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Home My WebLink AboutReso 1988-13624 RESOLUTION NO. 13624 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 21st day of JUNE , 198 8, 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. 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 ant Manuel A. Mollinedo, DirectoF D. Richard Rudolf, Ass] of Parks and Recreation City Attorney 4292a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF JLA VISTA, CALIFORNIA, this 21st day Of June 19 88 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Nader, Malcolm, Cox, Moore NAYES: Counci ]members None ABSTAIN: Councilmembers None ABSENT: Counci ]members None ................. ,,~ the City of Chula Vista ATTESTSClerk* ~ rE 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above and foregoing is a full, true and correct copy of RESOLUTION NO. 13624 ,and that the some has not been amended or repealed. DATED ci,y C,erk CITY OF CHULA VISTA FIREWORKS DISPLAY CONTRACT THIS CONTRACT, entered into on this 21st day of June, 1988 by and between SAN DIEGO FIREWORKS, INC., hereinafter called First Party or Seller and CITY OF CHULA VISTA, hereinafter called Second Party or Buyer; WITHESSETH: WHEREAS, the City of Chula Vista is interested in presenting a fireworks display for a Fourth of July Celebration at Marina View Park, and WHEREAS, San Diego Fireworks, Inc. was chosen to conduct the fireworks dis play. 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 fi reworks di splay as per The A11 American Sky Spectacular, 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 July 4, 1988 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 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 1 i qui dated damages to Sel 1 er twenty-fi ve 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 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 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 the following: $15,000.00 for the fireworks display per The All American Sky Spectacular. 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 -2- and harmless the City and its authorized agents, ~fficers 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 mutual ly and several ly 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 Mayo ity of ~ ~ on ~ ~.. f ~ Vista ~ Approved as to form by WPC 0784R -3~ 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, 1988 fireworks display. The City of Chula Vista also agrees to defend Rohr Industries in any litigation arising from this activity: Date