HomeMy WebLinkAboutReso 92-430 - Approve & Authorize the mayor to sign the contracts set forth between the COR & San Diego Fireworks, Inc for presentation of annual public displays of Fireworks by COR for next 3 yrs II
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RESOLUTION NO. q2-4130
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'I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE CONTRACTS SET
FORTH BELOW BETWEEN THE CITY OF REDDING AND SAN DIEGO
FIREWORKS, INC. FOR PRESENTATION OF ANNUAL PUBLIC DISPLAYS OF
,i FIREWORKS BY THE CITY OF REDDING FOR THE NEXT THREE YEARS
WHERE PUBLIC DISPLAYS OF FIREWORKS ARE PRODUCED.
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WHEREAS, the City has contracted with San Diego Fireworks, Inc.
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(SDF) for the last seven events, including the Centennial Celebration
in 1987; and
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WHEREAS, in 1990 the City approved a Multiple Year Fireworks
Display Agreement with SDF for the promotion and presentation of the
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City' s 1990, 1991 and 1992 Independence Day Celebrations, and the
contract is up for renewal; and
WHEREAS, a three-year agreement gives the City numerous
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concessions and price breaks; and
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WHEREAS, the McConnell Foundation has approved a Grant of $40,000
for the City' s 1993 Independence Day Celebration; and
ji WHEREAS, the McConnell Foundation has indicated a preference for
retaining the same pyrotechnician, Fred May, who lives in Northern
California; and having San Diego Fireworks, Inc. be responsible for the
fireworks portion of the event; and
WHEREAS, attached hereto and incorporated herein by reference for
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i City Council' s consideration is a [general] Multiple Year Fireworks
Display Agreement with San Diego Fireworks, Inc. for the next three
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years where public displays of fireworks are produced, together with
'! the specific Fireworks Display Contract for July 4, 1993 ; and
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WHEREAS, under the terms of the Multiple Year Fireworks Display
Agreement, the City may cancel the Agreement upon 30 days' written
notice if it chooses to not present a public display of fireworks; and
WHEREAS, it is staff ' s recommendation that the City enter into the
following contracts with San Diego Fireworks, Inc. :
! 1 . A [general] Multiple Year Fireworks Display Agreement for the
next three years where public displays of fireworks are
produced by the City, PROVIDED THAT:
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( a) The cost of fireworks for the events are not expended
from City of Redding funds; and
(b) The City' s Director of Recreation and Parks and SDF
agree in writing as to who the pyrotechnician will be
for each year' s event; and
2 . A Fireworks Display Contract dated September 1, 1992, for the
July 4, 1993 , display, with the proviso that Fred May be the
pyrotechnician for the 1993 July 4th display;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the
City of Redding hereby approves the Multiple Year Fireworks Display
Agreement and the 9/1/92 Fireworks Display Contract for the July 4,
1993, display, subject to the conditions set forth in paragraphs 1 and
2 above.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is
hereby authorized and directed to sign said Agreement and Contract on
behalf of the City of Redding; and the City Clerk is hereby authorized
and directed to attest. the signature of the Mayor and to impress the
official seal of the City of Redding thereto.
BE IT FURTHER RESOLVED, pursuant to paragraph 7 of the Multiple
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Year Fireworks Display Agreement, that the Mayor and Clerk are hereby
authorized the sign the subsequent annual Fireworks Display Contracts
with San Diego Fireworks, Inc. , upon approval of the City Attorney, if
'i the City chooses to present public displays of fireworks.
I HEREBY CERTIFY that the foregoing Resolution was introduced and
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read at a regular meeting of the City Council of the City of Redding on
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the 20th day of October , 1992, and was duly adopted at said meeting by
the following vote:
AYES• COUNCIL MEMBERS: Anderson, Arness, Dahl, Kehoe & Moss
NOES: COUNCIL MEMBERS: None
!; ABSENT: COUNCIL MEMBERS: Norte
ABSTAIN: COUNCIL MEMBERS: None
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CHARLIE MOSS, Mayor
City of Redding
AT ST:
CONNIE STROHMAYER, C' Clerk
O APPROVED:
R DALL A. HAYS, C6ty Attorney
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Multiple Year Fireworks Display Agreement
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This agreement is between The City ofl Redding (The City) and San Diego
Fireworks, Inc. a California Corporation (San Diego).
It is the intent of The City to produce annual public displays of fireworks for the
entertainment of its constituents.
In producing these annual public displays,.The City will exclusively contract the
services of San Diego Fireworks, Inc. as the supplier of the fireworks products and
serivices.
The term of this agreement is for the next three (3) years where public displays of
fireworks are produced. The term of this agreement may not extend beyond seven (7)
j consecutive vears.
In consideration of the above concessions by The City, San Diego Fireworks will
concede the following:
1. A discount of five percent (5%) from the list price of the display. This
discount may be either in the form of a cash price reduction or as
additional products added to the event bill of materials.
2. Annual price increases for products and services are limited to a
maximum of 5%. The base p jice event will be the 1992 Bill of Materials.
Unless unforseen events occur in the industry, increases will track the
Consumer Price Index changes to a maximum of 5%.
3. Provide Choreographic and Synchronization services, as requested.
4. Design each years program to differentiate it from those produced in prior
years in terms of both music score and product selections. (Not all the
same)
5. Payment for each event will be made by The Ci-,y within 10 working days
subsequent to the display by San Diego.
6. The City, if it chooses to not present a public display of fireworks, may
cancel this agreement by giving 30 days written notice to San Diego at
P.O. Box 900186, San Diego, California 92190.
7. The City and San Diego shall enter into an Annual Fireworks Display
Contract during the life of this Agreement containing provisions
consistent with this Agreement as well as describing the display to be
provided.
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This agreement is entered into this day of 1992 at San
Diego, CA.
The City of Redding San Diego F' orks, Inc.
by by Ron Dixon
Title: Mayor Title: President
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ATTEST:
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CONNIE STROHMAYER, CITY CLERK
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,I FORM APPROVED:
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RANDALL A. HAYS, City Attorney
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SAN DIEGO FIREWORKS, INC. (619)583-6141
P. 0. BOX 203186 1-800-624-9360 (CA)
SAN DIEGO, CA 92120 FAX(619)583-6185
FIREWORKS DISPLAY CONTRACT
1. This contract, entered into this 1 st day of September, 1992, by and between SAN DIEGO FIREWORKS
(hereinafter SAN DIEGO FIREWORKS") and The City of Redding (hereinafter"CLIENT").
2. SAN DIEGO FIREWORKS agrees to provide CLIENT, in accordance with the terms and conditions set forth
herein, One (1) Fireworks display(s) as per program(s) 'A' submitted and accepted and made
a part hereof, including the services of a licensed pyrotechnician to take charge of and fire the display(s) with
q sufficient helpers. CLIENT shall pay SAN DIEGO FIREWORKS the sum of:
Forty Thousand and No/00s Dollars ($40,000.00)
for the performance of said displays(s) payable as follows:
50% Deposit with Contract, Balance Net 10 Days Following Display.
3. The display(s) shall be performed on the following date(s) July 4, 1993 at:
Monolyth Park Field
4. Cancellation by SAN DIEGO FIREWORKS: In the event SAN DIEGO FIREWORKS, in its sole discretion,
'J determines the weather conditions unfavorable on the date(s) set for the display(s), CLIENT shall pay
SAN DIEGO FIREWORKS ten percent (10%) of the contract price as a restocking fee and all costs incurred by
SAN DIEGO FIREWORKS including, but not limited to, technician fees, custom set piece and logo design,'
permit and insurance.
5. Cancellation by CLIENT: Should CLIENT decide to cancel the display(s), notice shall be given to SAN DIEGO
FIREWORKS no later than nine o'clock A.M. on the day(s) of the display(s). CLIENT shall pay SAN DIEGO
FIREWORKS ten percent (10%) of the contract price as a restocking fee and all costs incurred by SAN
,i DIEGO FIREWORKS including, but not limited to, technician fees, custom set piece and logo design,
permit and insurance.
6. Postponement: In the event of cancellation by SAN DIEGO FIREWORKS as provided in paragraph four
(4) herein, or cancellation by CLIENT as provided in paragraph five (5) herein, CLIENT shall not be liable
and responsible to pay SAN DIEGO FIREWORKS ten percent (10%) of the contract price as a restocking
fee and all costs incurred by SAN DIEGO FIREWORKS provided the parties agree to another date for the
display(s) prior to 9:00 A.M. on the day(s) of the display(s). CLIENT shall be liable only for the expenses
incurred by SAN DIEGO FIREWORKS due to the postponement.
7. CLIENT shal! assume the r:sk of weather or other causes bevond the control of SAN DIEGO FIREWORKS
which may affect or damage such portion of the fireworks which must be placed in position and exposed
a sufficient time before the scheduled commencement of the display(s).
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8. CLIENT shall furnish and provide at their own expense a suitable site and location. Suitability of any
proposed site is to be determined solely by SAN DIEGO FIREWORKS. If CLIENT proposes a site on
water, CLIENT shall furnish and provide, at their own expense, suitable floats or scows, including
provisions for towing and handling of same. The operations of SAN DIEGO FIREWORKS are
considered complete when the crew and equipment of SAN DIEGO FIREWORKS depart the site.
9. SAN DIEGO FIREWORKS agrees to furnish insurance coverage in connection with the display of fireworks
only, for the following amounts: Bodily Injury and Property Damage, including Products Liability: One
Million Dollars, Combined Single Limits.
FIREWORKS DISPLAY CONTRACT Page 1
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10. CLIENT shall provide adequate police or security services to prevent the public from entering the areas
designated solely by SAN DIEGO FIREWORKS for the firing of the display and fallout, before, during
and after the display until such time as released by the Pyrotechnic Operator-in-Charge. Any vehicles or
personal property within these areas shall be removed at the expense of CLIENT. Any damage to
i property and injuries or death to persons remaining within these areas shall be the sole responsibility
and liability of CLIENT. CLIENT shall indemnify, defend and hold harmless SAN DIEGO FIREWORKS
against such claims as provided in paragraph thirteen (13) herein. CLIENT shall also be responsible and
liable for any damage or theft of equipment or materials of SAN DIEGO FIREWORKS caused by the public.
11. CLIENT shall provide, at their own expense, any fire protection or fire personnel, if so required by any
local or state governmental authority.
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12. CLIENT shall pay SAN DIEGO FIREWORKS interest at the rate of 1%per month (or 12%annual) on any
outstanding balance of the contract price if payment is not made pursuant to the terms as provided in
paragraph two (2) herein.
'I 13. CLIENT shall indemnify, defend and hold harmless SAN DIEGO FIREWORKS and the property of SAN
DIEGO FIREWORKS 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 OT or is caused by an act, onoiss: r., Pegi ger v;e or miscon educt the p 't of C .ENT Or ano,of
CLIENTS officers, agents, servants, employees, contractors, guests, invitees or licensees. The
i 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 SAN DIEGO FIREWORKS.
�I SAN DIEGO FIREWORKS shall indemnify,defend and hold harmless CLIENT and the property of CLIENT
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
i� an act, omission, negligence or misconduct on the part of SAN DIEGO FIREWORKS or any of SAN DIEGO
FIREWORKS 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 CLIENT.
14. 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 contract, any court of competent jurisdiction located
in the City 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 contract,the prevailing party shall be entitiled to
reasonable attorney's fees and costs in addition to any other relief to which they may be entitled.
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15. It is further agreed that nothing in this contract shall be construed as forming a partnership,joint venture,
agency or any form of legal relationship other than contractual,the parties hereto being severally
responsible for their own separate debts, obligations and liabilities , and neither parry shall be responsible
for any agreements not stated in this contract.
16. The parties hereto do mutuaily and severally guarantee the terms, conditions and payments of this contract
and these provisions shall be binding on the parties and on their heirs, executors, administrators, successors
it and assigns.
IN WITNESS WHEREOF the parties hereto, by and through their duly authorized agents, have set their
'i hands and seals this 1st day of September, 1992 at San Diego, California.
The City of Redding S ;IEG70 IREOR , INC.
(Client)
BY BY U�
(Signature)
Ron Dixon, President
(Title) (Title)
FIREWORKS DISPLAY CONTRACT Page 2
BILL OF MATERIALS
PREPARED FOR
City of Redding
July 4, 1992
Program A
OPENING ANNOUNCEMENT:
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20 3" Titanium Flash Salutes
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MID-DISPLAY MINI-FINALES:
40 3" Special Effect Finale Shells
""Special Comet Barrage Sequence
AERIAL FIREWORKS DISPLAY:
40 3" Assorted Special Effects Aerial Shells
****All Comet Sequence
10 3" Assorted Deluxe Special Effect Aerial Shells
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95 4" Assorted Brilliant Color Aerial Shells
i 76 4" Assorted Fancy Pattern and Multiple Color Aerial Shells
56 4" Assorted Oriental Floral Pattern Aerial Shells
38 4" Assorted Special Effects Aerial Shells
20 4" Assorted Deluxe Special Effect Aerial Shells
48 5" Assorted Brilliant Color Aerial Shells
28 5" Assorted Fancy Pattern and Multiple Color Aerial Shells
20 5" Assorted Oriental Floral Pattern Aerial Shells
10 5" Assorted Special Effects Aerial Shells
4 5" Assorted Deluxe Special Effect Aerial Shells
20 6" Assorted Brilliant Color Aerial Shells
22 6" Assorted Fancy Pattern and Multiple Color Aerial Shells
12 6" Assorted Oriental Floral Pattern Aerial Shells
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'i BILL OF MATERIALS
PREPARED FOR
City of Redding
July 4, 1992
Program A
14 6" Assorted Special Effects Aerial Shells
12 6" Assorted Deluxe Special Effect Aerial Shells
""Including 6 Custom 5 Pointed Star Shells
12 8" Assorted Brilliant Color Aerial Shells
Ij 15 8" Assorted Fancy Pattern and Multiple Color Aerial Shells
10 8" Assorted Oriental Floral Pattern Aerial Shells
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4 8" Assorted Special Effects Aerial Shells
'! 2 8" Assorted Deluxe Special Effect Aerial Shells
11 12" Assorted Fancy Pattern and Multiple Color Aerial Shells
7 12" Assorted Oriental Floral Pattern Aerial Shells
1 12" Assorted Special Effects Aerial Shells
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LOW-LEVEL AND GROUND EFFECTS:
1 16 x 24 American Flag Set Piece in Brilliant Fire
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1 4 x 32 Freedom Festival Set Piece in Brilliant Fire
80 3/4" Gold Pearl Roman Candles
+i 80 3/4" Silver Flitter Froman Candies
I 80 3/4" Purple Pearl Roman Candles
36 1" x 9" Silver Flitter Gerb Fountains
24 1" x 9" Transformation Gold to Silver Gerb Fountains
18 ea Silvery Swallow Cakes
150 ea Bickford Ignitors
15 2" Silver Streak Roman Candles
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BILL OF MATERIALS
PREPARED FOR
City of Redding
July 4, 1992
Program A
15 2" Red Magnesium Roman Candles
900 1" Red, White and Blue Comets
16 1" Strobes
10 60' Bundles of Match
6 Gross Lance
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GRAND AERIAL FINALE:
100 3" Aerial Titanium Flash Salutes
100 3" Aerial Flash Salutes
80 3" Assorted Special Effects Finale Shells
****Special Comet Barrage Sequence
40 3" Assorted Brilliant Color Aerial Shells
40 3" Assorted Fancy Pattern and Multiple Color Aerial Shells
30 3" Assorted Oriental Floral Pattern Aerial Shells
60 4" Assorted Brilliant Color Aerial Finale Shells
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10 6" Assorted Special Pattern Aerial Finale Shells
2 12" Assorted Special Pattern Aerial Finale Shells
Total Price of Display: $40,000.00
Total Shells in Display: 1109
Total Devices in Display: 1432
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