Loading...
HomeMy WebLinkAboutAgenda Report - May 5, 1993 (60)OF CITY OF LODI COUNCIL COMMUNICATION -00 AGENDA TITLE: Award Firework Display Contract for Fourth of July at Lodi Lake Park MEETING DATE: May 5, 1993 PREPARED BY: Parks and Recreation Director RECOMMENDED ACTION: That the City Council approve expenditure of funds to purchase a fireworks show for the Fourth of July 1993 based on attached request for proposals. BACKGROUND INFORMA'T'ION: For the past four years we have used Zambelli Internationale Fireworks Manufacturing Co., Inc. in presenting our Fourth of July celebration and fireworks show. This year we have again asked for a request for proposals from both Zambelli and Pyro Spectaculars, Inc. Thesc proposals have been received and evaluated. Attached is a copy of what the number of shells each provider will fire for us (Exhibit A). Due to new regulations 8 inch shells must now be fired electrically and are not included in either bid. Pyro Spectaculars is offering more of the larger shells which go higher and explode much wider than the smaller shells. I believe the Pyro Spectaculars display will present a much better show. It is for this reason that 1 am recommending we go with Pyro Spectaculars Inc. and ask that you approve purchasing the Pyro Spectacular show. These two companies are the only companies that I am aware of that provide this kind of show in our area. FUNDING: The program is bid at S8,000.00. Deposit of 5800.00 to be paid at this time. Account No. 10.0-752.03-699 on Williamson Parks and Recreation Director Prepared by Scott Essin, Parks Superintendent RW/SEJsvr APPROVED THOMAS A. PETERSON recyclod popr City Manager CC -1 RESOLUTION NO. 93-57 aaaaaaaas:assassssasssaa A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE EXPENDITURE OF FUNDS TO PURCHASE FIREWORKS FOR THE FOURTH OF JULY 1993 CELEBRATION AND FIREWORKS SHOW ====eso.sass==assaasasaasssss:assassssssasssssssssassssssassssessss:sss WHEREAS, in answer to request for proposals for a fireworks program for the Fourth of July celebration and fireworks show, proposals were received from the two known companies that provide these kinds of shows in this area; and WHEREAS, said proposals have been compared, chocked, and tahmlated and a report thereof filed with the City Manager as shown on Exhibit A; and WHERRAS, the proposals submitted by the two firms were identical in amounts bid; however, the number of shells provided in various sizes differed with each provider; and WHEREAS, it has been :etermined by the Parks and Recreation Director that the larger number of large sells ,ffered by Pyro Spectaculars, Inc. will aff-rd a superior show; NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby authorizes the expenditure of funds in the amount of $9,000 for the fireworks program, said program to be supplied by Pyro Spectaculars, Inc. Dated: May 5, 1993 sasasaevaasaaasaaasaasasaasa:saga:asasssasss:seas:asassssa:assssssassss i hereby certify that Resolution No. 93-57 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 5, 1993 by the following vote: Ayes: Council Members - Mann, Sieglock, Snider, and Pennino (Mayor) Noes: Council Members - Davenport Absent: Council Members - None t Jej nifer Perrin City Clerk 93-57 RES9357,/TXTA.02J Zambelli - $ 8,000 Shell Description Fire Works Bid Comparison A /EXHIBIT A/ B• OPENER 20 20 BODY OF PROGRAM: Five Inch Shells 51 Three Inch Shells 90 56 Four Inch Shells 62 49 Five Inch Shells 30 38 Six Inch Shells 20 31 GRAND FINALE 240 220 Total Shells 462 414 *Note: Both programs (A & B) are of equal value Pyro Spectacular - $ 8,000 Shell Description OPENER (67mm) 25 BODY OF PROGRAM Three Inch Shells 117 Four Inch Shells 80 Five Inch Shells 51 Six Inch Shells 25 GRAND FINALE 155 Total Shells 453 VYRO SPECTACULARS, IN( - Display Agreement 1) THIS AGREEMENT, enter_d into this day ofh 199 3 , by and between PYRO SPECTACULARS, INC., a California corporation hercinafl:r referred to as 'PYRO' and CITY OF LORI hereinafter referred to as "PURCHASER". 2) PYRO agrees to furnish PURCHASER. in accordance with the terms and conditions hereinafter set forth. 1 fireworks dispby as per Program A— submitted, accepted and made part hereof, including the services of a licr:-siAA pyrotechnic operator to take charge of and. along with sufficient helpers, safely discharge the display. The said display is scheduled to be performed on JULY 4. , 1993_ at LODI LAKE 3) PURCHASER, at its own expense, agrees to provide to PYRO: A) A suitably DISPLAY SI–.E in which to stage the firework display, including a firing and fallout zone acceptable to PYRO in which the fireworks and firework ocb-is may be exhibited, rise and fall safely. B) Adequate policing, guard protection. roping. fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY SITE. C) The services and cast of standby firemen and/or any applicable permit foes as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times. to the DISPLAY SPIE to set up the display. ' If PURCHASER fails to fully comp;v with requirements A. B, C and/or D set forth above. PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the crtirc contract price plus any additional expenses incurred because of said failure. If. in its sole discretion. PURCHASER designates an arca for members of the public to view the Display ("Spectator Area") and/or an area for vehicular parking ("Parking Area"). the PURCHASER shall: E) Ensure that the Spectator Area docs not infringe on the Display Area; F) Have sok responsibility for ensuring that the terrain of the Spectator Area and any structures therein, including. but not limited to grandstands and bleachers arc safe for use by spectators; G) Have sole responsibility for ensuring that the Parking Arca is safe for use: 11) Have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is cxpressly agreed that PYRO. (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any arca of the site other than the Display Area. except to ensure: 1) That any Spectator or Parking Areas we outside the Display Area; and )) After completion of the Display. that the Display Area is cleared of any live firework deb -is originating from the program. 4) PURCHASER shall pay to PYRO the sum of EIGHTTHOUSAND----- ------- --------------- _------------ Dollars ($8,000-00 ---- --- -wm– ).A deposit of � must be paid by MAY 4. 1993– Full final payment is due within ten (10) calendar dr js after of ed ,.splay. A finance charge at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance after 10 days from the date of the display. PURCHASER, by signing this Agreement, authorizes PYRO to receive and verify financial information concerning PURCHASER from any permn or entitity. 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control. which may prevent the display from being safely discharged on the scheduled date. which may cause the cancellation of any event for which PURCHASER has purchased the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the sched--led 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 for which PURCHASER has purchased the display be cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display, as provided in the following paragraph. 6) PURCHASER shall have the. option to unilaterally cancel this display at any time. If PURCHASER exercises this option, PURCHASER agrees to pay to PYRO, as liquidated damages. the following percentages of the agreed contract price. 1) 25% if cancellation occurs three (3) ar more days before the date scheduled for the display, 2) 5036 if cancellation occurs between two (2) days prior to and the actual date set for the display. 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up of the display actually begins. 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to pay to PYRO, in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents including but not limhod to music/narration tape production and/or sponsor logos. (continued on reverse side) 7) In the event PURCHASER cancels the e' 'ay. it will be impractical or extremely diffcu4mm%fix the actual amount of PYRO's damages. 'The foregoing represents a reasm .e estimate of the damages PYRO will suffer is ,RCHASER cancels the display. 9) 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 furnish insurance coverage in connection with the Display gWX, for the following risks and announts; bodily injury and property damage. including products liability ONE MILLION DOLLARS (S 1,000.000) 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 D;splay provided for in this Agreement Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER. including through or by its employees. agents and/or independent contractors, to perform its obligations under this Agreement. including, wiL%m limitation, those contained in Paragraph 3 of this Agreement: B) Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this 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 or provisions of this Agreement. the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. a.rtd. 7N4, COMT44 r t3%� 11) In the event PYRO breaches this agreement. or is otherwi negligent in performing the firework dis t or here - PURCHASER shall. under no circumstances. be entitled to recoveMnonetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agree me PURCHASER shall not. under any circumstances, be entitled to recover any consequential damages from PYRO including, wither limRation. for lass of income. business or ° fits. E'WmMt ort wr. puL a+,tn ss ny os- purx llyyM&nae. 12) It is agreed. nothing in this Agreement or in PYF.(Ys performance of the display provided for herein. shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. The parties hereto shalt be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein. 13) This Agreement shall be gov(rrtod and interpreted under the laws of the State of California. It is further agreed that the :ourts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of -iedisplay provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. 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, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P. O. Box 2329, Rialto, California 92377. PURCHASER- City tkyoger, City of Lodi, P. O. Box 3006, Lodi, CA 95241-1910 15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge they have received a copy of said written Agreement and agree to be bound by said teens of written Agreement only. 16) If there is mote than one PURCHASER, they shall be jointly and Mvertlly responsible to perform PURCHASER's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's offices 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. PURCHASER recognises 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 authotncd agents, have set their hands and seals this day Of '199—. PYRO SPECTACULARS. INC. VICE PRESIDENT Title AWEST: PURCHASER- CITY OF UJI)I Jeivnifer M. Perrin,City Cle! APPftO= AS TO MRM: Title City Plzmaaer IFiO 7T) A. PT?I'I+RSON �=' �c_i L ----- f'cib W. McNat.t` C Ai_ tnrney ZAMBELLI INTERNATIONALE FIREWORKS MFG. CO., INC. Lodi Parks & Recreation Department February 9, 1993 Lodi, California FIVE INCH SHELLS: Zambelli Brilliant Colored Star Shells 2 Consisting of Red, Blue, Green, White S Silver Zambelli Fancy Star Shells I Glittering Silver 2 Purple and Gold Flitter I Spidorweb to White Strobe Oriental Shells 2 Blue to Golden Peony w/Rising Silver Tail 2 Pink Peony 2 Red, White and Blue Chrysanthemum 2 Glittering Cold to Silver Diadem Special Orientals I Purple Circle 2 Golden Palm Tree with Large Rising Tail 2 Thousands of Red Chrysanthemums I Red and Silver Concentric Circles Zambelli Special Effect Shells I Floral Salute Shell of Shells I Majestic Transformation Arch I .Green Magnesium with Gold Flitter Crussettes 1 Blue Star Pattern Zambelli Special Multi -Effect Shells 1 477ite Flitter Crossettes I Twinkling narruro Chrysanthemum Za^;helli Special Nultiple Brea]% Shells S Two Break with Report Flight Set: of Tt:n CITY OF LODI MEMORANDUM FROM THE uFFICE OF THE CITY ATTORNEY as=a�asssaasssaaasssazaaaaas4asass:aasssssssaaaa To: Scott Essin, Parks Superintendent From: Bob McNatt, City Attorney Date: April 8, 1993 Subject: FOURTH OF JULY FIREWORKS CONTRACT aaasa:sssaasaassasasa:asssssssssssssssssssssssss:ssasssssssssssassssssss As discussed in thg attached copy of a letter to Ian Gilfillan at Pyro Spectaculars, some modifications have been made to paragraph 11 of the contract. Please take a look and let me know your thoughts. If these most with your approval, could you please prepare the staff communication for Council approval at the meeting of April 21, 1993? I believe we can put this on the consent calendar. Mr. Gilfillan has both originals so he can initial the changes if he approves. He will then send them back to me and I will place them with your Council convAunication in the agenda packet. BOB McMATT City Attorney BM:vc attachment PR97/TXTA.OIV CITY COUNCIL PHILLIP A. PENNINO. Mayor )ACK A SIECtOCK Mayor Pro Tempore RAY G DAVENPORT STEPIIEN I. MANN ;OLIN R. (Randy) SNIDER April 8, 1993 CITY OF LODI Ian Gilfillan Vice President Pyro Spectaculars, Inc. P. O. Box 651 Rocklin, CA 95677 CITY HALL. 221 WEST PINE STREET P.O BOX 3006 LODI. CALIFORNIA 95241.1910 (209) 334-5634 FAX (2091 111.6795 Subject: CITY OF LODI FOURTH OF JULY FIR9WORKS DISPLAY Dear 2 . Gilfillan: THOMAS A PETER�ON City Manager JENNIFER M PERRIN City Clerk BOB McNATT City Attorney As we discussed ir, -ur tele -hon zonversation of April 6, 1993, attached for your review are the two originals of the fireworks display contract. I have made the modifications to paragraph 11 which we discussed. If these meet with your approval, please initial the changes and return both originals to us for final execution. Since the contract is in excess of $5,000, the law requires that the contract be approved by the City Council before it is binding. Assuming these changes meet with your approval, we can put this matter on the Council agenda for final approval at its April 21, 1993 meeting. Your cooperation in this matter is deeply appreciated, and I look forward to a truly "spectacular" Fourth of July display. Sincerely, BOB W. MCNATT City Attorney BM:vc attachments CC: Scott Bssin, Parks Superintendent PR98/TXTA.OIV