HomeMy WebLinkAboutReso 1986-12478 RESOLUTION NO. 12478
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND PYRO SPECTACULARS INC. FOR THE 1986 FIRE-
WORKS DISPLAY, APPROPRIATING FUNDS THEREFOR
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City 0f Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that that certain agreement between THE CITY
OF CHULA VISTA, a municipal corporation, and PYRO SPECTACULARS,
INC. for the 1986 fireworks display
dated the 13thday of Ma~ , 19~ , a copy of which is
attached ~ and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the sum of $12,500 be, and
the same is hereby appropriated from the unappropriated General
Reserve Fund and transferred to Account 100-730-5202 to supplement
the $10,000 previously budgeted.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
Manuel A. Mollinedo, Director Thomas J. Harron,
of Parks and Recreation City Attorney
ADOPTED AND APPROVED B~ THE ClT~ COUNCIL OF THE CIT~ OF CHULA
VISTA, CALIFORNIA this 13thdaH of May 1986
b~ thc follow£n~ vote, to-wit:
AYES: Councilmember Malcolm, Moore, Campbell, McCandliss, Cox
NAyE~: Councilmember None
ABSTAIN: Councilmember None
ABSENT: Councilmember None
STATE OF CALIFORNIA )
COUNT~ OF SAN DIEGO ) ss.
CITy OF CHULA VISTA )
I, ADELE A. 8ARMIENTO, DEPUT~J CIT~ CLERK of the City of Chula Vista,
true and correct copy of RESOLUTION NO. 12478 , and that the same
has not been amended or repealed.
DA TED
Deputy C/~y Clerk
CHY OF
CHUI. A VISIA
DCC-660 / i,t')
FIREWORKS DISPLAY CONTRACT
THIS CONTRACT, entered into on this 13th day of May,
1986 by and between PYRO SPECTACULARS, INC., hereinafter called
First Party or Seller and CITY OF CHULA VISTA, hereinafter called
Second Party or Buyer;
W I TN E S S E T H :
WHEREAS, the City of Chula Vista is interested in
presenting a fireworks display for a Fourth of July celebration
at the Chula Vista Marina, and
WHEREAS, Pyro Spectaculars, 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:
(1) One fireworks display as per "Sky Concert Program
A" incorporated by reference herein, including the
services of 1 licensed operator to take charge of
and fire the display with sufficient helpers.
(2) One fireworks display as per "Addition to Program
A" incorporated by reference herein, including the
services of a licensed operator and sufficient
helpers as needed.
(3) One steel barge approximately 90' x 21' x 5', sand,
and any additional items necessary for performance
of the fireworks display, subject to prior approval
by the City of Chula Vista's Director of Parks and
Recreation.
The said display is scheduled to be given on the evening
of July 4, 1986 at the Chula Vista Marina. 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.
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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
cancellation.
Second Party agrees to assume the risk of weather or
other causes beyond the control of First Party which may affect
or damage such portion of the exhibits as must be placed in
position and exposed a necessary time for the scheduled
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 insurance coverage in
connection with the display of fireworks and for furnishing of
the barge and sand for the following amounts:
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Bodily Injury and Property Damage including
Products Liability
..................... ~1,000,000 Combined Single Limit
It is agreed Second Party will pay First Party the
following:
(1) $1,750 for the furnishing of the barge and sand.
(2) ~1,750 for the fireworks display per "Addition to
Program A".
(3) $16,500 for the fireworks display per "Sky Concert
Program A".
Payment shall be made according to the following terms
and conditions: 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 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. Thereby 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 themselves and on their
heirs, executors, administrators, 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 13th day of May, 1986.
THE CITY OF CHULA VISTA PYRO SPECTACULARS INC.
Vi~t~ ~h~ City o~ Chula ' -- ' '--~-~
ATTEST ~¢~J~j , o
forCity C~erk'
Approved as to form by
Deputy City Attorney
1508a
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