HomeMy WebLinkAbout1991/06/18 Item 23
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 6/18/91
ITEM TITLE: Resolution \\a"\ \ Authorizing the Mayor to execute a
contract for fireworks display and entering into
Indemnification Agreements
SUBMITTED BY: Director of Parks and Recreatio~
REVIEWED BY: City Manager9h& (4/Sths Vote: Yes_No_.!.J
Planning is being finalized for the annual Fourth of July Fireworks Display to
be held in the Chula Vista bayfront. The event has been highly successful
duri ng the past several years, and is expected to draw an even 1 arger crowd
this summer.
RECOMMENDATION: That Council adopt the resol ut ion authori zi ng the Mayor to
execute a contract with San Diego Fireworks, Inc. (Attachment A) for the 1991
fireworks display and to enter into an Indemnification Agreement with Rohr
Industries (Attachment B) (for the use of their parking facil ities), and with
the San Diego Unified Port District (Attachment C).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Fourth of July Fireworks display will be held on the bayfront on Thursday,
July 4, 1991. The show is scheduled to begin promptly at 9:00 p.m., and will
last approximately 20-25 minutes. San Diego Fireworks, Inc. has been selected
to do the display. San Diego Fireworks has provided the City with impressive
shows for the Fourth of July event as well as the Symphony Pops Concert finale
for the past four years. The company has done hundreds of displays within the
county, and has a sol id performance record both locally and nationwide since
1946. The fireworks will be launched from a barge anchored in the bay,
s imi lar to the arrangement duri ng 1 ast year's show. San Di ego Fi reworks has
made arrangements with KKLQ FM-106 radio to provide a musical simulcast during
the fireworks display. The station will be providing free pre-event
publicity, and is donating $3,500 worth of additional fireworks for the
display.
The San Di ego Unifi ed Port Di stri ct has been contacted concerni ng the event.
The City is bei ng asked to provi de the Port with a Cert ifi cate of Insurance
naming the Port District as an additional insured. In addition, the Port
District Activity Permit contains an indemnification agreement. The City's
Ri sk Manager has been informed about thi s requi rement. It shoul d be noted
that the Port District permit gives the Port Authority right to 24-hour
cancellation which, if exercised, would terminate the fireworks display and
could result in the loss of the contract fees.
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Meeting Date 6/18/91
The Department has requested permi ssi on from Rohr Industri es to use thei r
parking lot. Their response to this request has been positive with the
condition that the City provide them with a Certificate of Insurance and an
Indemnification Agreement.
The Pol ice Department, Traffic Engineering, and the Transit Department are
coordinating plans to help relieve the anticipated traffic congestion that has
occurred in the past. Traffic in the general area will be controlled by
police officers, especially at all intersections. Free shuttle bus service
will be available to and from the area from the "H" Street trolley station,
The Bayfront Trolley station and the Palomar trolley station. All pick-up
points will be from regular City Transit bus stops.
Traffic control in the area following the event will be handled by the Police
Department. The temporary al ignment of Marina Parkway between "G" and "F"
Streets will be designated one way, with all traffic flowing north. Marina
Parkway from "G" Street south to "J" Street will be designated one way with
all traffi c fl owi ng south. One 1 ane wi 11 be des i gnated for two-way traffi c
for the excl usi ve use of the shuttl e busses and fi re and pol ice vehi cl es.
This lane will be closely barricaded and patrolled. This same traffic pattern
will be used on "J" Street between Marina Parkway and the Interstate 5
intersection, with all traffic running east. In addition, Bay Boulevard will
be closed between "H" and "J" Street to further facil itate shuttle bus
service. Traffic control officers will be on duty at all intersections in the
area until traffic out of the bayfront area has subsided. In order to provide
sufficient traffic and crowd control, the Pol ice Department will be paying
reserve and regular duty officers for their services at the event. An
estimate of required funds is included in the budget.
A centralized command post will be established so that Police, Fire, Parks and
Recreation staff, and other personnel involved with the event will know where
contact can be made in the event of any unforeseen problems or emergencies.
The command post will be establ ished just east of the intersection of "J"
Street and Marina Parkway in the vacant lot.
The cost of the 1991 Fourth of July Fireworks will be approximately $21,700.
A tentative budget has been prepared as follows:
1. Fireworks Contract (San Diego Fireworks, Inc.)
2. Rental of Barge and Tug Boat Service
3. Rental of Barricades
4. Rental of Portable Toilets
5. Additional Trash Receptacles
6. Shuttle Bus Service (Chula Vista Transit)
7. Police Reserves
8. Parks & Recreation Staff
9. Miscellaneous Expenses
$ 16,500
1,800
340
1,150
300
700
6,000
400
100
TOTAL
$ 27,290
FISCAL IMPACT: $27,290 has been
for this year's Fireworks Display.
sufficient to pay for this event.
budgeted in the non-departmental account
It is anticipated that this amount will be
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FIREWORKS DISPLAY AGREEMENT
THIS AGREEMENT, entered into this 18th day of June,
1991, by and between the City of Chula Vista, a California
Municipal Corporation, hereinafter called "City", and San
Diego Fireworks, Inc., a California Corporation, hereinafter
called "Contractor", is made with reference to the following
facts:
WIT N E SSE T H:
WHEREAS, City desires to provide a fireworks display
for its residents on July 4, 1991, and Contractor desires to
furnish the fireworks display to said City;
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO
AS FOLLOWS:
1. SCOPE OF WORK.
Contractor agrees to furnish to City, on July 4,
1991, in the San Diego Bay, on a barge off the Chula Vista
Marina in accordance with the terms and conditions herein-
after set forth, one (1) Fireworks Display as set forth in
Program "An, attached hereto as Exhibit "A",' incorporated
herein and made a part hereof as though set forth in full,
including the services of one (1) licensed pyrotechnician to
take charge of and fire the Display with sufficient helpers.
1.1 City'S Duty to Provide Suitable Site.
City shall furnish and provide at their own expense a
suitable site and location. Suitability of any proposed
site is to be determined solely by Contractor. If City
proposes a site on water, City shall furnish and provide, at
their own expense, suitable floats or scows, including
provisions for towing and handling of same. The operations
of Contractor are considered complete with the crew and
equipment of Contractor depart the site.
2. Cancellation by Contractor. In the event Contractor
reasonably determines the weather conditions unfavorable on
the date set for the display, City shall pay Contractor ten
percent (lot) of the contract price as a restocking fee and
costs incurred by Contractor for technician fees, custom set
piece and logo designZ, permit and insurance.
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June 12, 1991
1991 July 4th Display Contract
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3. Cancellation by City. Should city decide to cancel the
display, notice shall be given to Contractor no later than
nine o'clock A.M. on the day of the display. City shall pay
Contractor ten percent (10%) of the contract price as a
restocking fee and all costs incurred by Contractor
including, but not limited to, technician fees, custom set
piece and logo design, permit and insurance.
4. Postponement. In the event of cancellation by Contrac-
tor as provided in Paragraph 2 herein, or cancellation by
City as provided in paragraph 3 herein, City shall not be
liable and responsible to pay Contractor ten percent (10%)
of the contract price as a restocking fee and all costs
incurred by Contractor provided the parties agree to another
date for the display prior to 9:00 A.M. on the day of the
display. City shall be liable only for the expenses
incurred by Contractor due to the postponement if the
parties have agreed upon a postponement date, or the City
has tendered a reasonable postponement date.
S. ASSUMPTION OF RISK FOR WEATHER RUINING EXHIBITS.
City agrees to assume the risk of damage to the Exhibit
by weather or other causes beyond the control of Contractor,
which may affect or damage such portion of the exhibits as
must be placed in position and exposed a necessary time
before the scheduled commencement of the Display. By
assuming said risk, City agrees to pay for Contractor's cost
of said destroyed or ruined exhibits, unless the City is
otherwise obligated to pay the Contractor the compensation
required by this agreement.
6. DISPLAY PROTECTION.
City shall provide adequate police or security service
to prevent the public from entering the areas designated
solely by the Contractor for the firing of the display and
fallout. Any vehicles or personal property within these
areas shall be removed at the expense of City. Any damage
to personal property and injuries or death to persons
remaining within these areas shall be the sole
responsibility and liability of City. City shall indemnify,
defend and hold harmless Contractor against such claims as
provided in paragraph eight (8) herein. City shall also be
responsible and liable for any damage or theft of equipment
or materials of Contractor caused by the public.
7. INSURANCE.
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June 12, 1991
1991 July 4th Display Contract
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Contractor, shall, throughout the duration of this
Agreement, maintain the following insurance coverage:
7.1 Commercial General Liability Insurance including
Business automobile liability insurance in the amount of
$1,000,000, combined single limit, which names the city of
Chula Vista as additional insured and is primary to any
insurance policy carried by the City.
7.2 Errors and omissions insurance in the amount of
$250,000.
3. statutory Worker's Compensation Insurance and
Employer's Liability Insurance in the amount of $1,000,000.
All policies shall be issued by a carrier that has a
Best's Rating of "A", Class "V", or better or shall meet
with the approval of the City'S Risk Manager.
Contractor will provide, prior to commencement of the
services required under this Agreement, certificates of
insurance for the coverage required in this section, and,
for Commercial General Liability Insurance, a policy
endorsement for the City as additional insured; a policy
endorsement stating the Contractor's insurance is primary
and a policy endorsement stating that the limits of
insurance apply separately to each project away from
premises owned or rented by the Contractor. Certificates of
insurance must also state that each policy may not be
canceled without at least thirty (30) days written notice to
the City.
The provisions of this section are intended to be of
benefit only to the City, and not for the advantage or
benefit of any third party. The City shall have the sole
right to insist upon or waive their performance without
liability to any third party.
8. tHOLD HARMLESS.
8.1 City's Indemnity. city shall indemnify, defend
and hold Contractor harmless and the property of Contractor
from and against any and all claims, losses, damages, suits,
injuries and liabilities arising from the death or injury to
any person or from damage to or destruction of any property,
which arises out of, or is caused by an act, omission,
negligence or misconduct on the part of City or any of
City'S officers, agents, servants, employees, contractors,
guests, invitees or licensees. The provisions of this
july491A.wp
June 12, 1991
1991 July 4th Display Contract
Page 3
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.ection shall not apply to any claim or liability arlslng by
reason of the sole negligence, gross negligence or willful
aisconduct of City.
8.2. Contractor's Indemnity. Contractor shall
indemnify, defend and hold harmless Contractor and the
property of Contractor from and against any and all claims,
losses, damages, suits, injuries and liabilities arising
from the death or injury to any person or from damage to or
destruction of any property, which arises out of or is
caused by an act, omission, negligence or misconduct on the
part of Contractor or any of Contractor's officers, agents,
servants, employees, contractors, guests, invitees or
licensees. The provisions of this section shall not apply
to any claim or liability arising by reason of the sole
negligence, gross negligence or willful misconduct of city.
9. COMPENSATION.
City agrees to pay Contractor the sum of Sixteen
Thousand Five Hundred ($16,500.00) Dollars according to the
following terms and conditions, due and payable as follows:
Fifty (50%) percent deposit upon execution of this agree-
ment, and the balance due ten (10) days after date of
Display, plus one (1%) percent service charge on accounts
over thirty (30) days past due.
10. ATTORNEY'S FEES AND COSTS.'
This contract shall be governed by the laws of the
State of California. Should any legal action be brought to
enforce or interpret the terms or provisions of this
agreement, any court of competent jurisdiction located in
the County of San Diego, California shall be proper venue
for an action. If any legal action is brought to enforce or
interpret the terms or provisions of this agreement, the
prevailing party shall be entitled to reasonable attorney's
fees and costs in addition to any other relief to which they
may be entitled.
11. PARTIES INDEPENDENCE.
It is further agreed that nothing in this Agreement
shall be construed as forming a partnership, the Parties
hereto being severally responsible for their own separate
debts and obligations, and neither Party shall be held
1. This is the clause in their standard agreement.
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June 12, 1991
1991 July 4th Display Contract
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responsible for any agreements not stipulated in this
Agreement.
12. NOTICE TO PARTIES.
Any Notice to Parties required under this Agreement to
be given to either party may be given by deposition in the
United States mail, postage prepaid, first class, a notice
addressed to the following:
City:
City of Chula Vista
Attn: Beverly Authelet, City Clerk
276 Fourth Avenue
Chula Vista, California 91910
Contractor:
San Diego Fireworks, Inc.
P.O. Box 203186
San Diego, CA 92120
13. SUCCESSORS.
The terms, conditions and payments of this Agreement
shall be binding upon the Parties themselves and on their
heirs, executors, administrators, successors and assigns.
14. ENTIRE AGREEMENT
All terms of this Agreement are in writing and may only
be modified by written Agreement of the Parties hereto.
Both Parties acknowledge they have received a copy of said
written Agreement and agree to be bound by said terms of
written agreement only.
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June 12, 1991
1991 July 4th Display Contract
Page 5
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IN WITNESS WHEREOF the Parties hereto, by and through
their duly authorized agents, have set their hands and seals
as of the day and year first above written.
City of Chula Vista,
A Municipal Corporation.
by:
its Mayor
ATTEST:
Beverly Authelet, City Clerk
(SEAL)
APPROVED AS TO FORM:
BRUCE M. BOOGAARD,
City Attorney
San Diego Fireworks, Inc.,
a California Corporation
By
Ron Dixon, President
july491A.wp
June 12, 1991
1991 July 4th Display Contract
Page 6
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BILL OF MATERIALS
PREPARED FOR
City of Chula Vista
July 4,1991
Program A
AERIAL FIREWORKS DISPLAY:
40 3- Assorted Brilliant Color Aerial Shells
30 3- Assorted Fancy Pattern and Multiple Color Aerial Shells
25 3- Assorted Oriental Floral Pattern Aerial Shells
20 3- Assorted Special Effects Aerial Shells
15 3- Assorted Deluxe Special Effect Aerial Shells
30 4- Assorted Brilliant Color Aerial Shells
25 4- Assorted Fancy Pattern and Multiple Color Aerial Shells
20 4- Assorted Oriental Floral Pattern Aerial Shells
15 4- Assorted Special Effects Aerial Shells
10 4- Assorted Deluxe Special Effect Aerial Shells
20 5- Assorted Brilliant Color Aerial Shells
15 5- Assorted Fancy Pattern and Multiple Color Aerial Shells
15 5- Assorted Oriental Floral Pattern Aerial Shells
7 5- Assorted Special Effects Aerial Shells
5 5- Assorted Deluxe Special Effect Aerial Shells
f 12 6- Assorted Brilliant Color Aerial Shells
t
. 10 6- Assorted Fancy Pattern and Multiple Color Aerial Shells
I 8 6- Assorted Oriental Floral Pattern Aerial Shells
5 6- Assorted Special Effects Aerial Shells
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BILL OF MATERIALS .-
f " PREPARED FOR
City of Chula Vista
July 4, 1991
Program A
5 T Special Pattem Aerial Shells
6 8" Assorted Brilliant Color Aerial Shells
5 8" Assorted Fancy Pattem and Multiple Color Aerial Shells
4 8" Assorted Oriental Floral Pattem Aerial Shells
3 8" Assorted Special Effects Aerial Shells
2 10" Assorted Fancy Pattern and Multiple Color Aerial Shells
2 10" Assorted Oriental Floral Pattem Aerial Shells
2 10" Assorted Special Effects Aerial Shells
1 12" Fancy Pattem and Multiple Color Aerial Shell
1 12" Oriental Floral Pattem Aerial Shell
1 12" Special Effects Aerial Shell
GRAND AERIAL FINALE:
100 2.5" Brilliant Color Aerial Finale Shells
100 3" Aerial Titanium Flash Salutes
100 3" Assorted Brilliant Color Aerial Finale Shells
40 4" Assorted Brilliant Color Aerial Finale Shells
, 1 10" Nishiki Kamuro Crown Chrysanthemum
t Total Price of Display: $16,500.00
Total Shells in Program: 700
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BILL OF MATERIALS
ADDITIONAL FIREWORKS PROVIDED BY
KKLQ-Q106FM
July 4, 1991
Program A
FIREWORKS RADIO NETWORK
AERIAL FIREWORKS DISPLAY:
20 4" Assorted Brilliant Color Aerial Shells
16 4" Assorted Fancy Pattern and Multiple Color Aerial Shells
12 4" Assorted Oriental Floral Pattem Aerial Shells
10 4" Assorted Special Effects Aerial Shells
10 5" Assorted Brilliant Color Aerial Shells
8 5" Assorted Fancy Pattern and Multiple Color Aerial Shells
6 5" Assorted Oriental Floral Pattem Aerial Shells
4 5" Assorted Special Effects Aerial Shells
5 6" Assorted Brilliant Color Aerial Shells
4 6" Assorted Fancy Pattern and Multiple Color Aerial Shells
3 6" Assorted Oriental Floral Pattern Aerial Shells
1 8" Brilliant Color Aerial Shell
1 8" Fancy Pattem and Multiple Color Aerial Shell
1 8" Oriental Floral Pattem Aerial Shell
.
LOW LEVEL AND GROUND EFFECTS:
i
1 Each
8' X 8' Rreworks Radio Network Sponsors' Logo in fire.
Bouquets of Brilliant Color Pearl Roman Candles
Bouquets of Flashing Thunder Roman Candles
2 Each
2 Each
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BILL OF MATERIALS
ADDITIONAL FIREWORKS PROVIDED BY
KKLQ-Q106FM
July 4, 1991
Program A
FIREWORKS RADIO NElWORK
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PROFESSIONAL SERVICES PROVIDED:
- Choreographic services to match the combined Bills of Materials to the
sound track provided.
- Firing Cue Communications system to facilitate synchronization
of the bursts to the posts of the sound track.
- Multi-track broadcast quality patriotic themed sound track.
- Promotional posters provided acknowledging the event and sponsors.
- Promotional .On-Air" spots promoting the Fireworks Radio Network.
- Technical Support to the firing cue communications syslem.
- Membership in the Nations largest Independence Day Celebration.
Price of your Program: $16.500.00
Value of Sponsorship: $3.500.00
Total Program Value: $20,000.00
Shells In Your Program: 700
Shells in Sponsorship: 101
Total Shells in your show: 801
. Total Devices in Display: 5
.
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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 for the July 4, 1991, fireworks display. The City of Chula Vista
also agrees to defend Rohr Industries in any litigation arising from this
activity.
Date:
Tim Nader
Mayor of the City of Chula Vista
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DATE June 18. 1991
SAN DIEGO UNIFIED PORT DISTRICT
TIDELAND ACTIVITY PERMIT
PERMITTEE:
CITY OF CHULA VISTA
USE OR ACTIVITY:
FOURTH OF JULY FIREWORKS SHOW
LOCATION FOR WHICH PERMIT ISSUED:
BAYFRONT BETWEEN "G" AND "J" STS
EFFECTIVE DATES (No IIIore than JO days): July 4. 1991
SECURITY DEPOSIT: S -0-
THIS PERMIT FOR TIDELAND USE IS ISSUED SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
1. Permittee shall comply with all apolicable laws, rules
and regulations of the District and other governmental entities.
2. Permittee shall keep the property and all equipment used
in connection with this permit in a clean, safe and sanitary manner
and in good reoair at all times. Allor any portion of the security
depoSit shall be available unconditionally to the District for the
purpose of cleaning or repairing damages to the property upon ter-
mination of this permit.
3. This permit may be cancelled by either party by the giving
of twenty-four (24) hours notice in writing to the other party.
Such cancellation shall be without liability of any nature.
4. .This permit shall not be transferred or assigned.
5. P~rmittee shall defend, indemnify, and hol~ harmless
District, its officers and employees agai~st all causes of action,
for Judicial relief of any kind, for damage to proper~y of any kind
whatsoever,_ and to whomever belonging, inClUding Permittee, or in-
Jury to Or death of any person or persons, including employees of
Permittee, resultin9 directly or indirectly from activities in c~n-
nection with the issuance and performance of this permit or arislng
from the use of the property, facilities or services of District.
its Officers or employees.
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5. Pe~ittee shall maintain comprehensive public liability
(covering operations, prOducts and completed operations) and blanket
contractual coverage insurance throughout the term of this permit.
The policies shall, as a minimum. provide the following forms of
coverage: 0 0 1 lOOt
$ 1 million comb10ed SlOg e 1m1
~ Personll Injury aA~ 8e~ily Injwry:
0"1 PerlOA $
ORe Occur"'AC' S g,e.a A.6o\JE..
(8) Pro"eroty Dlluge $
Certificates of such insurance, in a form satisfactory to the District,
shall be filed with District's Community and ~overnment Affairs De-
part.ent. Insurance certificates. filed pursuant to this permit shall
contain a non-cancellation-without-notice clause and shall provide
that copies of cancellation notices shall be sent to the District.
7. The rights and privileges extended by this permit are non-
exclusive.
8. Permittee shall not engage in any activity on property of
the District other than the activity for which this permit is e~pressly
issuea.
9. Permittee shall be subject to and comply with any speCial
~onditions attached hereto.
10. Permittee shall comoly with all reauirements and directives
of the Port Directo~ of District.
11. In the event of failure of Permittee to comply with any
provision of this permit. this permit may. at the discretion of the
Port Director, be terminated immediately.
SAN DIEGO UNIFIED PORT DISTRICT
By
Permittee hereby accepts this permit and agrees to comply with all the
terms and conditions thereof.
APPROVED as to form:
JOSEPH D. PATELLO
Port Attorney
Per~ttee's signature
Address: Citv of Chula Vista
276 Fourth Ave
Chula Vista, CA 91910
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RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR FIREWORKS DISPLAY AND ENTERING
INTO INDEMNIFICATION AGREEMENTS
The City Council of the City of Chula vista does hereby
resolve as follows:
WHEREAS, planning is being finalized for the annual
Fourth of July Fireworks Display to be held at the Chula Vista
Bayfront and it is necessary to enter into agreements for the
event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize the Mayor to
execute a contract with San Diego Fireworks for the 1991
fireworks display and to enter into an Indemnification Agreement
with Rohr Industries for the use of their parking facilities and
with the San Diego Unified Port District, copies of which are on
file in the office of the City Clerk.
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Presented by
Jess Valenzuela, Director of
Parks and Recreation
8964a
y Attorney
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