HomeMy WebLinkAboutReso 2005-794
RESOLUTION NO. 2005-M
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE AGREEMENT
WITH ZAMBELLI FIREWORKS INTERNATIONALE TO PROVIDE
THE FIREWORKS DISPLAY FOR THE CITY ANNIVERSARY EVENT
ON SATURDAY, JUNE 18, 2005, IN AN AMOUNT NOT TO EXCEED
TWENTY-SIX THOUSAND DOLLARS ($26,000.00), ATTACHED
HERETO AS EXHmIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach desires to have a fireworks display at the
annual City anniversary event on Saturday, June 18, 2005; and
WHEREAS, Zambelli Fireworks Intemationale provided a quote of $25,000.00
(including the barge), plus water related costs and permit fees, in an amount not to exceed
$26,000.00; and
WHEREAS, this fireworks display necessitates the use of a barge in the ocean which
Zambelli is able to secure with short notice along with the required Coast Guard permit as they
have worked in the Sunny Isles Beach area in the past.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the agreement
with Zambelli Fireworks Intemationale for the fireworks display on Saturday, June 18, 2005 in
an amount not to exceed $26,000.00.
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 12th day of May, 2005.
R2005- Agmt w/Zambelli for Fireworks Display 1
5/10/05 -- 2:36 PM
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, Jane A. Hines, City-Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
,&4. 11. .31;:
yLynn M. Dannheisser,
Vote: 5-0
Mayor Norman S. Edelcup
Vice Mayor Lewis J. Thaler
Commissioner Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias
R2005- Agmt w/Zambelli for Fireworks Display 2
5/10/05 -- 2:35 PM
Moved by: CD~J~.l~~ G;oObmfk.)
Seconded by: U~\~DA)Etl .IGL.ZS/~
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CITY OF SUNNY ISLES BEACH
ZAMBELLI FIREWORKS AGREEMENT
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THIS AGREEMENT ("Agreement") entered into this J 2 ~ day of YY\~ 2005, by
and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City"), a municipal
corporation of the State of Florida, and Zambelli Fireworks Manufacturing Corporation, a Pennsylvania
corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, the City is in need of a contractor to provide fireworks to be exhibited for the City's
eighth anniversary celebration ("Services"); and
WHEREAS, the City solicited bids from at least three businesses engaged in the business of providing
the Services, and the Contractor, under the time constraints, was the only responsive and responsible provider
for said Services; and
WHEREAS, the City desires to contract with Contractor to provide the Services described in Exhibit
"A", attached hereto and made a part hereof; and
WHEREAS, Contractor is qualified, willing and able to provide the desired Services subject to the
terms and conditions contained herein.
TERMS
NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the
parties agree as follows:
I. RECITALS: The recitals set forth above are hereby incorporated into this Agreement and made a
part hereof.
2. SERVICES: Contractor agrees to furnish all labor and materials in a good and workmanlike and
professional manner and to perform the Services designated in Exhibit "A" attached hereto, which is
incorporated herein by reference. The Services described in Exhibit "A" shall be performed by Contractor to
the full satisfaction of the City.
Contractor agrees to have a qualified representative to audit and inspect the Services provided on a
regular basis to ensure all Services are being performed in accordance with Exhibit "A" and shall report to the
City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor will require
its employees to perform their work in a manner befitting the type and scope of work to be performed. In the
event that the Contractor fails to complete performance pursuant to the terms of this contract and City must
undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs
incurred with respect to the completion of those Services and any damages the City may suffer as a result of
the failure of performance by Contractor.
3. COMPENSATION: Payment to Contractor for all charges under this Agreement shall be in
accordance with this Agreement and a schedule of charges or tasks reflected in Exhibit "B". The total
amount of compensation payable by the City to the Contractor shall be an amount not to exceed
$26,000.00. The Contractor shall make no other charges to the City for supplies, labor, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the
prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of
the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement
with Contractor.
4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered during
the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30)
days written notice to contractor. Upon termination, the City may re-bid the project if the contractor fails to
perform under this Agreement due to the undisclosed conditions.
5. INSURANCE: Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure and maintain the following minimum insurance coverage to
protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents,
contractors or employees, as more particularly set forth below:
General liability insurance, including broad form contractual liability coverage for bodily
injury and property damage liability with limits of One Million Dollars ($1,000,000) combined
single limit occurrence.
Such insurance shall not diminish CC'ntractors indemnification obligations hereunder. The insurance
policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are
acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain.
Prior to the execution of this Agreement, and at any time upon request, Contractor shall furnish to the
City certificates of insurance evidencing the minimum required coverage and appropriately endorsed
for contractual liability with the City named as an additional insured. All policies shall contain a waiver
of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies
acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance
shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written
notice to the City's Risk Management Department. The City reserves the right from time to time to change the
insurance coverage and limits of liability required to be maintained by Contractor hereunder.
6. OWNERSHIP OF DOCUMENTS: The parties agree that all documentation and work product
produced pursuant to this Agreement shall become the exclusive property of the City.
7. RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement
shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship
between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to
have entire charge, control and supervision of the work to be performed hereunder.
7. COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances
of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement
("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and
consents necessary for the lawful conduct of the activities contemplated under this Agreement.
Page 2
Zambelli Fireworks Agreement
Specifically, Contractors shall comply with all applicable conflict of interest provisions as provided in
state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles (Section 62-16 entitled
"Ethics in Public Contracting." As provided in Section 62-16, Code of the City of Sunny Isles, the City
Commission may terminate this Contract for violation of the above-referenced ethical standards.
8. WAIVER OF LIABILITY /INDEMNITY: The City shall not in any way be answerable or
accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence
or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to
indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or
expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its
employees, arising out of (i) the performance or breach by the Contractor of its obligations under this
Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property
resulting from the performance or breach by Contractor. Contractors indemnify obligation shall extend up to
but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and
agrees not to file any mechanic's or materialman's lien against City property.
9. ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City
and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all
assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor
and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder
without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be
deemed of no legal force and effect whatsoever.
10. TERM: The term of the ContraGt shall commence upon execution, and shall terminate upon
completion of work described in Exhibit "A" or upon earlier termination as provided herein. The City shall
have the right to cancel this Agreement, at any time during the term hereof, upon thirty (30) days notice to the
Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work on the Commencement Date and continue in a diligent manner until work is
complete. Contractor acknowledges that compliance with the commencement and completion schedule is on
the essence of this Agreement. The terms of Sections 7 and 8 entitled "Compliance with Law" and "Waiver of
Liability/Indemnity," respectively, shall survive termination of this Agreement.
II. NOTICES: All notices and other communications required or permitted to be given under this
Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided
herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by
guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with
confirmation receipt (with a copy simultan~ously sent by certified or registered mail, first class postage
prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service),
addressed to such party as follows:
If to the City: Christopher J. Russo Lynn M. Dannheisser,
City Manager City Attorney
City of Sunny Isles Beach City of Sunny Isles Beach
18070 Collins Ave. 18070 Collins A venue
Sunny Isles Beach, Florida 33160. Sunny Isles Beach, Florida 33160.
Ph: 305-947-0606 Ph: 305-947-0606
Page 3
Zambelli Fireworks Agreement
If to the Contractor: Marcy Zambelli
Zambelli Fireworks Manufacturing
Corp.
Southern Region
299 NW 52 Terrace
Boca Raton, FL 33487
Ph: 800860-0955
Fax: 561-395-1799
12. GOVERNING LAW: The validity of this Agreement and the interpretation and performance
of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without
regard to principles of conflict of laws there.)f. The location of any legal action or proceeding commenced
under or pursuant to this Agreement shall be in Miami-Dade County, Florida.
13. REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor
in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure
such failure. If Contractor is unable to cure such failure to perform, then City shall receive a refund from the
Contractor in an amount equal to the actual cost of a third party to cure such failure. The City may sue for
damages in circuit court. If City fails, refuses or is unable to perform any term of this Agreement, City shall
pay for services rendered as of the date of termination.
14. ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in
the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party
shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with
reasonable attorney's fees for the anticipated cost of collection and judgment enforcement.
15. MISCELLANEOUS:
A. In the event any provision of this Agreement is found to be void and unenforceable by a court
of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the
parties with the same effect as though the void or unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which shall be
deemed an original for all purposes.
C. This Agreement shall constitme the entire agreement between the parties with respect to the
subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations,
commitments, agreements and understanding relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed by the
parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver
is in writing and signed by the party granting such waiver.
16. CONFLICTING PROVISIONS: The terms and conditions In this Agreement supersede any
other conflicting provisions that are contained in any other document.
Page 4
Zambelli Fireworks Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day
and year first written above.
WITNESSES:
CONTRACTOR:
ZAMBELLI FIREWORKS MANUFACTURING CORP.
a Pennsylvania corporation
ATTEST.
CITY OF SUNNY ISLES BEACH
~.A.~
Jane Hines, City C erk'
APP OVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: d-- 1t-->>:~
~.Lynn M. Dannheisser, ity Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 (phone)
(305) 949-3113 (fax)
Page 5
Zambelli Fireworks Agreement
Exhibit A
Scope of Senices
Contractor shall:
1. Sell, furnish, deliver, exhibit large aerial fireworks display for the City on June 18, 2005,
("Display Date") for its eighth anniversary celebration in a manner further provided on pages 2
and 3 to this exhibit.
2. In the event that the Display Date is postponed, then Contractor shall sell, furnish, deliver, exhibit
and display a large aerial fireworks to be exhibited on June 25, 2005 ("Postponement Date").
3. Contractor shall provide sufficient trained personnel.
4. Obtain a barge for display of fireworks in the water off of the City of Sunny Isles coastal waters.
City shall:
1. Furnish the necessary Police and fire protection for the display area.
2. Work with Contractor to secure all Police, Local and State Permits.
3. Prior to, during and immediately following the display be solely responsible to keep all persons
except for Contractors' employees, out of the designated danger areas and behind safety zone
lines and limits.
The Parties mutually agree:
1. Contractor reserves the exclusive right to make minor modifications and substitutions provided
that such changes are reasonable and necessary and do not materially adversely affect price, time
of delivery, functional character or display performance.
2. If the location of the firing site, spectator's location, parking areas or structures is deemed
unsuitable or unsafe in the discretion of Contractor or its agents or personnel, Contractor may
refuse to fire the display until conditions are corrected. If such conditions are not corrected,
Contractor may cancel the display without further liability to the Client for such cancellation.
Additional Services
If the need for additional work or changes under this Agreement is identified by Contractor during the course
of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in
a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for
approval by the City. No such additional work shall be done or paid for without the specific prior written
approval of the City.
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IN'rERNATIONALE
18TH OF June FIREWORKS DISPLAY
Lighting Up the Night
for the City of Sunny Isles Beach
Sunny Isles Beach, Florida
Your Schedule of SlJectacular Services
Your Show Date: June 18, 2005
Your All-Inclusive Program Budget: See attached proposal
Insurance Uablllty Coverage: $1 Million Dollars to cover the Fireworks
Display.
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1\ \\~ Transportation Liability Coverage: $5 Million as required by United States
OepanrnentofTransportation.
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~~I~ Worker's CompensatIon: Pyrotechnieians will meet all of the requirements of
the Worker's Compensation Laws of the State of Florida.
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111.1~ License & Permits: Zambelli Intemat10nale will obtain all required loca/.
county and state fireworks permits and approvals.
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~<<,~ Transportation: Fireworks and equipment will be delivered by qualified drivers
as required by US DOT.
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~<<\~ Personnel: Certified Pyrotechniclans and TraIned Assistants.
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~ftl~ References: See Imagination on Display.
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Safety Procedures: Zambellllnternationale adheres to all safety regulations.
NFPA , 123 code will be strictly enforced.
Minority Status: Zambelli Fireworks Is a Women Owned end Operated
Business and has applied for WBENC Certification.
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INTERNATIONAL.E
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Aerial Shells, Low LeveVSpecial Effects
_Close Proximity Effects Indoor Effects and
Ground Displays
LARGE AERIAL FIREWORKS DISPLAY:
An Aerial Fireworks display exhibits Chrysanthemums, Peonies, Saturn
Shells, Palm Trees and a wide variety of specialty patterns and colors
creating ill spectacle of light, color and sound.
The two types of aerial shells - cylindrical and spherical - commonly mn in
sizes such 8S 3", 4", 5", 6", 8", 12", 16''. and 24", though even larger shel!$,
such as five-footers (in length), have been created for special o~casions.
A sheD is measured by its diameters. not by its circumference.
Aerial shela are slid snugly into monars, where they'J"C propelled by a lift
charge to burst high in the air at 200 to 1200 feet.
These displays need a firing site lQC!ltion to follow the NFP A code which
states you must be 70 feet per inch from all people. buildin& heavily tree
areas, cars, etc. TIlcse fall areas ranges from approximate 210 feet to 1200 feet
radius.
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BUDGET:
Barge: $15,000.00 plus water related costs
Fireworks: $10,000.00 - $15,000.00-10 Minules
ll. LOW LEVEL I SPECIAL EFFECTS:
-....-
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Exhibit B
Compensation
. Contract amount: $25,000.00, plus water related costs and permit fees.
. Fifty percent (50%) is due upon the execution of the Agreement and the balance due at noon on last
display date.
. Payments shall be made by Draft or Certified Check made payable to Zambelli's Fireworks
Manufacturing Corporation, unless otherwise authorized in writing by Contractor's contact person.
. It is agreed and understood by the parties hereto that in the event fireworks have been taken out and set
up before inclement weather and with adequate weather prevailing, such exhibition of fireworks will
be carried out in the best possible manner without any deductions from the before named
compensations. Should inclement weather prevent firing of said display on the aforementioned Display
Date, then it will be understood that program is postponed and will be fired on the aforementioned
Postponement Date, and there will be a charge to cover the cost of postponement is 20% plus permits
and firewatch fees. If there is no alternate date and the program is not fired on the aforementioned
Display Date, then it will be understood the program is cancelled and there will be a charge to cover
the cost of cancellation, which is fifty percent (50%) plus permits and firewatch fees.
Nrvr CityOf Sunny Isles Beach City Commission
s° rtes Norman S.Edelcup,.Mayor
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Lewis Thaler, ViceMayor
18070 Collins Avenue
SSunny y Isles Beach, Florida 33160 Roslyn Dream,Commissioner
y Gerry Goodman,Cssi e
Danny Iglesias,Commissioner
(305) 947-0606 City Hall
_ Christopher J.Russo,City Manager
4e *FL on`o (305) 949-3113 Fax Lynn M.Dannheisser,City Attorney
or :ux �r Jane 4.11ines,Ggy Clerk
MEMORANDUM
To: The Honorable Mayor and City Commission
From: Susan Simpson, Cultural & Human Services Direct
Date: May 12, 2005
Re: APPROVAL OF AGREEMENT WITH ZAMBELLI FIREWORKS
INTERNATIONALE FOR A FIREWORKS DISPLAY
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution to approve the
agreement with Zambelli Fireworks Internationale to provide a fireworks display for the City
anniversary event on Saturday, June 18, 2005 in an amount of$25,000.00.
REASONS:
The City Commission has expressed a desire to provide a fireworks display for the residents and
visitors of Sunny Isles Beach at the annual anniversary event to be held the third Saturday in
June. Due to space limitations, a fireworks display would need to be produced from a barge in
the ocean. Certain permits are required for this barge which Zambelli Fireworks Internationale is
able to secure in short notice. Zambelli has a long history of providing magnificent, quality
displays worldwide. Zambelli has worked in the City of Sunny Isles Beach in the past when they
produced the fireworks show for the millennium and therefore is familiar with the area.
ADDITIONAL INFORMATION:
Other fireworks companies were contacted and were not able to meet the needs of the City at this
time. The rain date will be set for the following Saturday, June 25, 2005 if necessary.