HomeMy WebLinkAboutReso 1989-14140 RESOLUTION NO. 14140
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND SAN DIEGO FIREWORKS, INC. AND AUTHORIZING
INDEMNIFICATION AGREEMENT WITH ROHR INDUSTRIES FOR
FIREWORKS DISPLAY AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENTS
The City Council of the City of 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 SAN DIEGO
FIREWORKS, INC. for fireworks display dated the 4th day
of 3uly , 1989, a copy of which is attached hereto and
incorporated herein, the same as though fully set forth herein
be, and the same is hereby approved.-Y~
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to enter into an Indemnification Agreement with Rohr
Industries for use of its parking lot at Tidelands and "G" Street
in connection with the fireworks display.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreements for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
Manuel A.' Mollinedo, Director , City
of Parks and Recreation
4292a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,'ULA VISTA, CALIFORNIA, fhis 20th day of June . ..
19 ~9 , by the following vote, to-wit:
AYES: Councilmembers Cox, Malcolm, Moore, McCandliss, Nader
NAYES: Counci 1 members No ne
ABSTAIN: Councilmembers None
ABSENT: Council members None
e i y o ula Vista
ATTEST ~" City Clerk
~TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA ]
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correcf copy of
RESOLUTION N0. 14140
,and that the some has not been amended or repealed
DATED
City Clerk
CC-660
FIREWORKS DISPLAY CONTRACT
THIS CONTRACTS'entered into on this 16th da of June, 1989 b and between
SAN DIEGO FIREI4ORKS, INC., heroinafter called ~trst Party or Se~ler and CITY
OF CHULA VISTA, heroinafter called Second Party or Buyer;
WITNESSETH:
WHEREAS, the City of Chula Vista is interested in presenting a fireworks
display for a Fourth of July Celebration at a barge in San Diego Bay west of
Marina View Park, and
WHEREAS, San Diego Fireworks, Inc. was chosen to conduct the fireworks
di splay. ...
NOW, THEREFORE, IN CONSIDERATION of the mutual obligations of the parties
as heroin 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 All American Sky Spectacular,
incorporated by reference heroin, 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 July 4, 1989
from a barge anchored west of 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 f_ull 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 dtspla to be fired on the next following
dear night by agreement of both partYes, 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
... 4 the
instance shall such additional .expenses exceed forty percent (0%) of
~' 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 I S fails
display. n the event econd Party
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 or said contract.
In the event 3uyer cancels the contract untlaterally, Buyer agrees to pay
'.' as liquidated damages to Sellcr twenty-five percent (25%) of the total
contract price forthwith upon cancellation.
Second Party ag'rees to assume the risk of weather or other causes beyond
the control of First Party which may affect or damaqe 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 Ftrst Party from the public's getttng
into and about the space wherein the mentioned fireworks may cperate, 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 pollcy shall provide the
City of Chula Vista with a 30-day cancellation notice. In addition, the First
Party shall provide 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 t~e following:
$1S,O00'.O0 for the fireworks display per The All American Sky Spectacular.
Payment shall be made according to the following terms and conditions:
SOS propayment/deposit and SOt 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 damage~ to any goods,
properties or effect or any person vJhatsoever nor for personal injuries to or
deaths of any of them w~etner caused by or resulttn~ from any act or omissions
nf the First party Or its subcontractors, agents, employees nr
representatives. The First Party further anree~ to t,~demntfy 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 an3~.. claim therefor, Thereby the First Party agrees; to
indemnify and to save the"Second IParl~tt harmqess from all claims arising.by:..
reason of the services provided by the rSt Party;
The parties hereto do mutually and :.~. s:everally guarantee the ' terms';
conditions and payment of this' contract' and:these articles shall be binding on
the parties themselves and 'on thetr. hetrs,. executors, admtntstrators~
successors and assigns; All terms of this contract are
only be modified by wrttten' agreement of the' parties hereto, Both parttes'
ackno'~ledge they have witnessed a copy. of Said' ~rttten contract and agre~-to '
be bound by said terms of..~rttten agreement only::~ "
IN I~ITNESS I~HEP, EOF, the parties hereto by' and through their duly
authorized agents have set their hands and seals this 20th day. of June, 1989;
THE CZTY OF CHULA VZSTA SAN DZEGO i~IRE~IORK$', i:NC;
Mayor o.f he City of Chu a Vts
·
ATTE ' ' ' 1 elk' ,
C C
·
Approved as to form by
~C 0784R
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 July 4, 1989 fireworks display. The- .'
City of Chula Vista also agrees to defend Rohr. Industries in any litigation
arising from this activity. """~'
Gregory ~. C{tx '
Nayor of the City of Chula Vista