To: MAYOR AND CITY COUNCIL
From: CAMERON HARDING, COMMUNITY SERVICES DIRECTOR LUKE SMUDE, ASSISTANT TO THE CITY MANAGER CRISTINE SHIN, SENIOR DEPUTY CITY ATTORNEY
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DISCUSSION AND POSSIBLE ACTION REGARDING THE AGREEMENT WITH GARDEN STATE FIREWORKS FOR PRODUCTION OF THE CITY'S 2024 FOURTH OF JULY FIREWORKS DISPLAY
IF THE GARDEN STATE AGREEMENT IS APPROVED, ADOPT BY TITLE ONLY, RESOLUTION NO. CC-2404-023 OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AUTHORIZING A 2023-2024 FISCAL YEAR BUDGET MODIFICATION APPROPRIATING $115,532.84 FROM THE UNALLOCATED TIDELANDS FUNDS FOR THE 2024 FOURTH OF JULY FIREWORKS DISPLAY
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EXECUTIVE SUMMARY
On February 6, 2024, the City Council authorized staff to begin negotiating an agreement with Garden State Fireworks (GSF) to produce the City's Fourth of July fireworks display in the harbor. During agreement negotiations, three areas of concern were discovered. First, GSF was not registered with the Secretary of State. This issue has since been remedied. Second, while GSF agreed to subcontract for the barge needed to launch the fireworks, GSF has asked the City to assume liability if the barge fails to perform. Meaning the City would not have a clear way to recover costs if the subcontractor did not fulfill its duties. Third, GSF has indicated that it is unable to provide the required insurance policy until it receives a fully executed agreement. Alternatively, it is standard City policy to require the insurance policy upfront and prior to approval of an agreement as a way to verify coverage.
The City Attorney's Office has conducted extensive review of the contract throughout the negotiation and has provided their feedback regarding the elements of the contract that do not comply with standard City terms.
City Council direction is needed on whether to enter into an agreement with GSF that requires the City to subcontract for the barge ...
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