2001-062RESOLUTION NO. 2001-62
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF AVENTURA AND ZAMBELLI
INTERNATIONAL FIREWORKS MANUFACTURING CO.,
INC. FOR THE PROVISION OF FIREWORKS DISPLAYS
AS SET FORTH IN RFP 01-8-29-2; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement between the City of Aventura and Zambelli International Fireworks
Manufacturing Co., Inc. for the provision of fireworks displays as set forth in RFP 01-8-
29-2.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Holzberg, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow yes
Resolution No. 2001-6_Z~
Page 2
PASSED AND ADOPTED this 4th day of September, 2001.
TEF:~A M. S};~(
CITY.~CLERK ~
,~E'~F'~EY M. 'PERLOW, MA'¥OR
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
AGREEMENT BETWEEN CITY OF AVENTURA
AND ZAMBELLI INTERNATIONAL FIREWORKS MFG. CO., INC. FOR
FIREWORKS DISPLAYS
THIS AGREEMENT is entered into this _~z,~ay of September 2001
between the City of Aventura, a Florida municilSal corporation, (C1:17~), and
Zambelli International Fireworks Mfg. Co., inc., (CONTRACTOR).
WHEREAS, the CITY desires to retain the professional services of
CONTRACTOR to provide fireworks displays; and
WHEREAS, CONTRACTOR desires to provide fireworks displays to the
CITY and its residents.
NOW, THEREFORE the Parties agree as follows:.
ARTICLE I
SCOPE OF SERVICES
The CONTRACTOR agrees to:
1.1
Transport, prepare, store, fire, maintain, and dispose of all fireworks and
other explosive devices, materials and supplies related to providing
fireworks displays in a professional, careful and responsible manner with
due regard for the safety of the general public and employees, in
accordance with all applicable state, county, and local laws, rules,
regulations, and procedures.
1.2
Be solely responsible, at CONTRACTOR's sole expense, for obtaining all
permits for explosives, supplies, and any other equipment associated with
providing fireworks displays as contained in CONTRACTOR'S proposal
responding to CITY's RFP # 01-8-29-2.
1.3
Be solely responsible for securing the services of and compensating
assistants or other personnel, as may be required, to adequately and
safely plan and operate the fireworks display. All personnel and
employees utilized by the CONTRACTOR for providing fireworks displays
shall be subject to the approval of Community Services Director, to which
the Community Services Director may specifically request specific
personnel. CONTRACTOR shall not reasonably refuse such requests.
ARTICLE 2
COMPENSATION
2.1
The CONTRACTOR shall be compensated in accordance with the
appropriate display as selected by the City, as contained in Exhibit "A",
attached hereto according to the general purchasing procedures
established by the CITY,
ARTICLE 3
TERMS OF AGREEMENT
The term of this Agreement shall be from September 4, 2001 through September
4, 2004, with an option at the City's sole discretion to renew this Agreement for
additional three-year terms.
ARTICLE 4
TERMINATION OF AGREEMENT
This Agreement may be terminated upon ten (10) days written notice from the
either party, at its sole discretion. In the event of termination by the CITY, the
CONTRACTOR shall not be entitled to any compensation other than that earned
prior to and during the notice period.
ARTICLE 5
INDEPENDENT CONTRACTOR
CONTRACTOR, its employees and agents shall be deemed independent
contractors and not agents or employees of the CITY, and shall not attain any
rights or benefits generally afforded City employees; further, CONTRACTOR, its
employees and agents shall not be deemed entitled to the CITY'S worker's
compensation, insurance benefits or similar laws.
ARTICLE 6
INDEMNIFICATION CLAUSE
CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from
and against any and all claims, suits, damages, liabilities or causes of action
arising during the term of this Agreement, arising out of, related to, or in any way
connected with the performance or non-performance of any provision of this
Agreement required of the CONTRACTOR, including personal injury, loss of life
or damage to property and from and against any orders, judgments or decrees
which may be entered, and from and against all costs, attorney's fees, expenses
and lawsuits incurred in and about the defense of any such claim and
investigation thereof. However, nothing shall be deemed to indemnify CITY for
any liability or claim arising out of the negligent performance or failure of
performance of CITY.
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7.1
7.2
8.1
8.2
8.3
8.4
8.5
ARTICLE 7
INSURANCE
CONTRACTOR shall provide, pay for, and maintain in force at all times
during the period of this Agreement, a Comprehensive General Liability
Insurance Policy as contained in Exhibit "B", attached hereto.
The CITY and other property owners as determined by the City, shall be
named as an additional insured on all insurance policies the
CONTRACTOR is required to provide.
ARTICLE 8
MISCELLANEOUS
CONTRACTOR shall, without additional expense to CITY, be responsible
for obtaining any necessary licenses and for complying with any
applicable federal, state, county and municipal laws, ordinances and
regulations in connection with the performance of the services specified
herein. CONTRACTOR shall take proper safety and health precautions,
including the employment of needed assistance, to protect participants,
the CITY, the public and property of others. CONTRACTOR shall be
responsible for all services performed until completion of this Agreement.
CONTRACTOR shall meet with the Community Services Director or
designee, and shall attend all meetings as required.
No modification, amendment or alteration of the terms and conditions
contained shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith.
This Agreement is non transferable or assignable, and CONTRACTOR
agrees not to transfer or assign the performance of services called for in
the Agreement.
This Agreement sets forth the full and complete understanding of the
Parties as of the effective date, and supersedes any and all negotiations,
agreements and representations made or dated prior to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the date above:
By:
CITY OF AVENTURA
Ter~s~a M. Soroka(~MC~
City Clerk
APPROVED AS TO FORM/~
City Attorney
CONTRACTOR
/ Ma r/?Ann Zambelli
Vice Presib~nt of Marketing
Zambelli international Fireworks Mfg. Co., Inc
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