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HomeMy WebLinkAboutCC 6 4TH FIREWORKS 04-05-93CONSENT CALENDAR NO. 6 AGE NDA"-.� 4-5-93 DATE: March 30, 1993 Inter -Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY SERVICES DEPARTMENT SUBJECT: FOURTH OF JULY FIREWORKS CONTRACT Authorize the City Manager to sign an agreement for $8,000 with Lantis Fireworks, to provide a pyro-musical show for the 1993 Fourth of July Celebration. The cost of the pyro-musical show is $8,000. This amount has been included in the budget. The sound system for the show is an additional cost of $1,600 and the entertainment contract is for $1,800. Both of these contracts are addressed under separate agreements. Planning is currently underway to produce the annual July Fourth Celebration. Staff recommends that the contract be awarded to Lantis Fireworks. The contract includes the services of a licensed pyrotechnic operator, the County of Orange permit fee of $91.00, one million dollars liability insurance naming the City of Tustin as additionally insured, sales tax and delivery. The contract provided by Lantis Fireworks has been reviewed and amended by the City Attorney. Staff solicited bids from four companies; Lantis Fireworks, Pyro- Spectaculars, Zambelli International, and San Diego Fireworks. Zambelli International did not submit a bid and San Diego Fireworks submitted their bid too late to be considered. Both bids received were for $8,000. A bid summary follows: Vendor Program Display Lantis Fireworks "Salute to American Music" 268 shells 22 minutes 7 set pieces Pyro-Spectaculars "Celebrate America" 204 shells 17-19 minutes 5 set pieces Staff recommends that Lantis Fireworks be awarded the contract for the pyro-musical show for the following reasons: ► Lantis Firework's proposal includes more shells. In addition, the Lantis proposal includes 10 more 5" shells than Pyro-Spectaculars. ► The Lantis Fireworks show is 3-5 minutes longer. ► Lantis Firework's bid includes the $91.00 County Permit fee whereas Pyro-Spectacular's bid does not. ► Bids were due February 12. The Lantis bid was received on time while the Pyro-Spectacular was dated February 25. The Tustin Unified School District has approved the application for use of the school grounds at Tustin High School. Staff recommends that the School District be named co-sponsor of the event due to support they have provided. Pyro-Spectaculars has provided the City with excellent fireworks shows in the past. This year Pyro-Spectaculars is unable to provide the same quantity of fireworks within budget. Rather than offering an abbreviated program, staff recommends awarding .the contract to Lantis Fireworks. Staff contacted several references provided by Lantis Fireworks. Their shows were rated "very good" with professional personnel. After award of contract staff will finalize entertainment for the event. Council will be updated as plans progress. Ga Ma ' 1 Recreation Supervisor 6IJI!T U.92 Susan M. Jone Recreation Superintendent FIREWORKS DISPLAY CONTRACT AND PURCHASE ORDER THIS CONTRACT, entered into this 4th day of March, 1993 by and between LANTIS PRODUCTIONS INC (hereinafter referred to as LANTIS), and the City of Tustin of Tustin, CA (hereinafter referred to as "CLIENT"). WITNESSETH: LANTIS agrees to furnish the CLIENT, in accordance with the terms and conditions hereinafter set forth, a Fireworks Display Show as per our proposal made a part hereof, including the services of a licensed Operator to take charge of and fire the Display. CLIENT shall pay LANTIS the sum of Eight Thousand and No/100 ($8,000.00) DOLLARS, in United States currency, according to the following terms and conditions: 1. Due upon execution of contract $4,000 2. Check due time of show $4,000 All sums due herein shall be mailed directly to the corporate offices of Lantis Productions Inc., P.O. Box 491, Draper, Utah 84020, unless other directed in writing. _ NOTE: Balance due at time of show must be given to the authorized representative of LANTIS before said show will be commenced. The said display is hereby scheduled to be performed on JULY 4, 1993. The display may be cancelled by CLIENT up to ten (10) days before display's date. At this time only the cost of the set pieces (if applicable) and permit fees will be paid for by CLIENT. If for weather or other reason the display shall be cancelled in the ten-day period, the only cost to the customer will be one half of the total show. If the scheduled presentation of the show is delayed due to adverse weather conditions,.or other circumstances beyond the reasonable control of either LANTIS or CLIENT, each shall bear an equal share (i.e., 50%) of all "out-of-pocket" expenses incurred by LANTIS due to the delay. Such expenses shall include, but shall not be limited to, additional lodging, meals, pyro fees, permits, and vehicle and equipment rentals incurred by authorized representatives of LANTIS necessary to presentation of the show. CLIENT hereby agrees that any show so delayed must be presented within 10 days of the originally scheduled date without incurring additional expenses beyond those detailed in the paragraph above. If the presentation of the show is delayed beyond ten (10) days from the originally scheduled date, this contract shall be subject to renegotiation between LANTIS and CLIENT. 1 CLIENT agrees to provide and furnish a suitable place to display the said fireworks, and to secure all police, fire, local and state permits, and to arrange for any security bonds as required by law in their community when necessary, and agrees to furnish necessary police, fire and sponsor's protection, for proper crowd control, auto parking and proper supervision in clearing of debris after the display. For your convenience we will secure all permits as required. Any vehicles or personal property located within the designated firing area shall be removed at the CLIENT'S Expense. Any damage or destruction of vehicles or personal property left remaining in the designated firing area shall be the sole responsibility of the CLIENT. CLIENT shall also be liable for damage or theft of LANTIS equipment caused by the general public while any such equipment is located at the designated firing area. LANTIS shall provide insurance coverage for the following amounts and specified risks only: Bodily Injury and Property Damage, including Product Liability of $1,000,000.00. Under the provisions of our insurance coverage, this protection shall be extended to the show sponsor only upon receipt by LANTIS of a properly executed original copy of this contract. It is agreed that this contract shall be governed by the laws of the State of Utah. Should any legal action be brought to enforce or interpret the terms or provisions of this Contract, any court of competent jurisdiction, located in the City of Salt Lake, shall be proper venue for such an action. Interest at 1 1/2% per month (AN ANNUAL PERCENTAGE RATE OF EIGHTEEN PER CENT PER ANNUM A.P.R. 18%) will be charged on all accounts past due, and the Client agrees to pay the same. If any legal action is brought to enforce or interpret the terms or provision of this Contact, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief they may be entitled to. It is further agreed that nothing in this Contract shall be construed as forming a partnership, the parties hereto being severally responsible for their own separate debts and obligations, and neither party shall be held responsible for any agreement not stated in this Contract. The parties hereto do mutually and severally guarantee the terms, conditions and payments of this Contract and these articles shall be binding on the parties themselves and on their heirs, executors, administrators, successors and assigns. CLIENT further warrants that the signature affixed hereto on their behalf is properly authorized to execute such documents and incur such obligations on behalf of the CLIENT. 2 IN WITNESS WHEREOF, the parties hereto, by and through their duly authorized agents, have set their duly authorized signatures and seals the dates and places indicated below. LANTIS Executed on behalf of LANTIS PRODUCTIONS INC. this 4th day of March, 1993, at Salt Lake City, UT. Lantis Productions Inc. by: David Taylor Its: Sales Manager CLIENT Executed on behalf of the City of Tustin this day of , 19 , at Tustin, CA. Client: City of Tustin by: William A. Huston Its: City Manager 3 ADDENDUM TO CONTRACT This Addendum to Contract is hereby made a part of a Contract dated March 4, 1993, by and between LANTIS PRODUCTIONS, INC., and the City of Tustin of Tustin, CA: 1) Lantis Productions, Inc. will provide the City with a Certificate of Insurance in the form attached hereto from our insurance carrier, Lloyd's of London, within thirty (30) days of Lantis Production, Inc.'s receipt of a signed contract and deposit check. The Certificate will indicate the scheduled show date (which can be amended) and will name the City and any additional required parties as a named insured. The Policy provides combined coverages for Bodily Injury and Property Damages with a limit of $1,000,000 per accident with a $$1,000,000 aggregate. 2) The Contract provision relating to venue be amended to read that in the event Lantis Productions, Inc. brings suit to enforce payment of sums due under this contract, the proper venue be a Court located in Salt Lake City, Utah. In the event that the City of Tustin bring suit to enforce some provision of this Contract, the proper venue would be the appropriate court in California. Accep ed t s 19th day of March, 1993 on iehal of La\itis Productions, Inc., by Accepted this on behalf of the City by: Name.• Title: day of 1993 of Tustin, California, G3-23-93 01:40PM FROM ROURKE.IOODRUFF,SPRA TO TUSTIN CITY HAN P003/004 . ^ CITY OF TUSTIN CERTIFICATE OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED NO MODIFICATIONS OR ADDITIONS MAY BE MADE TO THIS FORM. Tot CITY OF TUSTIN PROJECT - 300 Centennial Way Tustin, CA 92680 1Description of Operations/Locations/Vehicles/Speciat Items is certified that a waiver of subrogation ix hereby issued to the City of Tustin as pertains to the terms of all Workers Conponaatit ,surance. The issuing company will give thirty (30) days Written notice to the City of Tustin prior to modifiention or cancellation DATE IGCUOD: Authorixtd Representative of the above-named insurance company(ies JGR:kbg:R:7/30/9O(a\72) COMPANIES AFFORDING COVERAGE NAME AND ADDRESS of INSURED CONTRACTOR: Company Letter A Company Lotter B Caipany Letter C NAME AND ADDRESS OF INSURANCE AGENCYt Company Letter n Coupony Letter E Th ie is to certify that the policies of insurance listed below hove been issued to the insured named above, are in force ei this time that the City of Tustin is a named additional insured thereon as respects claims arising in connection with the hereinabove named Project and that such insurance, shall be primary With respect to any other insurance in force procured by the City of Tustin. Type of Policy Policy Effective Policy Expiration All Limits In Thousands NCo Ltr Insurance Number Dot* Date ENERAL LIABILITY General Acoregare S Prods-Comp/Ops Agg, It E I Commercial Can Liability C I Claims Made E I OCC. Pers. 8 Advil Injury S ( 1 Owneros It controeters Protective Each Occurrence S fire Damage S I ] (Any One Fire) ( ) Medical Expense S (Any One Person) UTOMOSILE LIABILITY CSL s I I Any Auto Bodi y Injury S C ) All Owned Autos (Per Person) Bodily Injury x ( I scheduled Autos [ I Hired Aurae Per Occurrence Property S ( I Non -owned Autos - - I I Garage Liability t) LIABILITY EACH OCCURRENCE AGGREGATE [ I Umbrella Fore S S 1%CESS t ) Other Than umbrella Form KERS COMPENSATION AND statutory EMPLOYERS LIABILITY % Each Accident S Disease -Policy Limit S Diseace-Each Employ" 7HER 1Description of Operations/Locations/Vehicles/Speciat Items is certified that a waiver of subrogation ix hereby issued to the City of Tustin as pertains to the terms of all Workers Conponaatit ,surance. The issuing company will give thirty (30) days Written notice to the City of Tustin prior to modifiention or cancellation DATE IGCUOD: Authorixtd Representative of the above-named insurance company(ies JGR:kbg:R:7/30/9O(a\72)