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HomeMy WebLinkAboutItem 12 - FireworksMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MARCH 17, 2026 SUBJECT: FIREWORKS DISPLAY FOR 2026 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 2026 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 $80,000. BACKGROUND: This purchase is for the annual Fourth of July Fireworks show for 2026. The show will be displayed over Grapevine Lake and provides residents and guests the opportunity to witness high quality custom fireworks during the holiday celebration. The fireworks show will last for 17 minutes with various shell sizes, shooting from one location. Illumination has performed the 4th of July Fireworks show for the last four years. Each year, there have been updates and enhancements made to the show. Illumination has historically been the lowest priced responsive bidder. For 2026, they kept comparable pricing to the 2025 Fireworks Show and will provide the same exciting 17 minute show plus a display enhancement in celebration of the 250th anniversary of the United States as well as the Golden Jubilee year of Mayor William D. Tate. Staff recommends approval. PN/PM ILLUMINATION 1605 Crescent Circle, Suite 200 Carrollton, TX 75006 Account Manager Ship Date Return Date Andrew Schoffier 714/2026 12:00 AM 7/4/2026 12:00 AM Description 17 Minute 1.3G Single -Position Fireworks Display (shells up to 8") Display Shell Enhancement (Willows & 8" Shells) Grapevine Local Fire Department Permit/Standby Fee State Fire Department Permit/Standby Fees Display Estimate Includes: $5,000,000 (Five Million) General. Liability & Auto Insurance Workers Compensation Insurance Federal ATF Explosives License, State & Local Permit Acquisition Computer Scripting/Choreography Ali Necessary Transportation All Necessary Equipment All Necessary Labor Including Experienced, Licensed Pyrotechnwns r# Assistants 100% Electronic Commuter Firing Equipment Tear -down & Cleanup Estimate Notes Fireworks display to include the following: - Super -premium Shells - Additional Willows and 8" Shells - Single Firing Position - No False Finale - Red, White, and Blue Finale ESTIMATE E-12779 07.04.26 City of Grapevine (1.3G) - v3 Shipping Address Billing Address Sand Bass Dr 501 Shady Brook Dr. Grapevine, TX 76051 Grapevine, Texas 76051 Price City Sub Total $69,950.00 1 $69,950.00 $10,000.00 1 $10,000.00 $0.00 1 $0.00 $50.00 1 $50.00 Total $80,000.00 fer ILLUMIN+IATIQ" r.'.. Rx:- � .. ..Ii 1.-. . .. 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 Fax: 972-245-7977 C 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"): City of Grapevine Convention & Visitors Bureau Contact Name (if different from above): Patrick McCage Mailing Address: 636 S Main St, Grapevine, TX 76051 Email Address: pmccage@grapevinetexasusa.c orn Phone: 817-410-3592 Billing Contact Name: Paula Newman Billing Address: 636 S Main St, Grapevine, TX 76051 Billing Email Address: pnewman@grapevinetexasusa.com Billing Phone: 817-410-3187 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 balance 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 balance 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 :`cii/- LLUMINATION 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 1 Fax: 972-245-7977 1 IlluminationFireworks.com S. 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 polity, Is responsible for obtaining all music performance licenses, and all associated fees and costs thereto. Except when explicitly forbidden by Client, ILLUMINATION 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, tomado, 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 \lil/ 14 40 71%S., ILLUMINATION 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 ( Fax: 972-245-7977 1 Illu>ninationFireworks.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 (2) 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% of the total contract amount plus incurred governmental fees. If the client cancels less than 14 days prior to display date the client is responsible for 100% of total contract. If the Client elects not to reschedule a postponed display within two (2) months of the originally scheduled date, the Client shall pay ILLUMINATION 100% of the total contract amount plus Incurred 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 responsible for preventing 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 1�Itti: ILLUMINATION :a-. ....., yyr? wgr. e. 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 1 Fax: 972-245-7977 1 I1luminationFireworks.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 ILLUMINATION _ .:.. ... 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 ILLUMINATION 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 1 Fax: 972-245-7977 1 IliuminationFireworks.com EXHIBIT A — SERVICES & FEES SHOW DATE & BUDGET This addendum can be used for up to five (5) fireworks displays. Display Date(s): 07.04.26 Rain Date(s): N/A* Display Cost(s): $79,950 Permit Fee(s): $50 Total Cost(s): $80,000 Permit fees are estimated based on best available information. Client acknowledges that permit fees are subject to change by governmental ogencles and beyond the control of lflumination. Further, Client is responsible for all permit fees including those incurred fallowing the signing or execution of this contract. Deposit Amount(s): $40,000 _ Deposit Due Date(s): Date of contract signature _ Final Payment Amount(s): $40,000 _ Final Payment Due Date(s): 06.20.26 DISPLAY SPECIFICATIONS: Display Description: 17 Minute 1.3G Single -Position Fireworks Display (shells up to 8") featuring a variety of colors and Effects, ending with a finale. 1 he Fireworks display will also include the following: Super -premium Shells Additional Willows and 8" Shells Single Firing Positron No Mid -Show False Finale Red, White, and Blue 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: Sand Bass Dr, Grapevine, TX 76051 Display Type: 1.3G Aerial Fireworks Display Length: 17 Minutes Approximate Start Time: Name of Person Cueing Start of Display DISPLAY CONTACT(S): Primary On -Site Contact Person: Name: Cell Phone: Email Address: Client Initials: ILLUMINATION FIREWORKS PAGE 6 OF 6 Illumination Initials: 07.04.26 City of Grapevine Site Plan Disolay Address Sand Bass Dr. Grapevine, T i Per Texas Occupational Code 2154.251: There is no detenrnn center, correctional facility, school, hospital. r4urch asylum, or child care center within 600 ft Per NFPA 1123 There is a maximum secured area of ROM or, all sides of the firing position for shells up 8 Security is arovided by The City of Grapevine. There are no hazardous materials within 1,120ft .i • AUDIENCE 11 It WMINATION a 1.3G Firing Position (shells up to 8") NFPA Fallout Area 560 ft Illumination Fireworks Restricted Area 800 ft Caution Tape/Barricades/Bike Racks 1605 Crescent Circle, Suite 200, Carrollton, Texas 75006 Phone: 972-245-7976 1 Fax: 972-245-79771 IlluminationFireworks.com