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HomeMy WebLinkAboutResolution No. 2012-071 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012-071 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AWARDING A BID AND APPROVING THE TERMS AND CONDITIONS OF A FIREWORKS AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND ATLAS ENTERPRISES, INC. FOR TWO AERIAL FIREWORKS DISPLAYS, AS SPECIFIED IN THE AGREEMENT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City has determined it is in the best interest of the City to provide two aerial fireworks displays to promote the City and to enhance the quality of life for the citizens of The Colony; and WHEREAS, the Contractor is to provide aerial fireworks displays for the 2012 American Heroes and 2013 Liberty by the Lake events, as specified in the Agreement, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the City of The Colony is agreeing to pay an amount of$25,000 for the American Heroes and $35,000 for the Liberty by the Lake events for a total of $60,000 with an option to extend the contract for four additional years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Council of the City of The Colony extends the agreement, as identified in Exhibit "A", for two aerial fireworks displays to Atlas Enterprises, Inc. in an amount of$25,000 and $35,000 respectively, for a total of$60,000 with an option to extend the contract for four additional years. Section 2. The City Manager or his designee is authorized to issue appropriate purchase order(s) in accordance with the bid awarded and is hereby authorized to execute an Agreement on behalf of the City of The Colony, Texas. Section 3. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 2nd day of October, 2012. Ale * J%e McCou , Mayor ATTES : I ' At- IAL:Lej , Christie Wilson, City Secretary APPROVED AS TO FORM: (-- -)Sik,ANI'.5.- ,_ „. . Je f Moore, City Attorney ,, I _Ir,,10-fj STATE OF TEXAS § § FIREWORKS AGREEMENT COUNTY OF DENTON § THE AGREEMENT is entered into on the date set forth below by and between Atlas Enterprises,Inc. ("Atlas"), and the City of The Colony, Texas ("City"). For and in consideration of the covenants by and between the parties hereinafter set forth,the parties do hereby agree as follows: 1. Atlas shall produce two aerial fireworks Displays for the City, hereinafter referred to as "Display", at The Colony Five Star Complex and Stewart Creek Park, The Colony, Texas. The Display shall be fired on November 9, 2013 at approximately 7:00 PM and July 4, 2014 at approximately 9:30 PM. Alternate dates and times, agreed upon by both parties, shall be used if the original firing Display dates and times stated above are canceled due to inclement weather. 2. Atlas shall produce the Display as a service to the City. Atlas will provide the materials, equipment, labor, permits, and insurance as required by law and/or deemed necessary by Atlas for the successful completion of the Display as outlined in its bid specifications for Bid No. 50-12-10, which is incorporated herein by reference as if set forth in full. Atlas shall choreograph the Display to music provided by Atlas,if any. Atlas will not subcontract any portion of this contract to third parties. 3. City agrees, at its own expense, to provide Atlas with a suitable site to stage the Display, which must be clear of any and all people, vehicles and/or structures, acceptable to Atlas and the local authority having jurisdiction, to accommodate the normal firing and fallout of debris from the Display. City shall allow sufficient time and access to Atlas to safely set up the Display on site. City shall mow and rake all grass and weeds in the firing site as determined by Atlas and the Fire Department. City shall provide a sound system for the playback of the music provided by Atlas. 4. Atlas agrees, at its own expense, to provide suitable security adequate to prevent any access to the Display site prior to the show by members of the general public or persons not specifically approved by Atlas. Any claim arising from injury to unauthorized persons or damages to property left in the Display area are the sole responsibility of Atlas. Atlas agrees to hold the City harmless from any such claim, except a claim that occurs between 30 minutes prior to and lasting until 30 minutes after the conclusion of the display. The City agrees to handle securing the perimeter 30 minutes prior to and lasting until 30 minutes after the conclusion of the display. 5. Atlas shall not fire the Display if so instructed not to by the local authority having jurisdiction. The City agrees to have a fire truck available on location during the display. 6. Atlas agrees to provide liability insurance coverage in the amount of$5,000,000.00 for bodily injury and property damage, plus worker's compensation insurance for all its employees. This insurance covers the operations of Atlas only and does not extend to any aspect of the event at which the Display will be held. Atlas will list Sponsor, Land Owner, and City as an additional insured on its insurance policies. Should the City fail to perform its obligations as set forth herein, City agrees to indemnify, defend and hold Atlas harmless from all claims and suits made against Atlas in conjunction with the Display. 7. City shall have the option to cancel the Display at any time. If City cancels, City agrees to pay Atlas, as liquidated damages, 30% of the Display price and all costs incurred to that date by Atlas including, but not limited to, permits, insurance, preparation labor, transportation, design, per diems, etc. 8. This Agreement shall be governed by the laws of the State of Texas. It is agreed that any court of competent jurisdiction within Denton County, Texas shall be proper venue for any action. Should such action be brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which they may be entitled. 9. Nothing in this Agreement shall be construed as forming a partnership,joint venture, agency or any form of legal relationship, other than contractual, between Atlas and the City. Neither party shall he held responsible for any agreements nor obligations not expressly provided for herein and shall be severally responsible for their own separate debts and obligations. 10. City agrees that in the event Atlas breaches this Agreement or is otherwise negligent in performing the Display provided for herein, City will not be entitled to recover monetary damages from Atlas beyond the amount city agreed to pay Atlas under this Agreement. City shall not, under any circumstances,be entitled to recover any consequential damages from Atlas. 11. The Agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns. 12. Atlas is a Texas corporation and its federal ID number is 75-0971659. 13. Atlas shall produce the Display for $25,000.00 for the 11/9/13 show, and $35,000.00 for the 7/4/14 show. It is agreed that the City shall pay Atlas 50% of the 11/9/13 show cost on or before October 7, 2013, and the balance due for that show by the date of that show. It is agreed that the City shall pay Atlas 50% of the 7/4/14 show cost on or before December 1, 2013, and the balance due for that show by the date of that show. Unpaid accounts are subject to one percent (1%) interest charge per month after fifteen days. (14 Executed this:,?/ day of S (, 2013. Executed this 1:5 `day of A 4L S7, 2013, CITY OF THE COLON XAS ATLAS ENTERPRISES, INC. By: i,/ �// By: 4 Troy 'owel 1, Manager S T v F2 4-Afz- Its: C16-j,./ 4