File #: 24-0652    Name:
Type: Consent Item Status: Agenda Ready
File created: 4/12/2024 In control: City Council
On agenda: 4/16/2024 Final action:
Title: APPROVE AN AGREEMENT BETWEEN THE CITY OF REDONDO BEACH AND PACIFIC MARITIME GROUP, INC. REGARDING PACIFIC MARITIME GROUP'S ASSUMPTION OF LIABILITY FOR ANY FAILURE TO PROVIDE BARGE SERVICES NECESSARY FOR THE EXECUTION OF THE FIREWORKS DISPLAY AS STIPULATED IN THE AGREEMENT WITH GARDEN STATE FIREWORKS APPROVE A REVISED AGREEMENT WITH GARDEN STATE FIREWORKS FOR PRODUCTION OF THE CITY'S 2024 FOURTH OF JULY FIREWORKS DISPLAY
Attachments: 1. Administrative Report, 2. Agreement with Pacific Maritime Group (Barge Subcontractor) 041624 f, 3. Agreement with Garden State Fireworks 041624 f
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To: MAYOR AND CITY COUNCIL
From: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER

TITLE
title
APPROVE AN AGREEMENT BETWEEN THE CITY OF REDONDO BEACH AND PACIFIC MARITIME GROUP, INC. REGARDING PACIFIC MARITIME GROUP'S ASSUMPTION OF LIABILITY FOR ANY FAILURE TO PROVIDE BARGE SERVICES NECESSARY FOR THE EXECUTION OF THE FIREWORKS DISPLAY AS STIPULATED IN THE AGREEMENT WITH GARDEN STATE FIREWORKS

APPROVE A REVISED AGREEMENT WITH GARDEN STATE FIREWORKS FOR PRODUCTION OF THE CITY'S 2024 FOURTH OF JULY FIREWORKS DISPLAY
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EXECUTIVE SUMMARY
On April 9, 2023, the City Council approved an agreement with Garden State Fireworks (GSF) for the production of the City's 2024 Fourth of July Fireworks Display. The final, approved motion included the provision that the Agreement include the City of Redondo Beach as a third-party beneficiary to ensure the City was covered in the event of non-performance of barge services by Pacific Maritime Group. GSF did not accept these terms.

The City Attorney's Office has been able to negotiate an independent agreement with Pacific Maritime Group in which they assume liability for non-performance of barge services associated with the production of the Fourth of July Fireworks Display. Additional changes are also recommended to the GSF Agreement to change applicable dates, remove reference to the third-party coverage in their subcontractor agreement with Pacific Maritime Group, and references to "volunteers" in Exhibit D.

Staff recommends approving the Agreement with Pacific Maritime Group as well as the approval of the updated terms for inclusion in the GSF Agreement.

BACKGROUND
In order to achieve the spirit of the motion adopted on April 9, 2023, the City Attorney's Office negotiated an Agreement with Pacific Maritime Group to assume any liability associated with the non-performance of barge services associated with the City's Fourth of July Fireworks Display. GSF did not agree to the amendments to the GSF Agreement as modifie...

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