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HomeMy WebLinkAboutCity of Tamarac Resolution R-96-112Temp. Reso. # 7427 Revised 05/08/96 Revised 05/13/96 Revised 05/17/96 CITY OF TAMARAC RESOLUTION NO. R-96--1 L�, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A CONTRACT WITH FIREPOWER DISPLAYS UNLIMITED, INC. TO PROVIDE AN ELECTRONIC FIREWORKS DISPLAY FOR THE CITY OF TAMARAC'S ANNUAL FOURTH OF JULY CELEBRATION AT A TOTAL COST OF $17,500.00, BUDGETED UNDER THE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the interest of safety, the City of Tamarac will sponsor an all electronically fired fireworks display for the City's annual 4th of July Celebration; and WHEREAS, three companies submited proposals for an electronically fired fireworks display including: Firepower Displays Unlimited, Inc., Fireworks by Grucci and Zambelli Internationale; and WHEREAS, the proposal submitted by Firepower Display Unlimited is the lowest fully responsive and responsible bidder; and WHEREAS, it is the recommendation of the Parks and Recreation Operations Manager that Firepower Displays Unlimited, Inc. be awarded the contract for fireworks display; 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 enter into a contract with Firepower Displays Unlimited, Inc.for a fireworks display on July 4, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF TAMARAC, FLORIDA; ection 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. Section 2: The appropriate City officials are hereby authorized to execute an Agreement between the City of Tamarac and Firepower Displays Unlimited, Inc. for the City of Tamarac Parks/Rec-IM 1 fireworks display. (Attached hereto as Exhibit A) Section : The funding for the fireworks is budgeted under the Parks and Recreation Department "July 4th Celebration" in the amount of $17,500.00. ,gection 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section : 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 of application, it shall not affect the validity of the remaining portions or applications of this resolution. Section 6: This resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this V Day of 1011996. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form, MITCHELL S. KRA CITY ATTORNEY NORMAN ABRAMOWIT. ►14 • : MAYOR DIST. 1: DIST. 2: DIST. 3: DIST. 4: RECORD OF COMMISSION VOTE Parks/Rec-IZS AGREEMENT BETWEEN THE CITY OF TAMARAC AND FIREPOWER DISPLAYS UNLIMITED, INC. FOR THE CITY OF TAMARAC'S FIREWORKS DISPLAY THIS AGREEMENT made and entered into this 4 day of A0'V by and between the City of Tamarac, Florida, (hereinafter referred to as City,) and Firepower Displays Unlimited, Inc., (hereinafter referred to as the Company.) WHEREAS, on April 12, 1996, 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. 96- 02, a contract to provide a fireworks display for the July 4, 1996 celebration in Tamarac, 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, 1996 fireworks display and; WHEREAS, the parties agree that it is the intention of each to make the terms, 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 professional services by the Company and the payment of those services by the City as set forth below: SeQtion 1: The proposal submitted by the Company, Bid No. 96-02, for the fireworks display on July 4,1996, in Tamarac, as more particularly described in said bid 0517 1 EXHI BIT proposal, a copy of which is attached hereto as "Exhibit A", is incorporated herein by specific reference, and that each a agrees to be bound to each other b the terms p party 9 Y specifications and conditions contained therein, except as otherwise expressly amended or modified herein. Section 2• The Company agrees to deliver equipment to the City on July 3, 1996, to furnish sufficient trained personnel to present a display, and to present such display on the display date of July 4, 1996. The City agrees to pay the cost of $17,500.00 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. Section 4: The Company shall be responsible for all cleanup after the completion 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 40 0517 2 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. Section 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 insurance for City approval. Such certificates shall be approved by the City. 0517 3 ALL INSURANCE COMPANIES PROVIDED SHOULD: Be rated at least A+ VII g per Best's KeyRating 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. Sgrglic7; In performing its professional 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. • 1:3# (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 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. 0 0517 4 4, 56, - i / ---- • C� • (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. Suction 9: The Company agrees that in the event of inclement weather on the display date, July 4, 1996, 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, 1996 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. 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. Section 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 pay all such costs and expenses including, but not limited to, court or other action costs, interest, and reasonable attorney's fees. 0517 4w • r� u is 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. Section 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. Section 15s This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. Sectioo 10: This Agreement constitutes the entire Agreement between the Company and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by written document executed by both the Company and the City. 0517 [:I • • • 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 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 Gary Avins (President) Firepower Displays Unlimited, Inc. P. 0. Box 4085 14240 SW 256 Street Princeton, FL 33032 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 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. 0517 7 IN WITNESS WHEREOF, the parties have made and executed this Service Agreement for OFirepower Displays Unlimited, Inc. on the respective dates under each signature. CITY OF TAMARAC, though its Mayor, City Manager, City Attorney and City Clerk, signing by and through C them duly authorized to execute same. ATTEST: Carol Evans, City Clerk Date: 5-' --F 9 CITY OF TAMARAC By: q 0 Norman Abramowitz, Mayod Date:���_ Robert S. Noe, Jr., City Ma ager Date: J�(a Approved as to form and legal sufficiency: In Mitchell S rney Parks/Rec-IZ5 C7 • 0 STATE OF FLORIDA ss: Acknowledgement of City of Tamarac COUNTY OF BROWARD ) BEFORE ME, the undersigned authority this day personally appeared Norman Abramowitz, 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 purpose therein expressed with due authority in that behalf from the City Commission of 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 22 day of MU, 1996. ' jNl!!!l11111111.'!!llll Nlllllllll!lllllllll11 AAWV >K p1*pY A Karen Jackson t� Notary Public, State of Florida , Commission No. CC 539151 ;t 'E or An° My Commission Expires 05/14i00 ; t Z 141W3-WMARY . M Notuy Service k Bonding Co. �i)�11U)11)1�11)111)))1)1�1»ll)111111yYA�)?))1111 Personally known to me Produced identification Notary Public, Sta&Wof Florida at Large Karen Jackson Print or Type Name of Notary Public Commission Number & Expiration Date AGREEMENT BETWEEN THE CITY OF TAMARAC AND FIREPOWER DISPLAYS UNLIMITED, INC. FOR THE CITY OF TAMARAC'S FIREWORKS DISPLAY Gary Avins Type name of Corporate Secretary (CORPORATE SEAL) x �itil A I Je\ k',l►A Gay Avins Type name of President STATE CF FLORIDA COUNTY OF Before me personally appeared,A��( AEI �1J , 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 (Mil , My Commission Expires: Pe*Identificatioon nown Pr Didake an ath 0 0517 Notary , State of Florida At Large Print or Type Name of Notary OFFICIAL NOTARY SEAL CHERYL A LORIE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC313001 MY COMMISSION EXP. SEPT 6,1997 E • �J MEMBER EXHIBIT A V111FLID101VVIVIL) 1U11%11D1LA7v% SPEC TA CUL A R CUSTOM FIREWORKS DISPLAYS & SPECIAL I'X Creatively Designed For Any Special Occasion STRICTLYELECTRONICt1LLYFIRED DISPLAYS Federally Licensed Certified & Fully Insured PROPOSAL FOR SPECTACULAR FIREWORKS DISPLAY Sponsors City of Tamarac Date of Display July 4, 1996 Location Tamarac Sports Complex, 9901 N.W. 77th Street Time 9:00apm Duration 20-25 minutes Show Price $17,500.00 Description See page two MEMBER P.O. BOX 4085 • Princeton, FL 33032 Tel: (305)258-1110 - Fax: (305)258-5580 WAREHOUSE & SHIPPING: THE ULTIMATE IN `* SPECIALIZING IN: 14240 S.W. 256 St. - Princeton, FL 33032 FIREWORKS ENTERTAINMENT Caribbean, Central & South America Shows • Opening CITY OF TAMARAC DISPLAY DESCRIPTION 2,450 - 1 "to 1 1/2" - Assorted Color, Special Effect and Reports 200-3" - Fancy Star Shells, Assorted Peonies, Chrysanthemums, Flash and Titanium Salutes, Special Effect Shells 36-4" - Fancy Star Shells, Assorted Peonies, Chrysanthemums, Flash and Titanium Salutes, Special Effect Shells 16-5" - Fancy Star Shells, Assorted Peonies, Chrysanthemums 8-6" - Fancy Star Shells, Assorted Peonies, Chrysanthemums Body of Show 300-3"- Fancy Star Shells, Assorted Peonies, Chrysanthemums, Flash and Titanium Salutes, Special Effect Shells 252-4" - Assorted Extra Fancy Star Shells, Special Effect Shells, Flash and Titanium Salutes w/Tails, Assorted Tiger Tails, Multibreak Special Effect Shells, Magnesiums, Crossettes, Spiderwebs, Tourbillions, Whistles, Meteors, Screaming Dragons, Mines 120-5" - Exhibition Grade Brilliant Color and Special Effects, Assorted Extra Fancy Star Shells, Special Effect Shells w/Tails and Colors, Assorted Tiger Tails, Multibreak Special Effect Shells, Magnesiums, Palm Trees, Crossettes, Spiderwebs, Tourbillions, Whistles, Split Comets, Willows, Ringshells, Screaming Dragons, Mines 120-6" - Exhibition Grade Brilliant Color and Special Effects, Assorted Extra Fancy Star Shells, Special Effect Shells w/Tails and Colors, Assorted Tiger Tails, Multibreak Special Effect Shells, Magnesiums, Palm Trees, Crossettes, Spiderwebs, Tourbillions, Split Comets, Willows 40-8" - Competition Quality Three and Four Color Changing Chrysanthemums, Silver and Gold Palm Trees, Exhibition Grade Brillant Color and Special Effects r� J le-2- ;��- City of Tamarac Continued 10 Grand Finale C� E 4,000 - 1" to 1 1/2" - Assorted Color, Special Effect and Reports 500-3"- Fancy Star Shells, Assorted Color Peonies with Rising Tail, Chrysanthemums, Flash and Titanium Salutes with Tails 72-4" - Assorted Extra Fancy Star Shells, Special Effect Shells, Flash and Titanium Salutes w/Tails, Assorted Color Peonies with Rising Tail, Chrysanthemums 24-5" - Exhibition Grade Brilliant Color and Special Effects, Assorted Extra Fancy Star Shells, Special Effect Shells w/Tails and Colors, Assorted Tiger Tails, Multibreak Special Effect Shells, Magnesiums, Palm Trees, Crossettes, Spiderwebs, Tourbillions, Whistles, Split Comets, Willows, Ringshells, Screaming Dragons, Mines 24-6" - Exhibition Grade Brilliant Color and Special Effects, Assorted Extra Fancy Star Shells, Special Effect Shells w/Tails and Colors, Assorted Tiger Tails, Multibreak Special Effect Shells, Magnesiums, Palm Trees, Crossettes, Spiderwebs, Tourbillions, Split Comets, Willows' 4-8" - Exhibition Grade Brilliant Color and Special Effects, Assorted Extra Fancy Star Shells, Special Effect Shells w/Tails and Colors, Assorted Tiger Tails, Multibreak Special Effect Shells, Magnesiums, Palm Trees, Crossettes, Spiderwebs, Tourbillions, Split Comets, Willows BID PROPOSAL: FIREWORKS DISPLAY 96 BID #96-2 SUBMITTED BY: Bidders Company Name: Firepower Displays Unlimited, Inc. Address: P.O. Box 4085, 14240 S.W. 256th Street City: Princeton State: FL -_ Zip: iio3z Telephone: job) M-1i1oFAX:. m) 25s-.55so TERMS: 0 % (PERCENT) DAYS: 2% 10 Net 30 Delivery: calendar days after receipt of Purchase Order BONDING: A cash bid guaranty or approved bid bond of �0 % (percent) of bid quote is required and shall be submitted with your Bid Proposal. Additional bonding may be required in the Special Terms and Conditions of this invitation. The Bonding must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. NOTE: To be considered eligible for award, one (1) 0$1GINAL COPY OF THIS BID PROPOSAL FORM must be submitted with the Bidders' proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Proposal Form to avoid removal of Bidder from the City of Tamaracs' vendor listing. 0 • rI 0 BID CERTIFICATION: The undersigned hereby confirms that: 1. He/she is a duly authorized agent of the Bidder; BY: 2. He/she has read the General Terms and Conditions, the Special Conditions and any Technical Specifications which were made available to the Bidder in conjunction with the Bid and fully understands and accepts these terms unless specific variations have been expressly listed on the Bid Proposal Form; 3. The Bidder will accept any awards made to it as a result of the Invitation for a minimum of sixty (60) calendar days following the date and time of the bid opening. DATE:, 4/11196 ,TURE OF AGENT _ GaryAvins TYPED/PRINTED NAME OF AGENT President. TITLE OF AGENT NOTE: Bid proposals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. • • rI Bidders Name: Firepower Displays Unlimited, Inc. Variations: The Bidder shall identify all variations and exceptions taken to the General Terms and Conditions, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidders Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Section Variance Section Variance Section Variance Section Variance Attach additional sheets if necessary.