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HomeMy WebLinkAboutCity of Tamarac Resolution R-97-095Temp. Reso. # 7829 Rev. #1 - 04/16/97 Rev. #2 - 04/22/97 CITY OF TAMARAC RESOLUTION NO. R-97-�5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A CONTRACT WITH ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC. TO PROVIDE AN ELECTRONIC FIREWORKS DISPLAY FOR THE CITY OF TAMARAC'S ANNUAL FOURTH OF JULY CELEBRATION AT A TOTAL COST OF $25,000.00, BUDGETED UNDER THE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVEE�ABI IIY: 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, two companies submitted bids for an electronically fired fireworks display including: Zambelli Internationale Fireworks Manufacturing Company, Inc. and Pyrotecnico Fireworks; and WHEREAS, the bid submitted by Zambelli Internationale Fireworks Manufacturing Company, Inc. is the lowest fully responsive and responsible bidder meeting the City's needs; and WHEREAS, it is the recommendation of the Acting Parks and Recreation Director and the Purchasing/Contracts Manager that Zambelli Internationale Fireworks Manufacturing Company, Inc. be awarded the contract for fireworks display, with an option Parks/Rec-IM 1 1 1 Temp. Reso. # 7829 Rev. #1 - 04/16/97 Rev. #2 - 04/22/97 to renew for three additional years in one year increments; 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 Zambelli Internationale Fireworks Manufacturing Company, Inc. for a fireworks display on July 4, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE 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. Section 2: The City of Tamarac award the contract for the fireworks display to Zambelli Internationale Fireworks Manufacturing Company, Inc., with an option to renew for three additional years in one year increments. Section 3: The appropriate City officials are hereby authorized to execute an Agreement between the City of Tamarac and Zambelli Internationale Fireworks Manufacturing Company, Inc. for the City of Tamarac fireworks display. (Attached hereto as Exhibit 1) a ction 3: The 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 Parks/Rec-IZS 11 1 1 Temp. Reso. # 7829 Rev. #1 - 04/16/97 Rev. #2 - 04/22/97 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 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 /I ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. CITY ATTORNEY Day of /LIA Y 1997. 1; JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR D1ST ts o .'o.Y'r..... DIST , DIST 3: wrimi DIST 4: Cowr.a . Xo6F,47! � Parks/Rec-ES 'R,g1.1S • C • Exhibit 1 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 Ma , 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, 1997 , 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; 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 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 services by the Company and the payment of those services by the City as set forth below: 0517 1 OR_Qq -qs • �J Section 1: The 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. Section 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. Spgtion 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. 0517 Seqt1ga 4: The Company shall be responsible for all cleanup after the completion 2 R.91-gam 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. 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 40 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 0517 3 'R,gI'q15, insurance for City approval. Such certificates shall be approved by the City. ALL INSURANCE COMPANIES PROVIDED SHOULD: Be rated at least A+ VI 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. Section 8: (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 0517 4 R.I,.9e 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. tin : 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. 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 0517 5 A-47- 9r • C� J 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. 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 15: 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 0 Company and the City, and negotiations and oral understandings between the parties are 0517 G IR.Q7-9s 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: CITY City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321-2401 COMPANY With a Copy to: 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 ,ii or enforceability of such provisions in any other jurisdiction. Also, the non -enforcement of 0517 r� • 0 • 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 OF 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. ATTEST: Carol Evans, City Clerk Date: May 14, 1997_ 0517 CITY OF TAMARAC BF Y• Joe Schreiber, Mayor Date: May 14, 1997 r� Robert S. Noe, Jr. City M ager Date: May 14, 1997 Appro ed as to form and legal su ency: B: chell S. Kraft C y Attorney 2�g 7-yak • • • AGREEMENT BETWEEN THE CITY OF TAMARAC ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC. FOR THE CITY OF TAMARAC'S FIREWORKS DISPLAY ATTEST: Corpora S e6r4tary Constance J. Zambelli Type name of Corporate Secretary (CORPORATE SEAL) •KA-0 President George Zambelli 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 tr✓, day of /"► , My Commission Expires: Personally Known ✓ Produced Identification Did/Did Not take an Oath 0517 M Notary Public, State of Florida At Large Gary A. Trasatti Print or Type Name of Notary ;,►� �� GARY A. TRASATTI 'ry Notary Public, State of Florida x My Commission EXP. March 26,1999 No. CC448209 R -g ?:9s • C� J • 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 /9/f r , 1997. V Personally known to me 0517 Produced identification 10 NotaryPublic, State of FI da at Large Ph Ili olikoff Print or Type Name of Notary Public Commission Number & Expiration Date , J'Ay PV6 OFFICIAL NOTARY SEAL o <i PHYLLIS POLIKOFF _ *COMMISSION NUMBER ' d CC390392 Q� MY COMMISSION EXP. o' F�-O SEPT 23 1998