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HomeMy WebLinkAboutAgenda Report - February 6, 2008 E-09AGENDA ITEM '• CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt a resolution of the Lodi City Council approving contract with Pyro Spectaculars, Inc. for 2008 Fourth of July MEETING DATE: February 6,2008 PREPARED BY: Parks and Recreation Director RECOMMENDED ACTION: Adopt resolution of the Lodi City Council approving contract with Pyro Spectaculars, Inc. for 2008 Fourth of July. BACKGROUND INFORMATION: For several years the local Rotary Clubs provided the citizens of Lodi a very eventful Fourth of July celebration at Lodi Lake Park. The contracted vendor providing the fireworks display was historically Boom Boom Productions. For several reasons the Rotary Clubs chose not to take the lead for the 2007 Fourth of July celebration. With approximately three months to plan the event, the Park and Recreation Department assembled City staff and various volunteer groups to organize the 2007 Fourth of July event. Due to new insurance regulations, a new Fireworks contractor was hired to provide the evening show. Staff had a very positive experience with Pyro Spectaculars, Inc. This vendor was responsive to our planning and load in and load out schedules. The fireworks show was performed with safety in mind and was well received by the viewers. The 2008 Fourth at the Lake is once again being planned as a family event. Participantscan start their day by enjoying the Kiwanis annual pancake breakfast. Admission to his years Fourth at the Lake will again be free. Public swimming and boat rentals will be available at our standard rates. Hot Diggity Dog, the parks concessionaire, will provide food vending services on the south side of the park. The World of Wonders Science Museum (WOW) is again reserving a major portion of the Lake's north side. WOW will be providing a "Family Friendly" event that would include a children's play area, sack races, pie eating contests, etc. WOW participants can expect to pay a small fee. Food vendors will be on the north side as part of the WOW event. The WOW will pay approximately $1,000 for the park reservation. FISCAL IMPACT: $22,000 (cost of fireworks display) and those related to temporary fencing, port -0 -pots, and waste bins charged to City's Special EventsAccount 100245.8099. The cost of personnel and equipment, in addition to fireworks costs, for 2007 was approximately $23,589. The total anticipated cost for the 2008 event, including fireworks, is approximately $58,190. These costs include Fire, Police, Public Works, and Parks and Recreation. In addition to the approximate $700 paid by WOW in 2007, the Parks and Recreation Department generated approximately $2,000 from public swim and boat rentals on the Fourth. $D:tk cc: City Attorney �z Steve Dutra Interim Parks and Recreation Director APPROVED: btadf King, City Manager PYRO SPECTACULARS NORTH, INC. Display Agreement 1) THIS AGREEMENT, entered intothisday of 200--, by andbetweea PYRO SPECTACULARSNORTH, INC., a California corporation havieodar referred to as"PYR= aad heminafter mferred to as "PURCHASER. 2) PYRO agrets to furu ish PURCHASER, in accordance with the terms ani om&tkm h=VkW&Ar a t fortth, 1 fj rv;torks display aspenProgamA submitted, accepted and madeparthooK including the ssrvisssofalicensedpyrcFochnicoperatortotake charge of and, alongwith sufficient helpers, safely d ischarge the display. The said display is scheduled to be performed on Jn 1 v d . 2Q" at Lada Lsk Lam L C A 3) PURCHASER, at its own expcase, agrees to provide to PYRO A) A suitable DISPLAY Sl:.in which to stage the fireworksdisplay, includinga fidgandfallout zone reasonably acceptable to PYRO in which the frreworl;s and fircwork debris maybe exhibited, rim and fall safely. B) Adequate policing, pard protec ion, roping, fencing and/or other crowd cozrtroI mete s to prevent the access ofthe public or its property or any other people orpropsaty notauthorized by PYRO intothe DISPLAY SM:. C) Thesenices and cost of standby firemen. and/or any applicable permit feta as required by state and I m l statutes, o rd i n s rtes or regulations. D) AcG, -s by PYRO, at all times, to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no obligation to perform and PURCHASER ams to pay to PYRO the entire contract price plus any additional expenses inamed because of said failure. If, in its sole discretion, PURCHASER designates an area form errnb ens ofthe public to view the Display ("Spectator Area")and/or an area forvehicularparkirag ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area does rut infringe on the Display Ares; F) Have sole responsibility for ensuringthat the temin of the Area and any structures ftrwn, including, but not 1 inn ited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately contro I spectator access to the dee. . Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. Itis expressly agreed that PYRO, (including its operatars and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: I) That any Spec�taboror Parking Areas are outside the Display Area; and J) After completion ofthe Display, that the Display Arm is cleared of any live firework debris originating from the program, 4) PURCHASER shall pay to PYRO the sun of Mnii= SM4 TWO THOUSAND Dollars (S 22 YtM ). A deposit ofS 1 1 .0 nH7.fl fl and fire department fees approximated at $ _ QM9 must be paid by AnrN.4L2M Fall final payment is due the first regular bits in e,&s day after the date set for the display. A finance charge at a periodic rate of 1.5% ptr month, 18% annual percentage rate, or the maxi *mm rate permitted by law, whichever is less, will be charged on the unpaid balance after ten days from the date ofthe display. PURCHASER, by signingthis agreement, authorizes PYRO to receive and verify financial information concerning PURCHASER fnZn any person or entity. 5) PURCHASER agrees to assume therisk of weather, or other causes beyond PYRO's control, which may preven t the display f= being safely disoharged on the scheduled date, which nay cease the eancel lation of any event for vkdch PURCHASER has purchased the display, orwhich may affect c r d amage such portion ofthe exhibits as n st be placed and exposed a neema y time before the display. It shall be within PYRO's sole discretion to determ in e whether ornot the display may be safely discharged on the scheduled date and atthe scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is unable to safely discharge the display on the scheduled date or should any event forwhich PURCHASER has purchased the display be cancelled, the parties shall attempt to negotiate anew display date, which shallbe wilbiin. 60 days of the original display date. PURCHASER limas agrees to pay PYRO for any additional expensesmade necessary by this per- If they are unable to agree on a new display date, PYRO shall be entitledto liquidated damages fran PURCHASER as if PURCHASERhad cancelled tine display on the date set for the display, as provided in the following paragraph. 6) PURCHASER shallhave the option to unitateraIty cancel this display prior to the date of the display. If PURCHASER exercises tins option, PURCHASER age to pay to PYRO, as liquidated damages, the following percentagos of the agreed contract price. 1) 25% if cancellation three (3) ormore days priorto dw scheduled day of the display, 2) 50% if cancellation oeeurswithin t m (2) days ofthe actual date act for the display, 3) 75% if canel]atirn occurs on the date set for the display but prior to the time physical Sd-W of the display actually begins, 4) 100% thoreafter, If cancellation occurs prior to the date set far the display, PURCHASER agmes to pay PYRO in addition to the above percentages the value associated with any specificaastm work pe;ffarrned by PYRO or its agents includingbttt not limitedto music/narration tapeproduction and/or sponsors logos. (con€mired on reveme) PYRO SPECTACULARS NORTH, INC. Display Agreement 7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display. 8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 9) PYRO agrees to famish insurance coverage in connection with the Display truly, for the following risks and amounts: bodily injury and,property damage, including products liability FIVE MILLION DOLLARS ($5,000,000) combined single limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for W i 1 y inj wry or property damage arising from A) Failure of PURCHASER, including through m by its employees, agents andlor independent contractors, to perform its obligations under this agreement, including, without limitation, those contained in Paragraph 3 of this Agreement; 13) Failure of the PURCHASERto provide discretionary Spectator and Parking Areas referred to in Paragraph 3 ofthis Agreement PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms orpnovisi=ofthis Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other reliefto which they may be entitled. I I ) in the event PYRO breaches this agreement or is otherwise negligent in performingthe fireworks display provided for herein, PUKCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall wt, under any circumstances, be entitled to recover any consequential damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded to Paragraph 9 above, 12) It is agreed, nothing in this Agreement or in PYRO's performance of the displayprovided for herein, shall be construed as forminga partnership orjoint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or ob I igat ions not expressly provided for herein. 13) This Agreement shall be governed and interpretedunder the laws cethe State of California. It is further agreed that the courts of the State of California shall have exclusivejurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bernard [no County, California, shall be proper venue for any such actim. 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, Erstclass, addressed as follows: PYRO - PYRO SPECTACULARS NORTH, MC. , P. O. Box 2329, Rialto, California 92317. PURCHASER- City nfLodi Parkc and Recreation Department: 125 North Stockton Street 1Lad1. CA 952413- duly 4, 2008 - P'rograrn „A" 15) All terms of this Agreement are in writing amd may only be modified by written agreement o f both parties hereto. Both parties acknowledgethey have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perfotrsi PURCHASER's obligations under this agreement. This Agreement shall become effective after it i s executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's oMces in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASERrecognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. In Witness Whereof the parties hereto, by and through their duly authorized agents, have of ' x Illi ddlf Uffe f �1 ,Title PRESIDENT JAMES it. soTizA@ �PYRO SPECTACULARS NORTH, INC.vi" ftset To 9NIM"M i; Ing ". I• Price firm through February 8, 2008. • Price includes full electronic firing. nw Producer: Steve Sourx BLAIR KING RANDI JOHL, CITY CLERK ATTEST 'Title CITY MANAGE N AUER, APPROVE AS TO FORM CITY ATTORNEY Product synopsis Pyrotechnic Proposal City of Lodi Parks & Recreation Department � Program A � zZ va 0.00 opening , Quantity �''"'� ♦ 3" Souza Designer Opening Salutes 10 �!� i Main Body-Aerial Shells Total of Opening 10 Description Quantity IS * • 3" Souza Designer Selections 388 i ♦ 4" Souza Designer Selections 140 K ► • 5" Souza Designer Selections 49 Total of Main Body-Aerial Shells 577 Pyrotechnic Devices DescrWtion Quantity '� ♦ Sousa Diamond Line - Multishot Device 604 Shots Total of Pyrotechnic Devices 604 Low-Level Pyrotechnic Devices Description Quantity ♦ 1.5" RedZtar Tail Candles 8 Ball 48 Shots Total aP Low-Level Pyrotechnic Devices 48 .... Grand Finale ■► Description _Quantity _ I • 2.5 Souza Designer Bombardment Shells 72 ~— ♦ 2.5" Souza Designer Finale Shells 30 ♦ 3" Souza Designer Finale Salutes 40 -�.... 3" Souza Designer Bombardment Shells 50 ♦ 3" Souza Designer Finale Shells 60 ♦ 4" Souza Designer Finale Shells 60 Total of Grand Finale 312 Grand Total 1,551 Page 3 RESOLUTION NO. 2008-13 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING CONTRACT WITH PYRO SPECTACULARS, INC. FOR 2008 FOURTH OF JULY FIREWORKS DISPLAY, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ON BEHALF OF THE CITY OF LODI NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve a contract with Pyro Spectaculars, Inc., for the 2008 Fourth of July fireworks display; and BE IT RESOLVED that the term of contract shall be for one show performed on July 4, 2008, in the amount of $22,000; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the contract on behalf of the City of Lodi. Dated: February 6, 2008 I hereby certify that Resolution No. 2008-13 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 6, 2008, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None 1 J NIFER PERRIN Deputy City Clerk 2008-13