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HomeMy WebLinkAboutResolution No. 08-081 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08-081 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AWARDING A BID AND EXECUTING AN AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND WESTERN 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, bids were advertised and opened on August 26, 2008; and WHEREAS, the Contractor is to provide aerial fireworks displays for the 2008 Veteran's Day Celebration and 2009 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 $30,000 per show, for a total not to exceed $60,000. 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 awards a bid, as identified in Exhibit "A", for two aerial fireworks displays to Western Enterprises, Inc. in an amount of $30,000 per show, for a total not to exceed $60,000. 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. passage. This resolution shall take effect immediately from and after its I',\.SS"ED ,\.1'lD ,\.I'I'ROV"ED by tbe City council oftbe City of The colony, 'teltas, this 15th daY of se-tet1lh~' :=- ~ ' A 1'1'ES1'~ /-l /' ( '. r I I " \ \. "L~ \f-' II C \.,x " Christie Wilson, 'tRMC, City SecretarY 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 two aerial fireworks Displays for the City, hereinafter referred to as "Display", at Stewart Creek Park, The Colony, Texas. The Display shall be fired on November 8, 2008 at approximately 6:30 PM and July 4, 2009 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. 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. 50-08-18, 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 safely 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, 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. 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 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. II. 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 per show. It is agreed that the City shall pay Western the amount of $30,000 within fifteen Q,5) days after the date of Display. If the City elects to take the early-payment option by May 15, 209&for the July 4th show, a 5% discount will apply toward the Agreement price of the Display. This amount ($1,500) 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. I ./ (". . s r Executed this ~ day of _..J (v/t. ,2008. Executed this k day of {)(!.:r: ,2008. .; CITY OF THE COLONY, TEXAS By: \)~~ Dale Cheatham, City Manager WESTERN ENTERPRISES, INC. ~ -;p . c-C/ ) By: J.i- r .., H _ S Y-~;>H{;IU ~""~NT:L Its: V. <-G f)I4-GS It) oNV-