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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 ,ATTEST; . (j . .. "~../ ,,>'.' ,- ,1\ j A . ': ",' -;"4Jr ~ , 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/~ ~(Yes) ~(Y es) """'(Yes) V(yes) ~Yes) _(No) _(No) _(No) _(No) _(No) CITY OF SUNNY ISLES BEACH ZAMBELLI FIREWORKS AGREEMENT o ~ ~ u '" 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. / I / I / ..~ ~\~ -~~.. ~~\~' ~'::(I/!r.lo ~I~ ",!\~ .~ .:' ' . rm'* ~~~':t!l~~~! 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. r.a~- ~I~ I 1\ \\~ Transportation Liability Coverage: $5 Million as required by United States OepanrnentofTransportation. ~,~ ~~I~ Worker's CompensatIon: Pyrotechnieians will meet all of the requirements of the Worker's Compensation Laws of the State of Florida. ~i 111.1~ License & Permits: Zambelli Intemat10nale will obtain all required loca/. county and state fireworks permits and approvals. $\~\ ~<<,~ Transportation: Fireworks and equipment will be delivered by qualified drivers as required by US DOT. ~~ ~<<\~ Personnel: Certified Pyrotechniclans and TraIned Assistants. ~)~ ~ftl~ References: See Imagination on Display. ~f~" ~\~ >--;,'~ fdi, ~' ,,~a'~ Safety Procedures: Zambellllnternationale adheres to all safety regulations. NFPA , 123 code will be strictly enforced. Minority Status: Zambelli Fireworks Is a Women Owned end Operated Business and has applied for WBENC Certification. 2 ,/ / / ..~ _ 11 ~. INTERNATIONAL.E I. ~ Aerial Shells, Low LeveVSpecial Effects _Close Proximity Effects Indoor Effects and Ground Displays LARGE AERIAL FIREWORKS DISPLAY: An Aerial Fireworks display exhibits Chrysanthemums, Peonies, Saturn Shells, Palm Trees and a wide variety of specialty patterns and colors creating ill spectacle of light, color and sound. The two types of aerial shells - cylindrical and spherical - commonly mn in sizes such 8S 3", 4", 5", 6", 8", 12", 16''. and 24", though even larger shel!$, 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. . ~ c& . BUDGET: Barge: $15,000.00 plus water related costs Fireworks: $10,000.00 - $15,000.00-10 Minules ll. LOW LEVEL I SPECIAL EFFECTS: -....- 3 " 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 o" -- 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.