HomeMy WebLinkAboutReso 1987-13199 RESOLUTION NO. 13199
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR THE SAN
DIEGO PHILHARMONIC POPS CONCERT EXPENSES AND
AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City, in conjunction with the San Diego
Unified Port District, is planning to host a "Pops' concert at
Marina View Park on August 30, 1987, and
WHEREAS, the San Diego Unified Port District has agreed
to furnish $17,000 to defray the actual contract cost of the
orchestra if the City will absorb the other costs required for
the event, and
WHEREAS, it is necessary to appropriate funds to cover
the following expenses:
1. Electrical supplies/service $ 1,000
2. Promotional expenses 3,000
3. Police services 800
4. Parks and Recreation personnel 500
5. Fireworks display 2,500
6. Portable Sanitation 1,000
7. Shuttle bus service 500
8. Traffic control supplies 350
9. Miscellaneous supplies 300
10. Public Works personnel 120
$10,070
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby appropriate $10,070 from the
unappropriated balance of the General Fund for the San Diego
Philharmonic Pops Concert on August 30, 1987.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized to execute the
agreements for the concert with the San Diego Philharmonic, San
Diego Fireworks and Rohr Industries subject to approval of City
Attorney of any proposed changes to the Hold Harmless and
Insurance clauses proposed by the San Diego Philharmonic.
Presented by Approved as to form by
3205a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
uHULA VISTA, CALIFORNIA, this 18th d(ly Of August
~9 87 , by the following vole, to~if:
AYES: Councilmembers Moore, Nader, Malcolm, McCandliss, Cox
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT; Councilmembers None
,rE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss,
CITY OF CHULA VISTA )
I, JENNIE M, FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION N0. 13199
,and that the same has not been amended or repealed
DATED
City Clerk
CI'IY OF
CHULA VISTA
CC-660
INDEMNIFICATION AGREEMENT
The City of Chula Vista agrees to indemnify and hold harmless
Rohr Industries from any liability arising from its use of
property at the parking lot, leased by ~Rohr Industries, located
at Tidelands Avenue and "G" Street, in order to allow parking
for the August 30, 1987 San Diego Philharmonic Pops Concert.
The City of Chula Vista also agrees to defend Rohr Industries
in any litigation arising from this activity:
Date August 24, 1987 ~ ~ 4
Gregory R~ C~
Mayor of The City of Chula Vista
FIREWORKS DISPLAY CONTRACT
THIS CONTRACT, entered into on this 18th day of August, 1987 by and
between SAN DIEGO FIREWORKS, INC., here~ called First Party or Seller
and CITY OF CHULA VISTA, hereinafter called Second Party or Buyer;
WITNESSETH:
WHEREAS, the City of Chula Vista is interested in presenting a fireworks
display for a Philharmonic Pops Concert at Marina View Park, and
WHEREAS, San Diego Fireworks, Inc. was chosen to conduct the fireworks
display.
NOW, THEREFORE, IN CONSIDERATION of the mutual obligations of the parties
as herein expressed, the parties agree as follows:
First Party agrees to furnish Second Party in accordance with the terms
and conditions herein set forth the following:
One fireworks display as per The Pops Fireworks Finale, incorporated by
reference herein, including the services of 1 licensed operator to take
charge of and fire the display with sufficient helpers.
The said display is scheduled to be given on the evening of August 30,
1987 Marina View Park. After First Party is set up and ready to put on said
display and if prevented from doing so through no fault of First party, Second
Party agrees to pay the full contract price as previously agreed without the
right of any offset.
Should the weather prove unfavorable on the date set for said display,
postponement may be arranged for display to be fired on the next following
clear night by agreement of both parties, but such postponement shall be
decided on and notice given First Party not later than 3:00 p.m. on the date
on which the display should be held and Second Party agrees to pay First Party
for any additional expenses made necessary by such postponement but in no
instance shall such additional expenses exceed forty percent (40%) of the
contract price of the display. Said postponement due to unfavorable weather
must be arranged for a performance of display within sixty (60) days of the
time and date set for the original display. In the event Second Party fails
tO SO request another date within said sixty-day period, First Party shall
have no further liability to perform and Second Party agrees to pay the entire
agreed contract price to First Party per the terms of said contract.
In the event Buyer cancels the contract unilaterally, Buyer agrees to pay
as liquidated damages to Seller twenty-five percent (25%) of the total
contract price forthwith upon cancel 1 ation.
Second Party agrees to assume the risk of weather or other causes beyond
the control of First Party which may affect or damage such Fortion of the
exhibits as must be placed in position and exposed a necessary time for the
~cheduled commencement of the display. Second Party agrees to provide
adequate Police protection to protect First Party from the public's getting
into and about the space wherein the mentioned fireworks may operate, rise or
fall to furnish and place sufficient ropes or guards to prevent unauthorized
persons or the public from gaining admission to the necessary space provided
for the exhibition and hindering or delaying employees of First Party or
damaging display materials and equipment and to provide and pay for services
of a standby fireman and/or permit fees in required by local ordinance or
regulation. Second Party agrees as requested by First Party to provide
adequate access to First Party at all times to set up said display in the
event adequate access to display area is not provided. First Party will have
no obligation to perform and Second Party agrees to pay the entire contract
price as agrees plus any additional expenses incurred because of non access to
said display area.
First Party agrees to furnish the Second Party with a Certificate of
Insurance indicating insurance coverage in connection with the display of
fireworks:
Bodily Injury and Property Damage including Products
Liability. .$1,000,000 Combined Single Limit Policy which shall name
the City of Chula Vista as Additional Insured. This policy shall provide the
City of Chula Vista with a 30-day cancellation notice. In addition, the First
Party shall provi de the Second Party with a Certificate of Insurance
indicating Workers Compensation coverage to the statutory limits for its
employees and licensed sub-contractors.
It is agreed Second Party will pay First Party the following:
$2,500.00 for the fireworks display per The Pops Fireworks Finale.
Payment shall be made according to the following terms and conditions:
50% prepayment/deposit and 50% due and payable ten days after date of display,
1-1/2% service charge on accounts over thirty days. Second Party Buyer agrees
to pay attorney's fees and costs if First Party Seller initiates suit to
enforce collection of this account.
First Party shall remain as to the City a wholly independent contractor.
No agency relationship shall exist between First Party and the City.
The City, its agents, officers and employees shall not be held liable for
any claims, liabilities, penalties, fines, or for damages to any goods,
properties or effect or any person whatsoever nor for personal injuries to or
deaths of any of them whether caused by or resulting from any act or omissions
of the First party or its subcontractors, agents, employees or
representatives. The First Party further agrees to indemnify and save free
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and harmless the City and its authorized agents, officers and employees
against any of the foregoing liabilities and any costs and expense incurred by
the City on account of any claim therefor. llqereby the First Party agrees to
indemnify and to save the Second Party harmless from all claims arising by
reason of the services provided by the First Party.
The parties hereto do mutually and severally guarantee the terms,
conditions and payment of this contract and these articles shall be binding on
the parties themsel yes and on their heirs, executors, admi ni strators,
successors and assigns. All terms of this contract are in writing and may
only be modified by written agreement of the parties hereto. Both parties
acknowledge they have witnessed a copy of said written contract and agree to
be bound by said terms of written agreement only.
IN WITNESS WHEREOF, the parties hereto by and through their duly
authorized agents have set their hands and seals this 24th day of August,
1987.
Mayor of he~City of Chdla Vista
Approved as to form by
WPC 0784R
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· PERFORMANCE AGREEMENT
· This Agreement, made ~his 20th day of July ~, 1987 in
'San Diego, California, will serve as a contract between the SAN DILGO
PHILHARMONIC ("Producer") and Chula V~sta Parks &RecreaE~o-
("Sponsor") to provide the professional services of the San Diego
Philharmonic=Pops Orchestra ("Orchestra"). Performance:
Date: August 30, 1987
Time: 7:30 p.m.
'Location: Marina V~ew Park, "J" St. & Marina way
Fee: $17,000.00 ~ Seventeen ~housa~d ~ no/1uO)
All payments shall be paid by check, money order, or cash as follows:
A deposit of $1,500.00 shall be required. on execution of contract.
The balance of pa~nent shal.1 be made immediately following each
performance. ~ "!
In addition to the agreed-Kpon fee, Sponsor agrees to ~rovide': -
1.At least four .{~).properly supplied restrooms, 2 marked women and 2
marked men, fo~'~ ~exclusive use"'Of the Orchestra members. (Pot able
· restrooms are acceptable. If porta6~e'restrooms are provided, then
'wetnaps should be supplied in tieu of a sink.)
2. i50' x 70' smooth and level space adequate
and stage.
3.110/220 single phase electrical service with 100 amps per leg to be
located within 100 feet from stage/shell.
4. Additional sound needs, if required, are to be contracted from the
sound company designated by Producer, for services in excess of
$500.00 per concert. ':"~-
Producer agrees to provide:
1. Orchestra--one{I) performance of one and one-half {11/2i hour maximum
duration.
,
2. Pops conductor and program, to be designated by Producer.
3. Equipment:
a. Orchestra shell.
b. Music stands for Orchestra.
c. Overhead lighting for Orchestra,
d. Two (2) spotlights. ..
e. Sound sys~e~.(see 4 above):
4. Production crew to set up equipment, in 2 above.'
5. Sound needs contracted for services:'up to $500.00.
RECORDING/BROADCASTi Sponsor shall -not have the right to record, broadcast,·
televise, photograph or otherwise reproduce the visual.and/or audio
~erformances hereunder, or ~ny part thereof, without Producer's express
written permission.
HOLD HARMLESS: Producer agrees to indemnify and hold harmless the City
of Chula Vista against and from any and all damages to property of injuries
to or death of any person or persons, including property and employees
or agents of the City, and shall defend, indemnify and save harmless
the City, its officers, agents and employees, from any and all claims,
demands, suits, actions or proceedings of any kind or nature including
worker's compensation claims, of or by anyone whomsoever, in any way
resulting from or arising out of the .negligent or intentional acts, errors
or omissions of the Producer or any of its officers, agents or employees.
hold ha s~. ~o ~.,~.~ .o.,c 2~~
Sponsor agrees to indemnify and rmless the ~" P~°
against and from any and all damages to property of injuries to or death
of any ~erson or~persons, including property and employees or ag~ ~. ~
the shall defend, indemnify and save harmless the°"
its officers, agents and employees, from any and all claims, demands,
suits, actions or proceedings of any kind or nature including worker's
compensation claims, of or by anyone whomsoever, in any way resulting
from or arising out of the negligent or intentional acts, errors or omissions
of the Sponsor or any of its officers, agents or employees.
INSURANCE: Producer shall; throughout the duration of this Agreement
maintain , comprehensive general liability and property damage insurance
covering all operations hereunder of Producer, its agents and employees
including but not limited to premises and automobile, with minimum coverage
of One Million Dollars ($1,000,000.00) combined single limits. Evidence
of such coverage, in the form of a Certificate of Insurance shall be
submitted to the City Clerk at 276 Fourth Avenue. Said policy or policies
shall provide thirty (30) day written notice to the City Clerk of the
City of Chula Vista of cancellation or material change.
Producer shall also carry Worker's Compensation insurance in statutory
amount and Employer's Liability coverage in the amount of $500,000; evidence
of which is to be furnished to City in the form of Certificate of Insurance.
Sponsor shall, throughout the duration of this Agreement maintain - comprehensive
general liability and property damage insurance covering all operations
hereunder of Sponsor, its agents and employees including but not limited
to premises and automobile, with minimum coverage of One Million Dollars
($1,000,000.00) combined single limits. Evidence of such coverage,s,"
i the fo f.i.~e~icate of Insurance shall be submitted to the City
~"'~"~t ~. Said policy ~r i%! ~ 1 ~rovide thirty
<,> day written notice to the
of cancellation or material change.
ATTORNEYS FEES: In the event of any dispute between the parties, the
prevailing party shall recover its attorney fees, and any costs and expenses
incurred by reason of such dispute.
RAIN DATE: In the event that an outdoor concert must be cancelled due
to rain or other inclement weather conditions which prevent the Orchestra
from performing, Sponsor shall have the option of scheduling a rain date
on a subsequent date, to be mutually agreed upon by Sponsor and Producer.
Sponsor agrees to accept financial responsibility for any documented
out-of-pocket expenses incurred by Producer on the original performance
ltlqq,
i · date prior to the decision to cancel or postpone the performance. It _
is the sole prerogative of Producer to determine if weather conditions
I~ are acceptable for any outdoor performance under the terms of its labor
agreement. However, Producer will work in consultation with Sponsor
to make every effort to facilitate the performance on the date specified
in this Agreement.
FORCE MAjEURE: In the event performance by either party o'f any'of such
party's obligations hereunder is prevented by act of God, physical disability,
the acts or regulations of public authorities, labor difficulties, strike,
civil tumult, war, epidemic, interruption or delay of transportation
service, or any other cause beyond their control, all obligations of
each party hereunder shall terminate without recourse to either party.
This Agreement shall be construed, governed, and interpreted according
to the laws of the State of California.
CANCELLATION: In the event of cancellation of these services by Sponsor,
Sponsor will be held liable for all direct ~osts incurred by Producer
in relation to this Agreement. Notification of any cancellation must
be received by Producer in writing 45 days prior to performance date.
In the event of cancellation by Producer, all advance payments, less
any direct expenses, will be refunded to Sponsor.
RIGHT OF REFUSAL: In the event Sponsor refuses or neglects to provide
any of the items herein stated and/or fails tq make any of the payments
as provided herein, Producer shall have the right to refuse to perform
this contract and shall have the right to demand payment of the guaranteed
compensation forthwith.
MODIFICATIONS: All terms and conditions of this Agreement are contained
herein. Any additions or alterations to this Agreement shall be made
in writing by mutual consent of both parties hereto. Producer shall
not be bound by any terms or understandings other than those contained
herein.
The signatures below indicate acceptance of offer and full agreement
by each party of the terms and conditions of this contract.
1717 Morena Boulevard
San Diego CA 92110 (619) 75 3400