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Home My WebLink AboutCC 4 4TH JULY FIREWKS 04-17-89CONSENT CALEN DAR No. 4 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COld, UNITY SERVICES· OEPARll~ENT FOURTH OF JULY FIREWORKS AGREEMENT ..i J RECOMMENDATION m i ii i Authorize the City Manager to sign a services agreement, in the amount of $9,000 with the Pyro Spectaculars Fireworks Company to provide a pyro-musical show for the Annual Fourth of July Celebration. BACKGRODND Planning is underway to produce another high quality Fourth of July Show for 1989. This year staff is recommending that Pyro Spectaculars Fireworks Company continue working with the City. The proposal includes a twenty,three minute show, a narrated musical program and a sound system. The sound system is an additional $1,000. Staff has worked with this company in the past and has been very pleased with the Cesults. Over 20,000 people fill the stadium each year to view the show. Being familiar with the set up and flow is critical to the event's success. Pyro Spectaculars has proven their performance. The City Attorney has approved the contract provided by Pyro Spectaculars. Pyro Spectaculars will provide $1 million liability insurance and name the City as additional insured, and have in the past provided safe and professional service. As the Council knows, previous shows include'a mix of aerial and ground displays carefully coordinated with a musical narrative program. For the first time Zambelli Fireworks has submitted a proposal with ground displays for sl. ightly less than Pyro Spectaculars. Their reputation has been built upon doing aerial displays. The references provided are for aerial shows. As Council wilt recall the City used an unproven vendor in 1985 and had several problems..Staff feels until Zambelli has a proven track record of providing a full service show it would be better to go with pyro Spectaculars who has provided excellent service through the years. The Tustin Unified School District has again pledged cooperation; staff has received a confirmation for the use of Northrup Field. Staff also recommends, due to the support given this event by the School District, that. they.again be a co-sponsor. Staff will keep council informed of the progress as we move towards another J ., Page 2 Fourth of July ~ireworks outstanding Fourth of July Celebration. ~Jusan M. Jones Recreation Superintendent RAW/SMJ/bw Attachment R'oYl een~.~l~hite, Dire'ctor Communit.~ Administrative Services Pyro Spectaculars FIREWORKS DISPLAY CONTRACT THIS CONTRACT, entered into this day of 19 , by and between PYRO SPECTACULARS, INC. hereinafter called First Party, (Seller) and CITY OF TUSTIN hereinafter called Second Party (Buyer). WITNESSETH: Fnt Pmly agrees to furnish Second Party, in accordan~ with the terms and conditions hereinafter set "A" for~ 1 Fireworks Display. as per program # Submitted and accepted and made a part hereof, including the services of I licensed operator to take charge of and fire the Display with sufficient helpers. The said display scheduled to be given on the evening of July 4, l 9 8 9 at Tustin High School Deposit of has been paid by Second Party herewith and acknowledged by First Party and the same is a credit toward the total contract price due and payable as set forth below. After First Party is set up and ready to put on said Display and is prevented from doing so through no fault of First Party, Second Party agrees to pay the full contract prk:e as previously agreed without the r~ht of any offset Should the weather prove unfavorable on the data set for said Display postponement may be arranged for display to be fired on the next following dear night by agreement of both parl~es, but such postponement shall be decided on and noUce given First Party not later than three o'clock P.M. on the date on which the Display should be held, and Second Party agrees to pay First Party for any additional expenses made neceesary by such postponament, but in no instance shall such additional expenses exceed 40% of the .~0.tra.. ct pri~ ..of ~ disp .l. ay.. Said .p?s ..tither? .ent .du.e ~ un.fav .orate weather must be...ar?nged for performance of display within sixty [ ~ aays m me ame aha aa~e set ~or me original c, spmy. m rrm event Second Party fads to so request another date within said sixty (60~ day period; First Party shall have no further liability to perform and Second Party agrees to pay the entire agreed contract price to First Party per lbe terms of said conlmct. In the event buyer cancels the conlract unilaterally, buyer agrees to pay as liquidated damages to seller 25% of the total contract price forthwith upon cancellation. Second Party agrees to assume the risk of weather or other causes beyond ltm conlrol of Rrst Party, which may affect or damage such portion of ltm exhibits as must be placed in position and exposed a necessary time before the scheduled commancernent of the display. Second Party agrees to provide adequate police protection to protect First Party from the public's getting into and about the space wherein the mentioned fireworks may operate, rise or fall, to fumish and place sufficient ropes or guards to prevent unauthorized persons or Itm public from gaining admission to ltm necessary space provided for the exhibition and hindering or delaying employees -of First Party or damaging display materials and equipment, AND TO PROVIDE AND PAY FOR THE SERVICES OI= ,a STANDBY FIREMAN AND/OR PERMIT FEES IF REQUIRED BY LOCAL ORDINANCE OR REGULATION. Second Party agrees as requested by Fa,st Party to provide adequate access to First Party at all times to set up said display in the event adequate ___mc, cess_ to display ama is not provided. First Party will have no obligation to perform and Second Party agrees to pay the First Party agrees to furnish insurance coverage, in connection with the cisplay of fireworks only, for Itm following amounts: Bodily _ Injup/and Property Damage, including Products I.iability$1 , 000,000.00 Combined Single Limits It is agreed Second Party will pay First Party the sum of EIGHT THOUSAND - -.-Dollars $ 8 v 000.00 According to the following terms and conditions: due and payable 10 days after date of display. 1.5% service charge on accounts over 30 days. Second Party (Buyer)agrees to pay attomay's fees and costs if First' Party (Seller)institutes suit to enforce collection of this amount. It is further agreed that nothing in this conlract 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 'agreements not stipulated in this contract. The parties hereto do mutually and severally guarantee Itm 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. All terms of this contract are-in writing and may only be modified by written agreement of the parties hereto. Both parties acknowledge they have received a copy of said written conlract and agree to be bound by said terms of written agreement only. IN WITNESS WHEREOF the parties hereto, by and through their duly authorized agents, have set their hands andseals this day of By ~'~' ',Price includes permit fee and music "L~ ~narration tape. Price does not in-- clude sound/playback equipment. Customer to provide security, lg PY SPE CUL RS '"'~~ __ President