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Home My WebLink AboutCC 7 4TH JULY FIREWORKS 3-19-90PuENIDA"'3- y0 DATE: MARCH 12, 1990 'O�W�� TO: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY SERVICES DEPARTMENT FROM: FOURTH OF JULY FIREWORKS SUBJECT: RECOMMENDATION { CONSENTCALENDAR NO. 7 3-194 9( Inter - Com Authorize the City Manager to sign an agreement, in the amount of $8,000 with Pyro-Spectaculars, Inc. to provide a pyro-music show for the Annual Fourth of July Celebration. BACKGROUND Planning is underway to produce another high quality Fourth of July Show for 1990. This year staff is recommending that the contract be awarded to Pyro-Spectaculars, Inc. The proposal includes a twenty-two minute narrated pyrotechnic musical program. The sound system is an additional cost and under a separate agreement. Pyro- Spectaculars has provided the City of Tustin with excellent programs for a number of years. They continue to provide more for the money with more than twice as many Set Pieces and Ground Devices which are guaranteed crowd pleasers. The contract provided by Pyro-Spectaculars has been reviewed by the City Attorney. Staff solicited bids from three companies and received proposals from two Pyro-Spectaculars Zambelli International LENGTH OF SHOW QUALITY OF PROGRAM 22 Minutes Excellent - over 75 Set Pieces and Ground Devices 20 Minutes Good - only 27 Set Pieces and Ground Devices Pyro-Spectaculars will provide $2,000,000 liability insurance and name the City as additionally insured and in the past have proved Page 2 Fourth of July Celebration safe and professional services. 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 outstanding Fourth of July Celebration. Susan M. Jone Recreation Superintendent RAW/SMJ/bw Attachment a: wah . f ou Royleen A. White, Director Community & Administrative Services " Pyro Spectaculars FIREWORKS DISPLAY CONTRACT THIS CONTRACT, entered into this day of _ by and between PYRO SPECTACULARS, INC. hereinafter called First Party, (Seller) and ,19 CITY OF TUSTIN hereinafter called Second Party (Buyer). WITNESSETH: First Party agrees to furnish Second Party, in accordance with the terms and conditions hereinafter set forth 1 Fireworks Display as per program "All submitted and accepted and made a part hereof, including the services of 1 licensed operator to take charge of and fire the Display with sufficient helpers. The said display, scheduled to be given on July 4, 1990 at NorthrupField 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 Paryt 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 price as previously agreed without the right of any offset. Should the weather prove unfavorable on the date set for said Display postponement may be a. -ranged for display to be fired on the next following clear night by agreement of both parties. but such postponement shall be decided on and notice given First Party not later than three o'clock P.N1. on the date on which the Display should be held, and Second Party agrees to pay First Party for any additional expenses made necessary by such postponement, but in no instance shall such additional expenses exceed 400 of the contract price of the display. Said postponement due to unfavorable weather must be arranged for performance of display within sixty (60) days of the time and date sit for the original display. In the event Second Party fails to so request another date within said sixty (60) day period; First Party shall have noe further liability to perform and Second Party agrees to pay the entire agreed contract price to First Party per the terms of said contract. event buyer cancels the contract unilaterally, buyer agrees to pay as liquidated damages to seller 25% of the total contract price forthwith upon Ilation. �, AJnd Party agrees to assume the risk of weather or other causes beyond the control of First Party, which may affect or damage such portion of the exhibits as must be placed in position and exposed a necessarty time before the scheduled commencement of the display. Second Party agrees to provide adequate police protection to protect First Paty from the public's getting into and about the space wherein the mentioned fireworks may operate, rise or fall, to furnish and place sufficient ropes or guards to prevent unauthorized persons or the public from gaining admission to the necessary space provided for the exhibition and hindering or delaying employees of First Party or damaging display materials and equipment. AND TO PROF AND PAY FOR THE SERVICES OF A STANDBY FIREMAN AND/OR PE.RNIIT FEES IF REQUIRED BY LOCAL ORDINANCE OR RFCt1L.ATI0'_V. Second Party agrees as requested by First Party to provide adequate access to First Party at all times to set up said display in the event adequate access to display area is not provided. First Party will have no obligation to perform and Second Party agrees to pay the entire contract price as agreed, plus any additional expenses incurred because of non -access to said display area. First Party agrees to furnish insurance coverage, in connection with the display of fireworks only, for the following amounts: Bodily Injury and Property Damage, including Products Liability: TWO MILLION DOLLARS ($2,000,000) It is agreed Second Party will pay First Party the sum of EIGHT THOUSAND ---------------------------------- Dollars S 8,000.00 According to the following terms and conditions: due and payable 10 days after date of display. service charge on accounts over 30 days. Second Party (Buyer) agrees to pay attorney's fees and costs if First Party (Seller) institutes suit to enforce collection of this amount. 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 parry shall be held responsible for any agreements not stiuplated in this contract The parties hereto do mutually and severally guarantee the terns, 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 re- ceived a copy of said written contract 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 and seals this day of Customer to provide trench, sound/playback equipment, communication and ecurity. Price includes permit fe A .A ,19 PYRO S7PE RS, INC. President CTTY TUSTIN