.
Such certificates shall be approved by the City.
ALL INSURANCE COMPANIES PROVIDED SHOULD:
Be rated at least A+ VII per Best's Key Rating Guide;
Be licensed to do business in Florida.
All policies should be Occurrence not Claims Made Forms.
The Company shall name the City as an additional insured on its general liability insurance.
The Company shall require insurance companies providing coverage to give City thirty (30)
days written notice of the Company's intent to cancel or terminate policy. The Company's
insurance shall be primary.
Section 7: In performing its services hereunder, the Company will use that degree
of care and skill ordinarily exercised, under similar circumstances, by reputable members
of its profession practicing in the same or similar locality.
(a) The Company shall indemnify and save the City harmless from and against
any and all claims, suits, actions, damages and causes of action arising out of this
Agreement arising from the Company's negligent performance of this Agreement, as
measured against the standard of performance described in Section 6 above, and from
and against all reasonable costs, counsel fees, expenses, liabilities, judgements and
decrees incurred in, or arising out of, such negligence, or the defense of any action or
proceeding brought on them, and from and against any order, judgments, or decrees which
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may be entered as a result of such negligence. The covenants and representations
relating to this indemnification provision shall serve the term of this Agreement and
continue in full force and effect as to the Company's responsibility to indemnify City.
(b) It is specifically understood and agreed that the consideration inuring to the
Company for the execution of this Agreement are the promises, payments, covenants,
rights and responsibilities contained herein.
(c) This indemnity 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.
Section 9: The Company agrees that in the event of inclement weather on the
display date, July 4, 1997, the Company shall consult with and obtain the consent of the
City's representatives, who will be present at the site of the display, prior to any decision
being made to postpone the fireworks display. In the event the fireworks display must be
canceled due to inclement weather, the Company agrees to provide the fireworks display
on July 5, 1997 at 9:00 p.m., at the same location as provided for in the Company's bid,
and on the same terms and conditions contained therein.
Section 10: In the event that this contract is the subject of litigation between the
Company and the City, the parties hereto agree that this contract shall be construed
according to the laws of the State of Florida and venue of such litigation shall be in
Broward County.
$Qgtion 11: If the City or the Company incurs any expense in enforcing the terms
of this agreement, whether suit can be brought or not, the nonprevailing party agrees to
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pay all such costs and expenses including, but not limited to, court or other action costs,
interest, and reasonable attorney's fees.
Section 12 The Company is an independent contractor under this Agreement.
Personal services provided by the Company shall be by employees of the Company and
subject to supervision by the Company, and not as officers, employees, or agents of the
City. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the Company.
Section 13 News releases, publicity releases, or advertisements pertaining to this
fireworks display will not be made without prior City approval, and then only in coordination
with the Community Development department. •
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$action 14: This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstance, by the Company without
prior written consent of the City. This Agreement or any portion thereof, may not be
subcontracted without prior written consent of the City.
ection 151 This Agreement shall bind, and the benefits thereof shall inure to the
respective parties hereto, their legal representatives, executors, administrators, successors
and assigns.
Section 16' This Agreement constitutes the entire Agreement between the
Company and the City, and negotiations and oral understan
dings between the parties are
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merged herein. This Agreement can be supplemented and/or amended only by written
document executed by both the Company and the City.
Section 17: Whenever either party desires to give notice unto 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 place last specified, and
the places for giving of notice shall remain such until they shall have been changed by
written notice in compliance with the provisions of this paragraph. For the present, the
parties designate the following as the respective places for giving of notice, to wit:
0
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
K01 X ... _.
Director of Community Development
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
City Attorney
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321-2401
George Zambelli (President)
Zambelli Internationale Fireworks Manufacturing Company, Inc.
P. O. Box 1463
New Castle, PA 16103
Section 18 Any provision in this Agreement that is prohibited or unenforceable in
any jurisdiction shall, as to jurisdiction, be ineffective to the extent of such prohibition or
unenforcability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. Also, the non -enforcement of
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any provision by either party shall not constitute a waiver of that provision nor shall it affect
the enforceability of that provision of the remainder of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature. CITY�017 TAMARAC, through
its City Manager and its City Commission signing by and through its Mayor, City Manager,
City Attorney and City Clerk, signing by and through them duly authorized to execute same.
Carol Evans, City Clerk
Date: ^ May 14,_ 1997
CITY OF TAMARAC
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By: _ (�L z4e:-!�t
. 61 Joe Schreiber, Mayor
Date: May 14 1997
Robert S. Noe, Jr. City Manager
Date: May 14, 1997
as to form and legal sufficiency:
S. Kraft C y Attorney 0
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AGREEMENT BETWEEN THE CITY OF TAMARAC
ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC.
FOR THE CITY OF TAMARAC'S FIREWORKS DISPLAY
ATTEST:
�Ge
Corpora Sec ary
Constance J. Zambelli
Type name of Corporate Secretary
(CORPORATE SEAL)
COMPANY:
1 ident
Geo19k?�,
Type name of President
STATE OF FLORIDA
COUNTY OF
Before me personally appeared George R. Zambelli , to me well
known and known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he/she executed said instrument
for the purposes therein expressed.
WITNESSES my hand and official seal, this. day of N� a
Agi • 9,
My Commission Expires:
Personally Known ✓
Produced Identification
Did/Did Not take an Oath
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Notary Public, State of
Florida At Large
Gary A. Trasatti
Print or Type Name of Notary
°•L °,� GARY A. TAASA-M
Notary Public. State of Florida
? �a My Commission UP. March 20. 1999
�0OI�°� No. CC448209
.R , g 7w q,s
STATE OF FLORIDA
ss: Acknowledgment of City of Tamarac
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority this day personally appeared Joe S.
Schreiber, Mayor, and Robert S. Noe, Jr., City Manager, and acknowledged to me and
before me that they executed the above and foregoing contract for the uses and the
City of Tamarac, Broward County, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at
Tamarac, Broward County, Florida on this /g day of //A r , 1997.
V Personally known tome
Produced identification
— �e4 & &"�Zz
NotaryPublic, State of FI da at Large
Print or Type Name of Notary Public
Commission Number & Expiration Date
1�AY RUB OFFICIAL NOTARY SEAL
O <. PHYLLIS POLIKOFF
_ } * COMMISSION NUMBER
c CC390392
F �� MY COMMISSION EX1P.
O' FI.O� SEPT 23 1998
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"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 14, 1997 as follows:
SECTION 2. a.
2. a. The Company agrees to deliver equipment to
the City on July 3, 1998, to furnish sufficient
trained personnel to present a display, -and to
present such display on the date of July 4,
1998. 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 5, 1998.
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.
CITY;;a
TAMA C
Y• �
B `
yor Joe Schreiber
ATTEST:
Carol Gold, CMC/oOE
Date: /1 4 'r / 3. / 7 T F
ATTEST:
isCorporate Secr6farY67
CONSTANCE J. ZAMBELLI
Type Name of Corporate Secretary
(CORPORATE SEAL)
Date: A 13 q S
4 k rj— S� f)Zg_%e
obert S. Noe, Jr., City
Date: _ /� lJ Y t .3 /29 S'
Approved as to form and legal
su iciency:
Mitchell S. Kraft, C Attorney
ZAMBELLI INTERNATIONALE
FIREWORKS MANUFACTURING
COMPANY, INC.
George Zambelli, President
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