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
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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,gection 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed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
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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
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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
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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.
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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.
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(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.
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(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.
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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.
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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:
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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.
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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
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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
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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 ;
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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
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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
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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
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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
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City of Tamarac Continued
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Grand Finale
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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.
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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.
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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.