HomeMy WebLinkAboutReso 1990-260 - Authorizing the mayor to sign the 1990 fireworks display 111
RESOLUTION NO. 747-,160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 1990
FIREWORKS DISPLAY AGREEMENT BETWEEN THE CITY OF REDDING AND
SAN DIEGO FIREWORKS FOR THE FIREWORKS DISPLAY AT THE
INDEPENDENCE DAY CELEBRATION BY THE CITY OF REDDING ON
JULY 4 , 1990 .
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IT IS HEREBY RESOLVED by the City Council of the City of
Redding as follows :
1 . That the City Council of the City of Redding hereby
approves the 1990 Fireworks Display Agreement between the City of
Redding and San Diego Fireworks in the amount of $30 ,000 for the
July 4 , 1990 , Freedom Festival Fireworks Display, a true copy of
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which is attached hereto and incorporated herein by reference .
2 . That the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement on behalf of the
City Council of the City of Redding, and the City Clerk is hereby
authorized and directed to attest the signature of the Mayor and
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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 5th day of June , 1990 , and was duly
adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum
NOES : COUNCIL MEMBERS : None
I ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
NANCY? FFUM, Mayor
City of Redding
ATTPTESST:: FOR PPROVED::r
0. ner-294
ETHEL A. NICHOLS , City Clerk RA DALL A. HAYS , C qty Attorney iqo
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SAN DIEGO FIREWORKS, INC. • • (619)583-6141
P.O. BOX 203186 1-800-624-9360 (CA)
SAN DIEGO, CA 92120 FAX(619)583-6185
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FIREWORKS DISPLAY CONTRACT
1. This contract, entered into this 8th day of May, 1990, 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)`B"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:
Thirty Thousand Dollars($30,000.00)
for the performance of said displays(s) payable as follows:
j ! 50%Deposit with Contract and Return of Multi-Year Agreement, Balance Net 10 Days Following Display.
3. The displays) shall be performed on the following date(s)July 4, 1990 at:
Monolith Park
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.
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. 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
'II 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
CLIENTS 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
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, therevaili partyshall be entitiled to
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reasonable attorney's fees and costs in addition toany a y 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 party 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
and these provisions shall be binding on the parties and on their heirs, executors, administrators, successors
I and assigns.
IN WITNESS WHEREOF the parties hereto, by and through their duly authorized agents, have set their
; hands and seals this 8th day of May, 1990 at San Diego, California.
I The City of Redding SAN DIEGO FIREWORKS, INC.
I (Client)
BY i - =.
BY -
(Signature) (Signature)
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Kevin T. Brueckner,Sales and Administrative Manager
(Title)
� (Title)
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FORM APPROVED
FIREWORKS DISPLAY CONTRACT Page 2
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CITY LEGAL D .
TA City of QeId!tg
presents
A fireworks Extravaganza!
9v(onoiitñ Park,
YuCy 4, 1990
grogram ""B "
An ECectronica((y,
CIioreograpIiei misplay
Based on a 3 }''ear Agreement
produced by
San Diego Fireworks, Inc.
Professional Service since 1946
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BILL OF MATERIALS
PREPARED FOR
City of Redding
July 4, 1990
Program B
Based on a 3 Year Agreement
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OPENING ANNOUNCEMENT:
20 3" Titanium Flash Salutes
MID-DISPLAY MINI-FINALES:
{ 288 1 7/8" Brilliant Color Aerial Finale Shells
AERIAL FIREWORKS DISPLAY:
84 3" Assorted Brilliant Color Aerial Shells
72 3" Assorted Fancy Pattern and Multiple Color Aerial Shells
36 3" Assorted Oriental Floral Pattern Aerial Shells
38 3" Assorted Special Effects Aerial Shells
10 3" Assorted Deluxe Special Effect Aerial Shells
260 4" Assorted Brilliant Color Aerial Shells
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
10 4" Assorted Deluxe Special Effect Aerial Shells
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56 5" Assorted Brilliant Color Aerial Shells
28 5" Assorted Fancy Pattern and Multiple Color Aerial Shells
14 5" Assorted Oriental Floral Pattern Aerial Shells
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BILL OF MATERIALS
PREPARED FOR
City of Redding
July 4, 1990
Program B
Based on a
3 Year Agreement
AERIAL FIREWORKS DISPLAY (Continued):
11 1!
1 8 5" Assorted Special Effects Aerial Shells
4 5" Assorted Deluxe Special Effect Aerial Shells
1 . 52 6" Assorted Brilliant Color Aerial Shells
24 6" Assorted Fancy Pattern and Multiple Color Aerial Shells
11 12 6" Assorted Oriental Floral Pattern Aerial Shells
16 6" Assorted Special Effects Aerial Shells
1! 6 6" Assorted Deluxe Special Effect Aerial Shells
10 8" Assorted Brilliant Color Aerial Shells
4 8" Assorted Fancy Pattern and Multiple Color Aerial Shells
6 8" Assorted Oriental Floral Pattern Aerial Shells
4 8" Assorted Special Effects Aerial Shells
12 12" Assorted Fancy Pattern and Multiple Color Aerial Shells
2 12" Assorted Oriental Floral Pattern Aerial Shells
LOW-LEVEL AND GROUND EFFECTS:
11
1 ea American Flag Set Piece in Brilliant Fire 10' X 20'
1 ea Freedom Festival Set Piece in Brilliant Fire 2' X 30'
1 ea Sponsor Logo Set Piece in Brilliant Fire 8' X 16'
80 ea 1" Gold Pearl Roman Candles
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BILL OF MATERIALS
PREPARED FOR
City of Redding
July 4, 1990
Program B
Based on a 3 Year Agreement
LOW-LEVEL AND GROUND EFFECTS (Continued):
80 ea 1" Silver Pearl Roman Candles
80 ea 1" Purple Roman Candles
144 ea Flashing Thunder Roman Candles
144 ea Magnolia Blossom Roman Candles
144 ea Chirping Oriole Roman Candles
40 3" Assorted Brilliant Color Mine Effects
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I'. GRAND AERIAL FINALE:
150 3" Aerial Titanium Flash Salutes
150 3" Assorted Brilliant Color Aerial Finale Shells
10 6" Assorted Special Pattern Aerial Finale Shells
2 12" Nishiki Kamuro Crown Chrysanthemum
! ! Total Price of Display: $30,000.00
! Total Shells in Display: 1558
Total Devices in Display: 715
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