HomeMy WebLinkAboutOrdinance No. 03-1451 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH WESTERN ENTERPRISES, INC. FOR JULY 4TM FIREWORKS
DISPLAY; ATTACHING THE APPROVED FORM OF CONTRACT AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of the City of The Colony, Texas is hereby authorized
to execute on behalf of the City a contract with Western Enterprises, Inc. for July 4th Fireworks
Display. The approved form of contract is attached hereto as Exhibit "A", and made a part hereof for
such purposes.
SECTION 2. This Ordinance shall take effect immediately from and after its passage bythe
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 5th day of May 2003.
Patti A. Hicks, City Secretary
APPROVED AS TO FORM:
City Attorney// /
FIREWORKS PRODUCTION CONTRACT
1. This Contract is entered into this _~""~ day of ~~,~.~j~. , 20 ~._~, by and between WESTERN
ENTERPRISES, INC., designated hereto as the "SELLER"~)tand the CITY OF THE COLONY, designated
hereto as the "PURCHASER" for a fireworks production to be held on JULY 4, 2003.
2. SELLER will secure, prepare and deliver said fireworks as outlined, or will make necessary substitutions of
equal or greater value. SELLER will include the services of a Pyrotechnic Operator to take charge of, set up
and fire the display, along with such help as he deems necessary to perform the fireworks display safely, and in
accordance with such Federal, State or Local laws that might be applicable.
3. SELLER agrees that the Operator and Assistant(s) are to check the display area after the presentation of the
fireworks display for any "duds" or other material, which might not have ignited. Any such material, found by
any person other than the Operator, shall be turned over to the Operator for safekeeping or disposal or: said
material.
4. PURCHASER will furnish the secured minimum safety distances established by the SELLER at~er an on-
site inspection of the proposed firing location. PURCHASER will provide adequate police protection and/or
other adequate security to maintain these distances. PURCHASER also agrees to have a fire truck available on
location during the display.
5. A Certificate of Insurance covering the fireworks display will be provided by the SELLER upon signing of
the contract, for coverage in the 'amount of FIVE MILLION DOLLARS ($5,000,000.00) broad form, bodily
injury and property damage liability, Statutory Workers Compensation Coverage, Comprehensive Automobile
Liability in the amount of FIVE MILLION DOLLARS ($5,000,000.00) Combined Single Limit.
PURCHASER agrees to provide a complete list of all additional insureds to be named on the certificate.
6. It is agreed and understood that the PURCHASER will pay to the SELLER the sum of TWENTY FIVE
THOUSAND DOLLARS & NO/100 ($25,000.00) to be paid within fiReen (15) days after the date of the
display. If the PURCHASER elects to take the early-payment option by May 1, 2003, a 5% discount will
apply toward the contract price of the show. This amount ($1,250) can either be deleted from the total
contract price or utilized to purchase additional fireworks with which to enhance the display. Unpaid
accounts are subject to one percent (1%) interest charge per month after fifteen days.
7. In the event of inclement weather or other adverse conditions, so as to cause postponement of the display it is
agreed and understood that PURCHASER will notify SELLER regarding the postponement date, normally the
following mght, or at some future date within the calendar year. If tho PURCHASER will not re-schedule the
display within the calendar year, or completely cancels the display, the PURCHASER agrees to pay to the
SELLER thirty percent (30%) oftbe cost of the display ($7,500.00). It is understood and agreed that SELLER
shall be solely responsible for failure of the performance of the fireworks display for any reason under
SELLERS control.
8. Wi.mess whereof, we have caused our signatures to be affixed to this Document, on this ~.~ day of
WESTERN ENTERPRISES, INC. CITY OF THE COLONY
SELLER PURCHASER
autho~zed a~ent ~ -~. BY: au'~horized agent