Agenda Item No, 6
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community ServicesC�.
Mary Johnson, Community Services Supervisor l
FOR: City Council Meeting of March 27, 2023
SUBJECT: City of Yucaipa Fourth of July Fireworks Show
RECOMMENDATION:
That City Council:
1) Authorize the; City Manager to execute a contract with Pyro Spectaculars, Inc. in the amount of $40,145, to produce a Firework Show; and
2) Find that the public interest will not be best served by a formal proposal process, waive the fbi naI solicitation of proposals/qualifications in accordance with the City of Yucaipa Municipal Code Section 2.24.060 and Ordinance No. 42; and 3) Approve the closure of Chapman Heights Road west of 10" Street and 13"' Street, and the closure of Gold Mountain Road north of Chapman Heights Road from 6:00 p.m. until 10;00 p.m. on July 4, 2023; and
4) Direct staff to include expenditures in the amount of $70,000 and revenues in the amount of $10,000, for a Firework Show and 41n of July event, in the draft FY 2023/2024 Budget.
DISCUSSION:
The City of Yucaipa is hosting a 4" of July Celebration and Fireworks Spectacular on Tuesday, July 4, 2023.
The Fireworks show will be operated by PYRO Spectaculars Inc. and will begin at 9:00 p.m. The program includes fireworks, music production atzd choreography, a licensed pyrotechnic operator, specialized crew, an electric Firing system, and pyrotechnic safety equipment. The program will last approximately 20 minutes. The Fireworks launch area will be consistent with previous years' and will be located at Yucaipa High School in the northwest baseball field.
This year's event will include live entertainment, giant games, food and merchandise vendors, and staff is working to secure a carnival. Due to the addition of the carnival staff is working with representatives from the Yucaipa-Calimesa Joint Unified School District (YCJUSD) to secure a location that will accommodate all of the event activities. Staff will continue to work through the City Council Agenda 103
03/27/2023
details of the event and meet with the YCJUSD, Yucaipa Police and Fire, and the Public Works Department to address specific conditions of the event.
FISCAL IMPACT;
Costs for the fireworks and police, fire, and community service staffing for the event is estimated to be $70,000. Revenue from the event is estimated to be $ 10,000. Both the revenue and expenditures will be included in the FY 2023/2024 budget.
Attachment: Pyro Spectaculars Inc. Contract
Approved by:
2 City Council Agenda 104
03/27/2023
2023
YRPO SPECTACU[ARS
- . =
19� 5
i 10 11�� ! >��
Pyrote
Ito
nic Proposal
City of Yucaipa
July 4, 2023
A)
February 21, 2023
City of Yucaipa
Mary Johnson
34272 Yucaipa Blvd,
Yucaipa, CA92399
Dear Ms. Johnson,
Pyro Spectaculars, Inc. is happy to provide our pyrotechnic proposal for your July 4, 2023 event. The following proposal outlines your custom designed Sky Concert' Program "A" for the amount of $40,000.00. The various fireworks elements provided are prepared to shoot from Yucaipa High School soccer field north of the stadium for approximately 18-20 minutes.
Our full service program includes necessary preproduction services, music production and choreography, the services of a licensed pyrotechnic operator, specialized crew, an electronic firing system, and pyrotechnic safety equipment used for support and protection. The price also includes insurance coverage, sales tax, and delivery. To help ensure public safety, we work directly with the local fire authority, and we apply for the necessary fireworks related permits. Our winning combination of products, people, and production capabilities help produce the best fireworks entertainment package for your event.
Your organization will be responsible for payment of permit fees and/or standby firemen fees, if any. The Fire Department may bill you directly for any additional standby fees for inspections. Your organization will also be responsible for providing the display location, necessary security for the display site, and other event permits.
Please review the enclosed Proposal, Product Synopsis, Production Agreement, and Scope of Work in detail. In order to reserve your program, it is imperative that you return the fully executed agreement, your initial payment, and permit fees to our office by April 3, 2023, the price firm date in your production agreement. The program, pricing, and show date may not be available beyond the price firm date.
If you wish to discuss your program or need more information, please call either me or your Customer Service Representative Maria Barajas at (909) 355-8120 ext. 228.
Sincerely,
PYRO SPECTACULARS, INC.
Jeff Martin
Sales Manager
JM/Jb
Enclosures Pyro Spectaculars, Inc,
P.O. Box 2329 ■ Rialto, CA 92377 * Phone. (909) 355-8120 ❑r (888) 477-PYRO ■ Fax: (909j 355-9813 106
Product Synopsis * Pyrotechnic Proposal
City Of Yucaipa
PROGRAM A-, July 41 2023
$40,000.00
Main Body - Aerial Shells
❑escription Quantity
♦ 3" Sky Concert Selections 130
♦ 4" Sky Concert Selections 180
♦ 5" Sky Concert Selections 90
Total of Main Body - Aerial Shells 400
Grand Finale
Description Quantity
♦ 2.5" Sky Concert Bombardment Shells 72
♦ 3" Sky Concert Bombardment Shells 230
♦ 4" Sky Concert Bombardment Shells 90
4 5" Sky Concert Bombardment Shells 18
Total of Grand Finale 410
Grand Total 810
*Display duration approximately 18-20 minutes*
Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style.
City Council Agenda 107
03/27/2023
Pyro Spectaculars, Inc. City of Yucaipa
P.U. Box 2329 Program A, Rev. # 2
Rialto, CA 92377 duly 4, 2023
Tel: 909-355-8120 :::: Fax: 909-355.9813 Page I of
PRODUCTION AGREEMENT
(Special)
This regreement ("Agreement") is made this dray of . 20=try and between Pyro 5peclaeulars, inc.. a California corporation, hereinafter referred was (" M0"). and City or Yucaipa, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collective ly as "Parties" heroin_
1, FneNacmcnl CLIENT hereby engages PYRO to provide, to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement upon all ❑fthe promises, terns and conditions hereinafter sct forth. The Production shall be substantially as null ined in Program "A", attached hereto and incorporated herein by thisrefercnce.
I.I PYHO Dulles— PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to Ole Production, insurances covering the Production and the other things on its part to be perfomtcd, including preproduclion services, all as more specifically sct forth below in this Agrermcnt and in the Scope of Work ("Scope of Work"). nuuclred hereto, incorporated hcrum by this rcfcronce. and made it purl ofthis Agreement as though set faith fully herein.
1.2 CLI FNI' Voiles — CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph 6 hereof, accoss to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are sut tat to PYRO's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions ofthc Site shall be the responsibility of CLIENT, including, bus not limited to, oemss, usr:, control, parking and general safety with respect to the public, CLIENT personnel and ❑tlior contractors.
Z. Timc�la" - Tht Production shall take place on .10vtl M3, at approximately 9_ 0-i , at Yucainn i iieh School Soccer Field North of slxdium. 331e U Yucainn Blvd., Ypcoilig, !ZA—.Srte.
3, poet. luterest, and F.stncnscs -
3.1 Lea - CLIENT agrees to pay PYRO a fee of $44,000.011 USI) F V 'rlr0 1S hull IIOL . ("Fec") for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 % of the Production Fee S20 tl rtn.tl0 USD i"I'1VEN7'Y '111011SAND DOLLAR j plus estimated permit And standby fees, and other regulatory costs approximated at 1145.00 OR an amount to be determined, for a total of 2n.14-9,0 upon the execution of this Agreement by both parties but no later than ArPE 3, 203- The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs".) The balance ofthe Fet shall be paid no later than July Sjffla CLIENT authorizes PYRO to receive and verify credit and fnaicial information eonceming CLIENT Cram any agency, person or entity including but not limited to credit reporting agenoies, The "PRICE FIRM" datc, the date by which the executed Agreement must be delivered to Pyro, is set forth In paragraph 20,
3.2 rect - in the event that the Fee is not paid in a timely manncr, CLIENT will be responsible for the payment of 1 5% interest per month or I $% annually on the unpaid balance. Mitigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with tho litigation, including, but not limited to arwmeys' fees-
3.3 F,menscs — PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to setup and discharge the pyrotechnics and those additional items as outlincd as PYRO's responsibility in the Scope of Work, CW ENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items outlined as CLIENT'S responsibility in this Agreetent and Scope of Work, 4, Praorirrnry Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CUGNT-owned material or third -party -owned material that has been included in the Production, Lind as to such CLIENT -owned and third -parry - owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYrRO shalt retain ownership of, and all copyrighis and other rights to, the Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT -owned material mid third -party -owned material end shall not be responsible to any way for such material. If applicable, CLIENT consents to the use of CLIENT -owned material and tepresents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that are used in of are a product of the Production- Any reproduction by sound, video or other duplication or recording process without the express written permission of PY90 is prohibited.
5. Safety - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures vonsistent with recognized applicable industry standards And practices. At all times before and during the Production, it shall be within PYRO's sole discretion to determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYR0 to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO.
6- Security . CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a fallout area satisfectory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or Controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associattel with the Production.
7. Cleanup - PYRO Shall be responsible fbr the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made ncecssery by PYRO. CLIENT shall be responsible forany other clean up which may be requircd of the Production or sat -up, discharge and fallout areas including any environmental clean-up.
PSI V-2022-2
City Council Agenda 108
03/27/2023
Pyro Spectaculars, inc. City of Yu"Ipa
P.O. Box 2329 Program A, Rev. 4 2
Rialto, CA 92377 July 4, 2023
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 2 of 4
9. 11grgilts - PYRO agrees to apply for permits for the firing of pyrotechnics only from the City of Yucaipa Fire DepartmentICAL FiRE Sun Bernardino Unit -Yucaipa Battalion 3, FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees, CLIENT shall be responsible for obtaining any other necessary permits, paying associated fats, and making other appropriate arrangements far Police Departments, other Fire Departments. road closures, eventtactivity or land use permits ar any permission or permit required by any local, Regional, State or Federal Goverrlmcnt,
9. Insurance - PYRO shall atoll times during the performance ofservioes herein ensure that the following insurance is maintained in connection with PYRO's performance of this Agreement- (1) commercial general liability insurance, including products, completed operations, and contractual liability undcr this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from claims fbr bodily injury, including death, personal injury, and from Claims of property damage, which may arise from PYRO's performance of this Agreement, only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include olaims which arise tram CLIENT's negligence ar willful conduct ar from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage shall be famished to CLIENT prior to the rendering of services hereunder and shall include that the fallowing are named as additionally insured; CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shall sccore, maintain and provide their own insurance coventgc will, respect to dmcir respective operations and services.
Ia. hidemIli nealinn - PYRO represents and warrants that it is capable of furnishing the necessary experience, persormai, equipment, materials, providers, and expertise in produce the Production in a safe and professional manner. NotwiOnlanding anything in this Agreement to lice contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the addltlonai insureds from and against any and all claims, actions, damages, liahilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, andlor damagc to property, arising from or out of the Production and the pmsenintion thereof to the extent such xis occasimicd by an)• act or omission of PYRO,111cir officers, agents, contractors, providers, or employees. CLIENT shrill indemnify, (told hamticss, rued dclbiid PYRO front and against any and till Claims, actions, danraS", liability and cxpcuses, including but not limited to, attorney and olhcr proressionai Pecs end court costs in conncetion with the loss of lite. personal itljury. andlur damage to properly, arising treat at out of the Produotion 4nd the pros4ntatipn thereof tc the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors, providers, or employees. in no event shall either party ho liable for the cousequenlial damages of the other party.
11. 11,1mitalion of Demotes for {hdinnry tirmith -Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYR0 has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits.
12. rocce llaivurC -CLIENT agrees W assume the risks of weather. strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Prmuation. If, for any such teas -on, PYRO is not reasonably able to safely discharge the Production an the sehedukd date, or at the scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (I) reschedule the Production and pay PYRO such sums as provided in Paragraph 13, or (H) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based upon when the Production is canceled.
13. Rrsehrdulina Of Eveni - IfCLIENT elects to reschedule the Production, PYRO shall be paid the Original Fee plus all additional expenses made necessary by rescheduling plus a i 1% servict fee on such additional expenses. Said expenses will be invoiced separately and payment will be due In full within 5 days of receipt. CLIENT and PYRO shal I agroe upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and lobar_ The Production shall be rescheduled for a date net more than 9p Bays subsequent to the dote first set for the Production. The Production shall not he rescheduled to a date, or for an event, that historically has involved a ftrcworks production. The services shall be rescheduled fora date mutually agreeable to the Panics to he performed on or before December 31, 2023 (NYE).
14. Rip hi T2 Cancel —CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date, IfCLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Pee as set forth in Paragraph 11. l) 50% if eaneellstion occurs 30 or more days prior to ttte scheduled dote, 2) 75% if cancetlation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. In the event CLIENT cancels the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. This foregoing represents a tcasonable eslimate ofthe damages PYRO will sufrcr ifCLIENT cancels the Production- 15, No Johil VLnture - It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forrrring a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLMN7'- The Parties herein shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agteomenis or obligations not expressly provided for herein,
16. .split:[ bit Law -'this Agreement and the rights and obligations of this Parties hereunder steal I be construed in accordance with the laws of California, It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of the Production is reduced by authorities havingiurisdiction or by either P" fur safaty concerns, the full dollar amounts outlined in this Agreement are enforceabic.
17. Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United Stales Mail, postage prepaid, first class, addressed as follows: PYRO— Pyro Spectaculars, Inc., P.O. Box 2329, Rialto. California, 92377, or for ovemighl delivery to 3196 N.
Locust Avenue, Rialto, California 92377, CLIENT — City of )'rreai a .34272 3't cal n Blvd.. Yacai a . ' 94.
PST V-2022-2
City Council Agenda 109
03/27/2023
Fyro Spectaculars, Inc. City of Yucaipa
P.O. Box 2329 Program A, Rev. 4 2
Rialto, CA 92377 July 4, 2023
Tel: 909-355-8120 :::: Fax:909-355-9813 Page 3 of
18. Vorllficallan af_Tcr ma — Al terms of the 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 tams of written Agreement only.
19. 5evefattisit% — if there is more than arse CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after It is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's ofriices in Rialto, California, this Agreemem may be executed in several counterparts, including faxed and mailed 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.
20. Price I i rm — If any changes or alterations are made by CLIENT to this Agreement or if Ws Agreement is not executed by CLIENT and delivered to PYRO on or before the PRICE FIRM dale shown below, or if the initial payment is not paid on or before the due date, then the price, date, and scope of the Production are subject to review and acecp== by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.
PRIG FMM through April3, 2023
EXECUTED AGREEMENT MUST BE DELIYEP ED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above,
EXECUTED as of the date first written above:
PYRO SPECTACUI ARS, rNC,
City oryucaipa
f i
By:
Its: i'resiJont / Its:
? f Date: �r� � f
_
Z Aa
Dale:
SHOW PRODUCER; Jeff Nlartin
Print Name
PSI V 20=4
City Council Agenda 110
03/27/2023
Pyro Spectaculars, Inc. City of Yucaipa
P.O. Box 2329 Program A, Rev. # 2
Rialto, CA 92377 July 4, 2023
Tel: 909-355-8120 ::::.Fax: 909-355-9813 Page 4 of 4
SCOPE OF WORK
PYRO SPECTACULARS, INC. ("P MO")
and
City of Yucaipa(tl°CLIENT")
Pyro shall provide the following goods aad services to CLIENT:
• One Pyro Spectaculars, Inc., Production on July 4, 2023, at approximately 9:00 p.m., at Yucaipa High -School Soccer field North of stadium, M3000 Yucaipa Blvd., Yucalna, CA.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfacos, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance_ • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in agreed upon format. • insurance covering the preproduction and Production as set forth in the Agreement with the following limits:
Insrtreace Reelliremeuts L1mfLs
CoMnlercial General Liability $5,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage)
Business Auto Liability- $5,000,000.00 Combined Single Limit- Each Occurrence Owned, Nan _Omngd and hired Autos (Bodily Injury & Property Damage) Workers' Compensation Statutory
Employer Liability $1,000,000 Per Occurrence
CLIENT shall provide to PYRO the following goods and services:
• All on -site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, cleanup crew. All these additional personnel and services shall be fully insured and the sole responsibility of CLIENT.
• Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold autbority within the Production.
Costs of all permits required for the presentation of the Production and the event as a whole. • Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set- up and load -nut dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone. • A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYKO. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dutppster accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms, tents, equipment storage, b nat storage, electrical power, fire suppression equipment, access to worhsites, necessary credentialing, etc., will he required as necessary.
PSI V,202.2-2
City Council Agenda 111
03/27/2023