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HomeMy WebLinkAboutResolution No. 07-051 CITY OF THE COLONY, TEXAS RESOLUTION NO. 07- 06/ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WESTERN ENTERPRISES, INC. IN THE AMOUNT OF $30,000.00 FOR PRODUCTION OF THE 2007 LIBERTY BY THE LAKE FIREWORKS SHOW; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves the CONTRACT WITH WESTERN ENTERPRISES, INC. IN THE AMOUNT OF $30,000.00 FOR PRODUCTION OF THE 2007 LIBERTY BY THE LAKE FIREWORKS SHOW. Section 2. That a true and correct copy of the Agreement is attached hereto and incorporated herein, as exhibit A. Section 3. behalf of the city. That the city manager is authorized to execute the Agreement on Section 4. passage. That this resolution shall take effect immediately from and after its PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 4th day of June. 2007. U2Ja~~ ( ~ Robert E. Hager, City A'-?t;rney ATTEST: r!~~ I~ Christie Wilson, TRMC, City Secretary APPROVED AS TO FORM: STATE OF TEXAS ~ ~ ~ FIREWORKS AGREEMENT COUNTY OF DENTON THE AGREEMENT is entered into on the date set forth below by and between Western Enterprises, Inc. ("Western"), 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. Western shall produce one aerial fireworks Display for the City, hereinafter referred to as "Display", at Stewart Creek Park, The Colony, Texas. The Display shall be fired on July 4, 2007 at approximately 9:30 PM. An alternate date and time, agreed upon by both parties, shall be used if the original firing Display date and time stated above are canceled due to inclement weather. 2. Western shall produce the Display as a service to the City. Western will provide the materials, equipment, labor, permits, and insurance as required by law and/or deemed necessary by Western for the successful completion of the Display as outlined in its bid specifications for Bid No. 50-06-08, which is incorporated herein by reference as if set forth in full. Western shall choreograph the Display to music provided by Western, if any. Western will not subcontract any portion of this contract to third parties. 3. City agrees, at its own expense, to provide Western with a suitable site to stage the Display, which must be clear of any and all people, vehicles and/or structures, acceptable to Western 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 Western to safety set up the Display on site. City shall mow and rake all grass and weeds in the firing site as determined by Western and the Fire Department. City shall provide a sound system for the playback of the music provided by Western. 4. Western 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 Western. Any claim arising from injury to unauthorized persons or damages to property left in the Display area are the sole responsibility of W estern. Western agrees to hold the City harmless from any such claim. The City agrees to handle securing the perimeter 30 minutes prior to and lasting until 30 minutes after the conclusion of the display. 5. Western 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. Western 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 Western only and does not extend to any aspect of the event at which the Display will be held. Western 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 Western harmless from all claims and suits made against Western 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 Western, as liquidated damages, 30% of the Display price and all costs incurred to that date by 1M 17145.76.000 Western 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 Western and the City. Neither party shall be 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 Western breaches this Agreement or is otherwise negligent in performing the Display provided for herein, City will not be entitled to recover monetary damages from Western beyond the amount city agreed to pay Western under this Agreement. City shall not, under any circumstances, be entitled to recover any consequential damages from Western. 11. The Agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns. 12. Western is an Oklahoma corporation and its federal ID number is 731007014. 13. Western shall produce the Display for $30,000.00. It is agreed that the City shall pay Western the amount of $30,000 within fifteen (15) days after the date of Display. If the City elects to take the early-payment option by June 12,2007, a 2.5% discount will apply toward the Agreement price of the Display. This amount ($750) can either be deducted from the total 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. 14. Western agrees to add an additional $2,400 worth of product to both the 2007 and 2008 fireworks shows to account for unfired product from the 2006 fireworks show. ,l1 ..,.- Executed this _ day of ,2007. Executed this ~ -day of Jt.<.Nc! ,2007. CITY OF THE COLONY, TEXAS Dale Cheatham, City Manager WESTERN ENTERPRISES, INC. 2~~ By: < I. . . c---- ;; ~. Sr. ",..eN ~r <- Its: V tc..... :A-ds loaN r- By: Western 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 Western and the City. Neither party shall be 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 Western breaches this Agreement or is otherwise negligent in performing the Display provided for herein, City will not be entitled to recover monetary damages from Western beyond the amount city agreed to pay Western under this Agreement. City shall not, under any circumstances, be entitled to recover any consequential damages from Western. 11. The Agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns. 12. Western is an Oklahoma corporation and its federal ID number is 731007014. 13. Western shall produce the Display for $30,000.00. It is agreed that the City shall pay Western the amount of $30,000 within fifteen (15) days after the date of Display. If the City elects to take the early-payment option by June 12,2007, a 2.5% discount will apply toward the Agreement price of the Display. This amount ($750) can either be deducted from the total price or utilized to purchase additional fireworks with which to enhance the Display. Unpaid accounts are subject to one percent (I %) interest charge per month after fifteen days. 14. Western agrees to add an additional $2,400 worth of product to both the 2007 and 2008 fireworks shows to account for unfired product from the 2006 fireworks show. Executed this 4th day of June ,2007. Executed this _ day of ,2007. CITY OF THE COLONY, TEXAS WESTERN ENTERPRISES, INC. By: gr~ eLL Dale Cheatham, City Manager By: Its: