HomeMy WebLinkAboutAgenda Report - November 17, 1999 E-11CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Authorize The City Manager To Execute An Agreement With Whyte House Productions For
The New Millennium Year -End Event
MEETING DATE: November 17, 1999
PREPARED BY: City Clerk
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute an agreement
with Whyte House Productions for the new millennium year-end event.
BACKGROUND INFORMATION: The agreement with Whyte House Productions covers a series of activities,
including a spectacular fireworks show, for this new millennium year-end
event. This celebration, which is geared towards families and children, will
be held in Downtown Lodi on Friday, December 31, 1999 between 4:00 —
7:00 p.m. Attached for Council's review is the agreement with Whyte House Productions.
FUNDING: $15,000.00 from the Contingency Fund Note: The Contingency Fund to be reimbursed
upon receipt of revenues from the sale of
gift packs and from donations.
AMRfjmp
Vicky McAthie, inance Director
Alice M. Reimche
City Clerk
APPROVED:
H. l�xon F nn - City Manager ,
CITY OF LODI, "MILLENNIUM KIDS NIGHT OUT"
phis Agrcemeni is made effective as ofNovember 1, 1999, by and between City of Lodi,
of 305 West Pine Street, Lodi, California 95240, and WhyteHouse Productions. of 306
Fast Main Street, Suite 310, Stockton, California 95202.
in this Agreement, the party who is contracting to receive services shall be relerred to as
"City of i.odi", and the party who will be providing the services shall be reli=ed to a,
"WIMP".
WI IP has a background in Special event production and promotion and is willing it)
provide services to City of Lodi based on this background.
City of Lodi desires to have services provided by WHP,
Therefore, the parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on August 02, 1999, WHY will provide
the following services (collectively, the "Services"): Consultation with Year 2000
committee on the proper methods to produce the event, recommendations on how to
coordinate the event, all resources and knowledge on how to effectively produce and staff
the event, reconunendations on how to make the event successful, recommend methods
for cost contml, recommendations for promoting the event, sub -contract a licensed
pyrotechnical company (Boom Boom Productions) to produce an event endin6 fireworks
show, sub -contract a company (In Any Even) to provide approved children's activities
and hiring children's entertainment (To be named). WHP will also be on site during load
in and the event to supervise production. Event to be staffed by volunteers.
2. PERFORMANCE OF SERVICES. The manner in which the Services are to be
performed atxi the specific hours to be worked by WHP shall be determined by WHY.
City of Lodi will rely on WIPP to work as many hours as may be reasonably necessary to
fulfill WHP's obligations under this Agreement.
3_ PAVMFNT. City of Lodi will pay a fix to WHP for the Services in the amount of
$15,000.00. This fee shall be payable according to the following schedule: $7,500.00 on
November 15. 1999 and $7,500.00 on December 31, 1999. The following is included in
the cost of $15,000.00: Pyrotechnical Show; Children's Activities; Children's
Entertainment and W11P's fee. See proposal submitted for details of the activities.
4. EXPENSE REIMBURSEMENT. WIIP shall be entitled to reimbursement from
City of Lodi for all approved "out-oPpocket" expenses. City ofLodi will be invoiced liar
photocopies at $0.09 per copy; postage at face value; and long distance phone charges at
lace value. Any additional expenses to be incurred will need signed approval from City
of Lodi staff.
Page 1 of 3
S. SUPPORT SERVICES. City of Lodi and the Year 2000 committee will provide the
following support services for the benefit of WHP: volunteer stalTas recommcnded by
WHP and City of Lodi staff as the need arises.
6. TERM/TERM]NATION. This Agreement shall terminate automatically upon
completion by WI IP of the Services reyuwcd by this Agreement.
7. RELATIONSHIP OF PARTIES. It is understood by the parties that WI IN is un
independent contractor with respect to City of Lodi, and not an employee of City ol'Lodi.
City ol'Lodi will not provide fringe benefits, including health insurance benefits, paid
vacation, or any other employee benefit, Ibr the benefit of WHY.
li. EMPLOYEES. WHP's employees, if any, who perform services for City of Lodi
under this Agreement shall also be lx)und by the provisions of this Agreement.
9. NOTICES. All notices required or permitted under this Agreement shall he in
writing and shall be deemed delivered when delivered in person or deposited in the
United States mail, postage prepaid, addressed as follows:
IF for City of'Lodi:
City ofLodi
305 West Pine Street
Lodi, California 95240
1F 1br WHY:
Whyteliouse Productions
Steven Whyte
Owner
306 East Main Street, Suite 310
Stockton, California 95202
Such address may be changed from time to time by either party by providing written
notice to the outer in the manner set forth above.
10. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties and there are no other promises or conditions in any other agreement whether oral
or written. This Agreement supersedes any prior written or oral agreements between the
paries.
11. AMENDMENT. This Agreement maybe modified or amended i1"the amendment is
Page 2 of 3
made in writing and is signed by both parties.
12. SEVERABILITY. If any prevision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provision; shall continue to be valid and
enforceable. 11'a court finds that any provision of this Agreement i invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable,
then such provision shall he deemed to be written, construed, and enforced as �,o limited.
13. WAIVER OF CONTRACTUAL RIGHT. The failure ol'cither party to enforce
any provision of this Agreement shall not be construed as a waiver or limitation of that
party's right to subsequently enforce and compel strict compliance with every Provision
of this Agreement.
14. APPLICABLE LAW. This Agreement shall be governed by the laws of the State
of California.
Party receiving .wrvices:
City of Lodi
By:
H. Dixon Flynn, City Manager
Party providing services:
WhyteHouse Productions
BY: _
Steven Whyte
Owner
Page 3 of 3
Approved as to form:
Pu3�a11 A_ Ha �—
ys
City Attorney
Attest:
Alice M. Reimche
City Clerk
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PINEST. k '
(LAK ST
LEGEND f
QTHOT CHOCOLATE —1
HOT CIDER
I l BARRICADE LOCATIONS
EVENT AREA - PUBLIC
li RESTROOMS
FIREWORKS FIRING ZONE `
OFF LIMITS TO PUBLIC 1
CITY OF LODI -YEAR 2010 COMMITTEE
EVENT: MILLENNIUM KIDS NIGHT OU"f
F DATE DRAWN: 10/21/99
TENT COVER:
LIGHTING:
SEATING:
SUB -CONTRACTORS
1N ANY EVENT - ACTIVITIES
BOOM BOOM PROD. - FIREWORKS
...............
(FILE: \LODIY2K.FP3 _
Whyteiiouse Productions
3M FJ%& Mam!k , Su 31f). Slkn 95202
office: 204-167800; Naz 209-467.6341
email: whywyrUaiweachc4m -_