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Home My WebLink AboutCC 6 4TH OF JULY FIREWK 3-21-88 CONSENT CALENDAR ~ t~~ ~ NO. 6' DATE: ' March 21, 1988 ~ ' TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY SERVICES DEPARTMENT FOURTH OF JULY FIREWORKS RECOMMENDATION: Authorize the City Manager to sign an agreement, in the amount of $9,0f)0 with the Pyro Spectacular Fireworks Company to provide a pyro-musical show for the Annual Fourth of July Celebration. BACKGROUND: Planning is underway to produce another high quality Fourth of July Show for 1988. This year staff is recommending that the contract be awarded to Pyro Spectacular Fireworks Company. The proposal includes a twenty-two 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 results. The City attorney has reviewed and approved the contract provided by Pyro Spectaculars. Staff received proposals from two companies' Price Length of Show Ouality of Program Pyro Spectacul ars Sound Estimate $ 9,000 22:30 minutes Excellent - used for several years 1,000 including 1987 ~i0,000 show. San Diego Fireworks Sound Estimate 8,000 1,000 $ 9,000 22 mi nutes Good - there were some safety and liability problems with the 1985 show. Pyro Spectaculars will provide $1 million liability insurance and name the City as additionally insured, and have in the past provided safe and professional service. Fourth of July Fireworks Page 2 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. Jones Recreati on Superintendent Royleen~A. ~~~, D~i~r'rector' Community & Administrative Services :lh Pyro Spectaculars FIREWORKS DISPLAY CONTRACT THIS CONTRACT, entered into this day of by and between PYRO SPECTACULARS, INC. hereinafter called First Party, (Seller) and CITY OF TUSTIN , 19 , hereinafter called including the services of 1 The said display at Tustin Second Party (Buyer). WITNESSETH: First Party agrees to furnish Second Party, in accordance withthe terms and conditions hereinafter set forth 1 Fireworks Display ~ as per Program # "A" submitted and accepted and made a part hereof, ~licensed operator to take charge of and fire the Display with sufficient helpers. scheduled to be given on the evening of July 4 e 1988 High School Deposit of has been paid by Second Party herewith and acknowledged by First Party and the s~me 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 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 arranged 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.M. 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 40% 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 set 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 no further liability to perform and Second Party agrees to pay the entire agreed contract price to First Party per the terms of said contract. In the event buyer cancels the contract 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 the control of First Party, which may affect or damage such portion of the exhibits as must be placed in position and exposed a necessary time before the scheduled commencement 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 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 PROVIDE AND PAY FOR THE SERVICES OF A ~TANDBY FIREMAN AND/OR PERMIT FEES IF REQUIRED BY LOCAL ORDINANCE OR REGULATION. 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. $1 , 0 0 0 , 0 0 0.0 0 Combined Single Limits It is agreed Second Party will pay First Party the sum of NINE THOUSAND--- Dollars $. 9,00 0.0 0 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 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 party shall be held responsible for any agreements not stipulated 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. 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 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 Price includes music/narration tape. Price does not include sound/play- By back equipment or any applicable local permit fees or Standby. Fire- men fees. By CITY OF TUSTIN , 19 President