HomeMy WebLinkAboutItem 10 - FireworksMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JANUARY 7, 2025
SUBJECT: FIREWORKS DISPLAY FOR 2025 ANNUAL FOURTH OF JULY
FIREWORKS SHOW
RECOMMENDATION: City Council to consider the approval of a professional service agreement
for the purchase of a fireworks display for the annual 2025 Fourth of July
fireworks show from Illumination Fireworks for the Grapevine Convention
and Visitors Bureau.
FUNDING SOURCE: Funds are available in the Convention and Visitors Bureau Fund for an
amount not to exceed $69,761.
BACKGROUND: This purchase is for the annual Fourth of July Fireworks show for 2025.
The show will be displayed over Lake Grapevine and will provide
residents and guests the opportunity to witness high quality custom
fireworks during the holiday celebration. The fireworks show will last for 18
minutes with various shell sizes, shooting from one location.
Illumination Fireworks has performed the Fourth of July Fireworks show
for the past three years. Each year, there have been updates and
enhancements made to the show. Illumination has historically been the
lowest priced responsive bidder. For 2025, they kept the same pricing as
for the 2024 Fireworks Show and will provide the same exciting 18-minute
show.
Staff recommends approval.
PN/PM
ILLUMINATION
FIRE won K:; :1n0 !rPV C1 RI FX
1605 Crescent Circle, Suite 200, Carrollton, Texas 75006
Phone: 972-245-7976 1 Fax: 972-245-7977 1 IlluminationFireworks.com
FIREWORKS DISPLAY CONTRACT
This Fireworks Display Contract ("Contract") shall be effective the later days signed below, by and between Illumination
Fireworks, LP (herein, "ILLUMINATION') and
Individual/Organization (herein, "Client"): Grapevine Convention & Visitors Bureau
Contact Name (if different from above): Patrick % :: e
Mailing Address: 636 South Main St, Grapevine, TX 76051
Email Address: pmccage@grapevinetexasusa.com Phone: 817.410.3592
Billing Contact Name:
Billing Address: 636 South Main St, Grapevine, TX 76051
Billing Email Address:
Billing Phone:
This contract engages the services of ILLUMINATION under the following terms:
1. SERVICES AND FEES:
Subject to the terms, conditions, and contingencies set forth herein, ILLUMINATION will furnish the equipment and services
necessary to provide a fireworks display (the "show" or "event") for Client as specified on the attached Exhibit A. which is
incorporated herein by reference and made a part hereof. Client agrees to pay ILLUMINATION the fees and costs set forth
below and on Exhibit A.
2. PAYMENT TERMS:
Payment(s) shall be made by check or certified funds. Upon signing this Contract, Client shall pay a deposit; the deposit
amount shall be 50%of the total contract amount including known applicable fees. The deposit must be received to guarantee
the date. The remaining �4ance must be paid no less than (14) calendar days prior to the event date. Client agrees to pay
interest at the rate of 1.5% per month on any delinquent ! alance until paid in full.
3. CREDIT CARD AUTHORIZATION AND CHARGES:
All invoices are based on a cash discount. ILLUMINATION accepts all major credit cards for payments; however, any credit
card payment will be subject to a 3% convenience fee. By signing this contract (when providing a credit card for payment)
you authorize ILLUMINATION to process payments on the credit card for the retainer fee and/or any unpaid balance owed
per the terms of this Contract, unless other arrangements have been made and noted on the Contract
4. ADDITIONAL FEES & COSTS:
The Client is responsible for all fees and costs associated with the acquisition of any necessary state and local permits, as well
as for any police, fire, and other appropriate protection necessary for proper crowd control, safety, and security during the
event.
Client initials: Illumination Initials:
ILLUMINATION FIREWORKS PAGE 1 OF 6
ILLUMINATION
FI RE WoAM 11 PY A(:1 $F C C 1A A F X
1605 Crescent Circle, Suite 200, Carrollton, Texas 75006
Phone: 972-245-7976 1 Fax: 972-245-7977 1 IlluminationFireworks.com
5. INSURANCE:
ILLUMINATION shall provide general liability insurance in the amount of $5,000,000 (five million). All individual entities listed
on the certificate of insurance will be deemed an additional insured per this contract.
6. MUSIC & MARKETING:
In the event music is played during the event, the Client, pursuant to ASCAP, BMI, and SESAC policy, is responsible i( ,
obtaining all music performance licenses and all associated fees and costs thereto. Except when explicitly forbidden by Client,
LUMINATION reserves the right use the production for promotional use, including but limited to the capturing of video and
photographs at any time or place during the event.
7. INDEMNIFICATION AND LIMITATION OF DAMAGES: ---
The Client agrees to indemnify and defend ILLUMINATION from and against any and all claims, demands, suites, damages
(including property damage, personal injury, and death), costs (including reasonable attorney fees) and liabilities of any
nature whatsoever, which arise out of or relate to (a) Client's violation of any applicable law(s) or failure to comply with
its obligations and responsibilities under this Contract, including but not limited to any copyright infringement or other
claims arising out of Client's failure to comply with Section 6 above, or (b) the negligence, acts, or omissions of individuals
other than the licensed pyrotechnicians, crew, employees, or other representatives of ILLUMINATION. The Client shall not,
under any circumstances, be entitled to recover any consequential, incidental, exemplary, special and/or punitive damages
from ILLUMINATION, including, without limitation, loss of income, business or profits.
8. FORCE MAJEURE:
Either party's performance of its obligations under this Contract (except the obligation to pay money when due) shall be
excused if such performance is prevented or becomes practically impossible because of events or causes beyond the
reasonable control of the applicable party. Such events or causes include, but are not limited to, fire, hurricane, tornado,
snowstorm, flood, war, acts of terrorism, national or regional emergencies, actual or threatened pandemics, epidemics, or
outbreak of communicable disease, riots, earthquakes, shortages, natural disasters or any other acts of God, or any act or
regulation of any federal, state, or local government or regulatory body ("Force Majeure Occurrence"). Written notice of a
party's failure or delay in performance due to a Force Majeure Event must be given to the other party no later than ten (10)
days following the commencement of the Force Majeure Occurrence. resulting in or causing the cancellation of the planned
show. The parties agree, when feasible, not to cancel but to reschedule the pertinent obligations and deliverables for
mutually agreed dates as soon as practicable after the Force Majeure Occurrence ceases to exist; however, Client recognizes
that a Force Majeure Occurrence may result in or cause the cancellation of the planned show. In the event of a Force Majeure
Occurrence, ILLUMINATION will apply all Client payments toward a new date, pending availability. If a new date for
rescheduling the show cannot be agreed upon by both parties, ILLUMINATION will not refund the retainer; however, the
balance will not be owed.
9. ADDITIONAL TERMS AND CONDITIONS:
This Contract is entered into in Tarrant County, Texas, and shall be governed and construed in accordance with the laws of
the State of Texas without reference to choice -of -law rules. The parties agree that a state court of competent jurisdiction
located within Tarrant County, Texas, shall be the exclusive jurisdiction and venue for any dispute arising out of or related to
this Contract or any event covered by this Contract. If any provision of this Contract is held invalid or unenforceable by a court
of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect and the parties will renegotiate
in good faith the failed provision so as to effectuate the purpose of and to conform to the law governing such provision. The
Client shall pay to ILLUMINATION all costs and expenses, including reasonable attorney's fees, incurred by ILLUMINATION in
enforcing the terms of this Contract.
Client Initials: Illumination Initials:
ILLUMINATION FIREWORKS PAGE 2 OF 6
5
ILLUMINATION
1605 Crescent Circle, Suite 200, Carrollton, Texas 75006
Phone: 972-245-7976 1 Fax: 972-245-7977 1 111uminationFireworks.com
10. ENTIRE AGREEMENT:
This Contract is fully integrated and constitutes the entire agreement between the parties hereto and supersedes all prior
and contemporaneous agreements, understandings, negotiations, and discussions, either oral, electronic, or written. The
waiver of any provisions of this Contract shall not constitute a waiver of any other provision of this Contract. This Contract
may be modified or amended only by a writing executed by all parties to be charged with such modification or amendment.
11. POSTPONEMENT:
ILLUMINATION will strive to execute the show as planned. At the discretion of ILLUMINATION, however, the show may be
postponed due to inclement weather or other circumstances deemed to cause unnecessary risk to person or property. In the
event of postponement, the Client may reschedule the show to a mutually agreed upon alternate date within two 121 months
of the original date. If the show is not rescheduled within such 2-month period it shall be subject to cancellation and Client
will be responsible for payment as set forth in Section 12 below. For rescheduled shows, Client shall be responsible for
ILLUMINATION reasonably incurred, additional direct costs of executing the show on the alternate date. Such direct costs
may include transportation, labor, and applicable government fees. Subsequent postponements, if necessary, shall be subject
to the same conditions.
12. CANCELLATION:
If the Client elects to cancel the display thirty (30) or more days prior to the display date, the Client shall pay ILLUMINATION
50% of the total contract amount plus incurred governmental fees. If the Client cancels the display less than thirty (30) prior
to the display date, the Client shall pay ILLUMINATION 75% f rhp Dtal contract amount plus incurred governmental fees. If
the client cancels less than 14 days prior to display dat a client is responsible for 100% of total contract. If the Client elects
not to reschedule a postponed display within tb X'months of the originally scheduled date, the Client shall pay
ILLUMINATION 100% of the total contract amount p os,�curred governmental fees.
13. WORKFLOW:
ILLUMINATION shall provide qualified pyrotechnicians who will deliver, set-up, execute, and dismantle the fireworks display
in adherence with NFPA 1123 as adopted by the State of Texas. The Client shall allow sufficient time for ILLUMINATION to
access and safely set up the display. Upon request by ILLUMINATION, Client shall provide a means of transporting product
and/or equipment to the shoot site if the terrain is not suitable for passage by truck. The Client shall be responsible for
working with the property owner to ensure that all sprinkler irrigation systems are disarmed to prevent damage to the display
product and equipment. Following the display, ILLUMINATION shall remove all equipment including firing systems, mortar
racks, and launching tubes. Fireworks may normally produce a reasonable amount of fallout debris, removal of fallout debris
shall be the responsibility of the Client.
14. SAFETY & SECURITY:
The Client agrees to cooperate with requests of ILLUMINATION regarding the safety and security of the display. In the event
such requests are not resolved, ILLUMINATION reserves the right to withdraw all equipment, fireworks, employees,
personnel, and other property without refund. For safety, the Client acknowledges that no pyrotechnics or fireworks, except
for those used in the display, including sparklers, shall be distributed, ignited, or possessed at the event. The Client shall be
,esoonsi le for preuc„ri„unauthorized access to the shoot site during the set-up, firing, and dismantling of the display.
ILLUMINATION reserves the right to stop the display if unauthorized persons enter the secured fallout area. Following the
display, ILLUMINATION will conduct a search to locate and dispose of any unexploded fireworks. Should the Client become
aware of any hazards resulting from the display, including unexploded fireworks, ILLUMINATION shall be immediately
notified.
Client Initials: Illumination Initials:
ILLUMINATION FIREWORKS PAGE 3 OF 6
ILLUMINATION
1605 Crescent Circle, Suite 200, Carrollton, Texas 75006
Phone: 972-245-7976 1 Fax: 972-245-7977 1 IlluminationFireworks.com
15. MODIFICATIONS:
ILLUMINATION reserves the right to substitute pyrotechnic products, both in size and type, for those of an equal or higher
value based upon product availability, display site safety requirements, and overall show design.
Client Initials: Illumination Initials:
ILLUMINATION FIREWORKS PAGE 4 OF 6
0
ILLUMINATION
,7 t'7 Ra,S ri'',,g0 SPE: IRS r..
1605 Crescent Circle, Suite 200, Carrollton, Texas 75006
Phone: 972-245-7976 1 Fax: 972-245-7977 1 IlluminationFireworks.com
By signing below, I accept all terms and conditions of this agreement and I certify that I am authorized to enter into this
agreement on behalf of the Client.
On behalf of Client: On behalf of Illumination Fireworks Partners, LP
Signature: Signature:
Print Name: Print Name:
Title: Title:
Date: Date:
Client Initials: Illumination Initials:
ILLUMINATION FIREWORKS PAGE 5 OF 6
e
ILLUMINATION
r I f VVQ r. 0:£ PY RG S Pr.a: 1.4l Fx
1605 Crescent Circle, Suite 200, Carrollton, Texas 75006
Phone: 972-245-7976 1 Fax: 972-245-7977 1 IlluminationFireworks.com
EXHIBIT A — SERVICES & FEES
SHOW DATE & BUDGET
This addendum can be used for up to five (5) fireworks displays.
Display Date(s): 07.04.25
Rain Date(s): N/A*
Display Cost(s): $69,710.50 _
Permit Fee(s): $50 _
Total Cost(s): $69,760.50
Permit fees are estimated based on best available information. Client acknowledges that permit fees ore subject to change by governmental agencies and
beyond the control of illumination. Further, Client is responsible far all permit fees including those incurred following the signing or execution of this contract.
Deposit Amount(s): $34,880.25
Deposit Due Date(s): Date of contract signature
Final Payment Amount(s): $34,880.25
Final Payment Due Date(s): 06.20.25
DISPLAY SPECIFICATIONS:
Display Description: An 18 Minute 1.3G Single -Position Fireworks Display (shells up to 8") featuring a variety of colors and
shapes, ending with a finale. Show to include super premium shells, and no false finale.
*Premium -season rain dates may be scheduled if/when postponement occurs and are subject to the
availability of Illumination. Please see sections 11 & 12 for details.
Display Location: North of Field #2 - 2520 Oak Grove Loop S, Grapevine, TX 76051
Display Type: 1.3G Aerial Fireworks
Display Length 18 Minutes
Approximate Start Time:
Name of Person Cueing Start of Display:
DISPLAY CONTACT(S):
Primary On -Site Contact Person:
Name:
Cell Phone:
Email Address:
Secondary On -Site Contact Person (if applicable):
Name:
Cell Phone:
Client Initials: Illumination Initials:
ILLUMINATION FIREWORKS PAGE 6 OF 6
07.04.25 City of Grapevine Site Plan
N
LwE
s
Display Address '. , . , „i a.. , . I„ . Y „ .
(jr.rpeviriv IX 76050'
Per Texas Occupational Code 2154.251: There is, no detenn-)r
center, correctional facility. school. hospital, church, as:hnr
or child care center within 600 ft.
Per NFPA 1123: There is a maxunum secured area of 800ft no
all sides of the bring positron for shells up 8' Security is
/M provided by The City of Grapevine. There are no hazardow.
tenafs within 1,12011.
4W.
•# f a a iw �t a,. AA t
• �' .� t 0
yi< �1 Map Le end
1.3G Firing Position
(sheNs up to 8")
NFPA Fallout Area 560 ft
All
.• � Illumination Fireworks
. A, d
� l • � estricted Area 800 ft
1
Caution It
- / I Tape/Barricades/Bike
- • - • - Racks
I'LLVMINATION
FIREWORKS - P Y R O - SPECIAL F X 1 605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-79761 Fax: 972-245-79771 IlluminationFireworks.com