Loading...
99-024 RESOLUTION NO. 99-24 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 99-5-12-2; 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 99-5- 12-2. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow yes Resolution No. 99- 2____~ Page 2 Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 1~ day of June,~1999. /~ A'~T~UR I. SNY~R, I¥1AYOR A~EST:. TERESA M; S~0~, CMC CI~ CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENT BETWEEN CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING CO., INC. FOR FIREWORKS DISPLAYS THIS AGREEMENT is entered into this day of ~,._)Ct~ , 1999 between the City of Aventura, a Florida municipal corporation, (CITY), and Zambelli International Fireworks Manufacturing 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 federal, 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 # 99-5-12-2. 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 certain personnel. CONTRACTOR shall not r~,easonably 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 June 1, 1999 through June 1, 2002, unless otherwise terminated. ARTICLE 4 TERMINATION OF AGREEMENT This Agreement may be terminated upon ten (10) days written notice from 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 $ 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 benefits. ARTICLE $ 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. This indemnification does not apply to damages or injuries caused by the sole negligence of the City of Aventura. ARTICLE 7 INSURANCE 2 7.1 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. 7.2 The CITY and other additional property owners in the vicinity of the display 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 8.1 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 pursuant to this Agreement. 8.2 CONTRACTOR shall meet with the Community Services Director or designee, and shall attend all meetings as required. 8.3 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. 8.4 This Agreement is non transferable or assignable, and CONTRACTOR agrees not to transfer or assign the performance of services called for in the Agreement. 8.5 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 3 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date above: By: C , ~ /' Eric M. Sorok~ / City Manager x~ A'I-I'EST: ~. . ~Te'resa M. Sor(~a~, CIVIC City Clerk City Attorney CONTRACTOR MaCinn Zambelli Vice Presi~3'~nt of Marketing Zambelli International Fireworks Mfg. Co., Inc 4 EXHIBIT "A" CITY OF AVENTURA May 5, 1999 AVENTURA, FLOR/DA RFP~99-5-12-2 FIREWORKS DISPLAY SYNOPSIS $25,000.00 DESCRIPTION QUANTITY OPENING 300 Four Inch Shells 54 Five Inch Shells 15 Six Inch Shells 12 BODY OF PROGRAM: Three Inch Shells 720 Four Inch Shells 570 Five Inch Shells 396 Six Inch Shells 315 GRAND FINALE SHELLS: Three Inch Shells 1560 Four Inch Shells 108 Five Inch Shells 75 Six Inch Shells 60 CITY OF AVENTURA May 5, 1999 AVENTURA, FLORIDA RFPR99-5-12~2 FIREWORKS DISPLAY SYNOPSIS $20,000.00 DESCRIPTION QUANTITY OPENING 200 Four Inch Shells 48 Five Inch Shells 10 Six Inch Shells 8 BODY OF PROGRAM: Three Inch Shells 520 Four Inch Shells 420 Five Inch Shells 300 Six Inch Shells 220 GRAND FINALE SHELLS: Three Inch Shells 1080 Four Inch Shells 84 Five Inch Shells 50 Six Inch Shells 40 CITY OF AVENTURA May 5, 1999 AVENTURA, FLORIDA RFP~99-5-12-2 FIREWORKS DISPLAY SYNOPSIS $15,000.00 DESCRIPTION QUANTITY OPENING 200 Four Inch Shells 36 Five Inch Shells 10 Six Inch Shells 8 BODY OF PROGRAM: Three Inch Shells 420 Four Inch Shells 330 Five Inch Shells 240 Six Inch Shells 192 GRAND FINALE SHELLS: Three Inch Shells 1000 Four Inch Shells 72 Five Inch Shells 50 Six Inch Shells 40 ~IBIT "A" ZAMBELLI · I~ I ~ E W 0 I~ K S CITY OF AVENTURA May 5, 1999 AVENTURA, FLORIDA RFP~99-5-12-2 FIREWORKS DISPLAY SYNOPSIS $10,000.00 DESCRIPTION QUANTITY OPENING 120 Four Inch Shells 24 Five Inch Shells 10 Six Inch Shells 8 BODY OF PROGRAM: Three Inch Shells 300 Four Inch Shells 230 Five Inch Shells 165 Six Inch Shells 130 GRAND FINALE SHELLS: Three Inch Shells 600 Four Inch Shells 48 Five Inch Shells 30 Six Inch Shells 20 EXItlBIT 'I~" 4CORD. CERTIFICATE OF LIABILITY INSURANCE ..... , .........