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Home My WebLink AboutReso 92-222 - Approve & Authorize the mayor to sign the Fireworks display contract dated 05/07/92 between the COR & San Diego Fireworks, Inc for July 4, 1992 fireworks display at Monolith Park Field i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIREWORKS DISPLAY CONTRACT DATED MAY 7, 1992, BETWEEN THE CITY OF REDDING AND SAN DIEGO FIREWORKS, INC. FOR THE JULY 4, 1992, FIREWORKS DISPLAY AT THE MONOLITH PARK FIELD. WHEREAS, on April 17, 1990, by Resolution No. 90-182, the City Council approved a Multiple Year Fireworks Display Agreement with San Diego Fireworks, Inc. for the promotion and presentation of the Independence Day Celebration of the City of Redding for 1990, 1991 and 1992; and WHEREAS, presented herewith for City Council's consideration is the specific Fireworks Display Contract for 1992; NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves the May 7, 1992, Fireworks Display Contract with San Diego Fireworks, Inc. , a true copy of which is attached hereto and incorporated herein by reference. i BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby t authorized and directed to sign said 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. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 19th day of May, 1992, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Anderson, Arness, Kehoe & Moss NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None CHARLIE MOSS, Mayor ATT ST: J FO PROVED: r CONNIE STROHMAYER, Il, ity Clerk L A. HAYS, City Attorney SAN DIEGO FIREWORKS, INC. (619)583-6141 P. 0. BOX 203186 O1-800-624-9360 (CA) SAN DIEGO, CA 92120 FAX(619)583-6185 FIREWORKS DISPLAY CONTRACT 1. This contract, entered into this 7th day of May, 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 sufficient helpers. CLIENT shall pay SAN DIEGO FIREWORKS the sum of: Forty Thousand 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, 1992 at: Monolith Park Field 4. Cancellation by SAN DIEGO FIREWORKS: In the event SAN DIEGO FIREWORKS, in its sole discretion, 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 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 shall assume the risk of weather or other causes beyond 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). 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 10. CLIENT shall provide adequate por security services to prevent the publi entering the areas designated solely by SAN DIEGO*EWORKS for the firing of the display an , out. Any vehicles or personal property within these areas shall be removed at the expense of CLIENT. Any damage to personal 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. 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. 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 of or is caused by an act, omission, negligence or misconduct on the part of CLIENT or any of CLIENT'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 SAN DIEGO FIREWORKS. 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 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 7 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 i reasonable attorney's fees and costs in addition to any other relief to which they may be entitled. 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 mutually and severally guarantee the terms,conditions and payments of this contract a and these provisions shall be binding on the parties and on their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties hereto, by and through their duly authorized agents, have set their hands and seals this 7th day of May, 1992 at San Diego, California. The City of Redding SA IEG FIREWORKS, INC. (Client) 71 BY BY (Signature) "jSi ature) Kevin T. Brueckner, General Manager (Title) (Title) FORM APPROVED FIRE O r S DISPC)LAYOCONTRACT Page 2