HomeMy WebLinkAbout4.6(a)-Approve Grant to Fund July 4th Fireworks & Approve Agreement for Firework Show GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: January 17, 2023 FROM: Kim Niemer, Community
ITEM NO. 4.6(a) Services Director
***APPROVED BY***
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in1 Ni�n er, �ni nit crvle�s irectrar �/S17423 5 �ri I�cMaa�d,Ass��tant C"ity = ., 1,']0/2423
kniemer@cityofredding.org btippin@cityofredding.org �
SUBJECT: 4.6(a)--Approve Grant from The McConnell Foundation to Fund the 2023-2027
Fourth of July Freedom Festival Fireworks Display and Approve Pyro Spectaculars North Inc.
Sole Source and A reement
Recommendation
Authorize and approve the following actions relative to the 2023 — 2027 Fourth of July Freedom
Festival (Freedom Festival):
(1) Approve the Memorandum of Agreement with The McConnell Foundation for the
purpose of accepting funding of $105,000 each year for the fireworks displays; and
authorize the Mayor to execute said Agreement;
(2) Authorize sole source and approve the Production Agreement for the Freedom Festival
Fireworks Display with Pyro Spectaculars North, Inc., for the annual Freedom Festival
firework show for five years (through Ju1y 4, 2027); and authorize the Mayor to execute
said Agreement; and
(3) Find that this activity is categorically exempt from review under the California
Environmental Quality Act Guidelines, pursuant to Section 15301 (Existing Facilities),
Section 15304 (Minor Alterations to Land), and Section 15323 (Normal Operations of
Facilities for Public Gatherings).
Fiscal Impact
The City of Redding (City) will be committed to providing the required public safety, street
closure, and coordination services if the City Council (Council) accepts the grant �unds.
Historically, the City has provided event management and public safety support. The City's
annual speeial events budget has ineluded $42,450 for City expenses associated with the Fourth
of Ju1y Freedom Festival (Freedom Festival) sinc� 2018, and wi11 be adjusted to approximately
$52,500 annually.
Alternative Action
The Council could choose to not aceept the grant from The MeConnell Foundation. Other funds
would need to be identified to cover this expense or the event would have to be canceled.
Report to Redding City Council January 10,2023
Re: 4.6(a)-Approve Grant to Fund July 4th Fireworks&Approve Agreement for Firework
Show Page 2
The Council could also choose to decline approval of the Production Agreement with Pyro
Spectaculars North, Inc. Declining would require staff to bid out the contract or cancel the event.
Background/Analysis
Since 1990, the Community Services Department has been responsible for coordinating the
Freedom Festival. With the collaboration of other City departments, non-profit organizations,
and the Redding cominunity, this event has become the largest single-day event in Redding.
The Freedom Festival begins in the early evening with lnusical entertainment and food
concessions hosted by various non-profit organizations. Throughout the day, thousands of
residents and visitors gather on the grounds of the Redding Civic Auditorium, with many others
viewing the show from sites throughout the City. The firework display includes over 1,700
fireworks shelis launched in the span of approximately 20 minutes and is the culmination of the
day's activities, with a local radio station providing a musical simulcast.
From 1990 through 2007, Boom Boom, Inc., (Boom Boom) of Hayfork provided pyrotechnic
and show coordination services for the Freedom Festival. During this time, the fireworks display
grew in both size and complexity. In 1998, the contract for pyrotechnic services was advertised
for bid, and Boom Boom was the only respondent. The City Council approved a sole source
agreement for the next eight years. In December 2007, Pyro Spectaculars North, Inc., (Pyro
Spectaculars) purchased Boom Boom. The City Council approved Pyro Spectaculars as the sole
source vendor for the 2008 fireworks show, although later in that year staff received a request
from another vendor to bid out the opportunity to provide services for future shows. Staff issued
the Request for Proposals and only one firm responded — Pyro Spectaculars. Pyro Spectaculars
was awarded a five-year contract in 2009, which was extended for another three years in 2014. In
2018, the City Council approved a four-year contract with Pyro Spectaculars.
The business of pyrotechnics is complex and dangerous; the City's track record with Pyro
Spectaculars is excellent. The Redding Fire Department and the City's contracted Liability Risk
Manager concur with the recommendation of a sole source contract with Pyro Spectaculars. A
Memorandum of Agreement has been prepared to outline the scope of work for the next five
years, 2023 through 2027. The City Attorney's Of�ice has reviewed and approved the proposed
language of the agreement, which is available online.
The McConnell Foundation provided funding for past fireworks displays. The City was recently
notified that The McConnell Foundation approved the request to fund the Pyro Spectacular
proposal for the next five years ($105,000 annually), 2023 through 2027. A Memorandum of
Agreement has been prepared to outline the grant conditions. The City Attorney's Of�'ice has
reviewed and approved the proposed language of th� agreement, which is available online.
Environmental Review
Staff has reviewed the project and determined that this activity is categorically exempt from
review under the California Environmental Quality Aet Guidelines, pursuant to Seetion 15301
(Existing Facilities), Section 15304 (M�inor Alterations to Land), and Section 15323 (�Normal
Operations o�Faeilities for Publie Gatherings).
Report to Redding City Council January 10,2023
Re: 4.6(a)-Approve Grant to Fund July 4th Fireworks&Approve Agreement for Firework
Show Page 3
Class 1 exemptions include the permitting, leasing, and operation of public or private structures,
facilities, mechanical equipment, or topographical features that involve negligible or no
expansion of use. Class 4 exemptions include the minor temporary use of land having negligible
or no permanent effects on the environment. A Class 23 exemption consists of the normal
operations of existing facilities for public gatherings for which the facilities were designed,
where there is a past history of the facility being used for the same or similar purpose. The
funding agreement and production agreement wi11 replace prior agreements. The Freedom
Festival requires only minor temporary use of the land, wi11 result in no expansion of existing
use, and has been conducted at the Redding Civic Auditorium on Independence Day for many
years. These actions have no potential to have a significant effect on the environment.
Council PNio�^ity/City Manager Goals
• Budget and Financial Management — "Achieve balanced and stable 10-year Financial
Plans for all funds."
• Government of the 21st Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
• Economic Development — "Facilitate and become a catalyst for economic development
in Redding to create jobs, retain current businesses and attract new ones, and encourage
investment in the community."
Attachments
MOU with The McConnell Foundation for Fireworks
Agreement with Pyro Spectacular for Firework Show
NOE McConnell MOA and Freedom Festival Production Agreement
MEM�RANDUM OF AGREfMENT
Grant Na. 2022/24
TNIS MEMORANDUM C?F AGREEMENT{"Agreement") is made effectiue as of February 1, 2023, by and
between The McConnell Faundation,�Californ�a nonprr�fit cc�rporaYion, ("Foundation"), and the City of
Redding,a municipaf carporatian, (°'Grantee"),wha agree as follaws:
A. Foundation Grant; The Ft�undatir�n agrees to make a grant ta tarantee for an amount not to
exceetl $525,OQ0.00 for the project entitled "2023-20274th of lufy Firewc�rks°`("Projeet°). In the
event that th� PrQject must be rescheduled due tc� circumstances set forth in the Praduction
Agreement between Pyro Spectaculars North, Inc.and the City c�f Redding for the annual 4th of
luly fireworks dispiay, the Foundation agrees to make an additional grant in an amour�t not to
exceed 10%ofthe contracted price:
B: Us�af Funds: Grantee's receipt and use�f the Foundation`s grant funds for the Project fs
subaect to the fallowir�g:
1. Grantee shall utilite the grant funds received frarrr the Foundation only for the Project.
2. Any sums not used by Grantee far the Praject, including any accrued interest an the
grant funds,shall remain the property af the Faundation and shall be promptly returned
to the Foundation.
C. Disbursement of Funds: The Foundation will disburse grant funds ta Geantee pursuant to the
schedule atfiached hereto as Exhibit'°A."
[?. Grantee°s Covenants and Representation�.
1. Grantee will complete the Project an or befare December 31, 2027, No modifications
shail be made ta the P,raject without prior written approval from the Foundation.
2, Grantee wilf pravide the Faundatian with:
a. written narrative and financiai grant progress reports regacding the Project
yearly an or befare August 1 untilthe Project is completed;and
b. a final report upon campletion.
The following is Grantee`s representative responsibie for submitting grant progress
reports and copies of any and all evaluatians and data:
Name. Kim Niemer
Title: Director of Comrnunity Services
Address: 777 Cypress Avenue
Redding,CA 96Q01
Phone: 530-225-4085 Email: kniemer@ci.redding.ca.us
Memorandum af Agreement
Grant No.2022/24
Page 2 af 5
3: Grantee hereby indemnifies, defends,and halds harmless the Foundation, its officers,
directars, employees, representatives, and agents against and from alfi liabilities,
obligations, damages, penaities, c(aims,costs, charges, and expenses, including
reasonable attarney''s fees, (colleetively, "Claim"}which are caused by or resulting from
the acts or omissions e�f Grantee or its officers,directors,employees, merrrbers,
representatives, contractc�rs,agents ar invitees,and whi�h in any way relate ta ar arise
fram the Project, If any proceeding is braught against the Foundation or its officers,
directars,employees, representatives, oragents by reason of any such Claim,Grantee,
upc�n written notice from the Foundation,shall, at:Grantee°s expense,defend such
action or praceeding by counsel approved by the Faundatian in writing.
4. Grantee is an arganization exempt under the United States 3nternal Revenue�ade
Section 501(c)(3j ar is a government eatity or subdivisic�n thereof. If Grantee receives
any notification of a pending or actual change in its tax status during the term ofthis
grant, it will immediately notify the Foundatian.
5. Grantee shall not direetly or indirectly use the Foundation's grant funds;
a. for any purpose which would not satisfy the requirements for treatment by the
Faundatian as a "qualifyin�distribution'"as that term is defined by lnternal
Revenue Cade section 4�942(g),ar would constitute a "taxa6le expenditure"'ta
the Foundation as that term is defined by Internal Revenue Code section
4945id�;�r
b. for any purpose c�ther than the approved purpose of the Project.
6: If Grantee shauld valuntarily elect to dissolve or be subject to involuntary dissolution,
then any of the Foundation's grant funds in Grantee's possession ar cantrol and any
assets,whether ceal ar personal,which Grantee c�r its agents have acquired withthe
Foundation's grant funds shaJl be immediately delivered to the Foundation ar any
qualifying organization af the Faundation's chaice.
7. Grantee s'hall make available to the Foundation or its designat�d representative,on '
reasanable request, all financial records relatingto the Project far audit or inspectian at
any time during the term af the Praject and fc�r a periQd of three years following the
termination of the Project. Grantee shall also provide the Foundation with any
informatian it shall reasonably request concerning Grantee, its operations,or the
Project:
8. Grantee certifies that Grantee does not discriminate in regard to race, calar, sex,sexual
arientatian,gender identit�y, maritai status, pregnancY, paiitical ideofogy, age,creed,
religion, heritage, ancestry, national origin,veteran status, disability unrelated to jab or
course ofstudy requirements, ar any other characteristic protected by iaw.
Grantee may target services to a specific population when the targeted group requires
specialized programsto meet specific needs not shared by the generaf population.
Memorandum of Agreement
Grant No, 2022/24
Page 3 of 5
AdditiQnally,Grantee may provide targeted programs ar seruices ta redress current or
past discriminatian against a group.
9. Grantee certifies fhat it has not provided and will not provide support or resaurces ta
any individual ar entity that advocates, plaris, sponsors, engages in,or has engaged in
terrorist'activ�ty;or to anyone who acts as an agent far such an individual or entity:
Suppart or resources include currencyor other financial instruments,financiai services,
Icadging, training, safe houses,false documentation or identificatian,communication
equipment,faci(ities, weapons, lethaf substances, explosives, personnel,transportation,
�nd any other services or physical assets. Any violation of this certificatiQn is grounds
for immediate termination of the grant and return to the'Foundation of all funds
advanced Grantee under it. In the event that this should happen,the Faundation also
reserves the right ta terminate or,suspend obligations and amaunts not disbaar$ed ta its
grantees:
10. Grantee certifies that it,and each af its officers, direetors, members,representatives,
contractors, and agents, are nat(i) an indiuidual, entity or organization identified on any
Office of Foreign Assets Control ("OFAC") '°tist af Speciafly Designated Nationals and
Blocked Persons'"or sub�ect to any OFAC country sanctions, (ii) a foreign shetl bank,
and/or(iai) a persan or entity resident in ar to or from whom funds are transferred frc�m
or to Grantee through a jurisdiction identified as non-caoperative by the Financial
Action Task Farce. Grantee further certifies that it does not haue any affiliation of any
kind with an individual,entity,or arganization descri�ed in clause (i)abave;
E. Miscellaneous:
1. Publicity about the Project initiated by Grantee, which identifies the Foundation as a
funding source,shall cantain the folCowing statement:
"This praject is fund�d in parf by The McCvnn�U Faundatian, Redding, California. The
McConnel/�oundation is a private, nonprofit organizatian whose mfssion!s to help build
better cvmmunities through philanthropy."
° T Grantee shall nat cause or permit the Project to be dedicated to ar have any person's
name attached ta the Project without the Faundation's written consent, which may be
withheld in the Foundation's sole and absolute discretion.
2: If the Foundation is not satisfied with the pra�ress toward achievingthe goais of the
grant,or if the Foundatian is of the reasonabl�opinion that Grantee is inca,pabie of
satisfactorily campleting the work of the grant, or if Grantee fails to perfarm duties to
the satisfaction af the Foundation,or fails to fulfill in a timely and professionaf manner
abligations under this Agreement,ar otherwise fails ta comply with th�terms of this
Agreement,or viatates any c�rdinance, regulation or other law which appfies ta its
performance herein,the Foundation in its sole discretion,may:
a. withhold payment of grant funds until the situation has been corrected to the
Foundation's reasnnabJe satisfaction,or
b. declare the grant tQ be terminated. Grantee shall refund any advanced funds in
Memorandum of Agreemenfi
Grant No. 2022/24
Page 4 of 5
Grantee"s passessic�n or eantrol which were not used in accordance with thi$
Agreement
Rriorto the time the Foundation exercises its right to declare the grant to be
terminated, it shall (i) provide 10 days'written notice of the intent tc�terminate to
Grantee and shall (ii)offer Grantee a reasonabie opportunity within that 10-day peei`od
to appear before apprcapriate representatives of th� F�undation and present Grantee"s
reasons why the proposed termination shauld not be made final.
3. In the event this Agreement is terminated fc�r any reason.
a. Granteeshall provide the Foundafiion with a final, written narrative and fin�n�ial
grant progress report regarding the Rroject, inciusive to the date of'termination,
and all finished and unfinished products, reparts, and/or evaluations prepared
by Grantee pursuant to this Agreement.
b. The Faundatian will pay Grantee far work satisfactorily campleted as of the date
af termination.
c. Grantee shall immediately deliverto the Foundation, any and all assets acquired
with grant funds, and the Foundation, in its sole discreti�n, shall determine the
d�sposition of any and all such assets,
4. This Agreement does not creat�a principal-agent relationship af any type between any
parties hereto, and no partywill, by act or amissi�n,foster any belief an the part of
third pa�ties that such relatianship exists.
5. Nathing in this Agreement,whether express or implied, is intended to canfer any rights
or remedies under ar by reason of thfs Agreement on any persans other than the part'res
ta it and their respective successors and as�igns. Gxantee may not assign this
Agreement with�ut the express written consent of the Foundation.
6: This A�reement contains all repr�es�ntations and the enti�e understantiing and '
agreement between the parties. Correspondence,memoranda,and oral or written
agreements which originated befare the date of this Agreement are replaced in total by
this Agreement unless otherwise expresslystated in thisAgreement. The provisions of ;
this Agreement may be waived,aitered, amended,ar repeaied, in whale or in part,only
an the written consent af ail part�esto this Agreement.
?. In the event of a dispute between any of the parties hereto over the meaning of this
Agreement, na party shall be deemed to have been the drafter hereof, and the prineiple
of'Iaw that contracts are construed against the drafter does not and shall not apply.
8. The parties hereto agree that time is of fhe essence far the performance of each and
every cavenant�nd the satisfaction of each and every candition contained in this
Agreement.
Memorandum ofAgreement
Grant No.2022J24
Page 5 of S
9. The unenforceability, �nvalidity,or illegality of any provision of this Agreement shall not
render the other provisions unenfarceable,invalid, or illegal,
10, This Agreement shalJ be construed in accordance with, and governed by, the Iaws af the
State of California that wauld apply as if both parfies were residents of and the
Agreement was made and entirefy performed in the State of Caiifarnia.
11, � This Agreement may be executed in two or more counterparts, each of which shalf be
deemed an original, but all of which together sha11 canstitute one and the same
instrument. Counterparts may be delivered via facsimile,electronic mail (including pdf
or any electronic signature complying with the U,S.federal ESIGN Aet of 2Q00,
California's Uniform Electronic Transactions Act(Cal. Civ.Code§ 1633.1, et seq.)or
other applicable law)ar ather transmission mefhod, and any ccrunterpart sa delivered
shall be deemed to have been duly and validly delivered an� be valid and effective for
all purpases: With respectto signatures delivered via facsimile or electronicaily,�ach
party shall deliver the�r original ink signatures ta the other party within 30 days
fallowing the mutual execution of this Agreement, provided,that failure ta deliver such
original ink signatures shall not affect the validity of the electronic signatures thaf wer�
delivered.
The parties hereby execute this Agreement effective the date set forth above.
The McCannell Foundation City of Redding
By: By:
o n A, M�ncasala �� [Signature]
sident and'CE0
Name:
[Print]
Title:
[Mayar/Vice Mayor]
� � AITEST �
By;
[Signature]
Namet
[Rrint]
Title:
[City Clerkf C�eputy City Clerk]
Exhibit"A°°
Grant No. 2022J24
Project Title: 2023-2027 4th af July Fireworks
Payment Schedule:
May 1,2023 $105,000
May 1, 2024 $105,00(�
May 1, 2025 $105,DU0
May 1, 2t�26 $�.05,OQ0
May 1, 202? $105,000
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l',
yro S ectaculars ort ,Inc. CITY F ING
5301 Lang Avenue ev.# 1, rogra #A
cClellan,CA 95652 Juiy 4,2 23-2 27
Tel: 909-355-8120 :::: Fax: 909-355-9813 Pa�e 1 of�1
PRODUCTION AGREEMENT
This agreement('"AgreemenY')is made this day of , by and between Pyro Spectaculars North,Inc.,a California
corporation,hereinafter referred to as("PYRQ"),and CITY OF REDDING,hereinafter referred to as("CLIENT"). PYRO and CLIENT are sometimes referred
ko as"Party"or collectively as"Parties"herein.
1. �:i� �a�c�ro��atid-CLIENT hereby engages PYRO to provide to CLIENT five(5}fireworks productions("Productson"),and PYRO accepts such
engagement upon all of the promises,terms and conditions hereinafter set forth.The Production shall be substantially as outlined in Program"A",attached hereto
and incorporated herain by this reference.
I.I ��'k'��C�rtttii��—PYRO shall provide all pyrotechnic equipment,trained pyrotechnicians,shipping,pyratechnic products,application for
specific pyrotechnic permits(the cost of which,including standby fees,shall be paid by CLIENT)relating to the Production,insurance covering the
Production and the other things on its part to be performed,including preproduction services,all as more specifically set forth below in this Agreement
and in the Scope of Work("Scope of Work"),attached hereto,incorporated herein by this reference,and made a part ofthis Agreament as though set
forth fully herein.
1.2 �C"�.1��,s�T L1�ptic�—CLIENT shall provide to PYRO a suitable site("Site")for the Production,security for the Site as set forth in Paragraph
6 hereof,access 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 subject to PYRO's reasonable approval as to
pyrotechnic safety,suitability,and security.All other conditions of the Site shall be the responsibility of CLIENT,including,but not limited to,access,
use,control,parking and general safety with respect to the public,CLIENT personnel and other cantractors.
2. Time and Place-The Productions shall take place on Ju�r�E ��62 .Ta�� � �4��G �fie�C � �q2� ,��ol}� ?d��P�tr�,����� � �02"�'at approximately
�tl.�N��arro,at��ren�a��M�s��!�edt�b¢a�C.����w�nai�aa�{�entcr°,���r3ios �`r�"Site".
3. i^cc�4�r�ter���r s�n�i`.�t���a��,s-
3.1 Fee—T"�'th�,�r�lv�.�(����i°€�[l�4cli�wt�,CLIENT agrees to pay PYRO a tota!fee of$ltl�Qtl�F,{k{6 USD�#�N�'1I1���'��t[s'��t'�'i:
'["��t4[����T�����,1yt11��)("Fee'°}for theProductwon:CLIENT shall pay to PYRQ$52,�Od�.Ct�i USD(�`[F�`t"�� C�`�d��C�tt�ri��i°f1A'I:I�L1����;�:�?'
t}+G1idLt�t2�)of the Fee plus estimated permit and standby fees,specified Production costs,and other regulatory cosks approximated at 2l�1.0#�,for a total of
$���(�t��;as a deposit upon the execution of this Agreement by both parties but no later than T+rhr���s���,��,�i The lnitial PaymenY is a partia!payment
toward the preproduction services and costs set forth in the Scope of Work("Preproduction Services and Costs".)The balance of the Fee shall be paid no later
khan.,��sn�2i�,�Q��. CLIENT authorizes PYRO ta receive and verify credit and financial information concerning CLIENT from any agency,person or entity
including but not limited to credit reporting agencies.The"`PRIGE FIRM"date,the date by which the execuked Agreemenk must be delivered to Pyro,is set forth
in paragraph 2Q.
3.2 Fee i��� �:h���a�r�4�2���!'tm�t�w�t�ek�t,=CLIENT agrees to pay PYRO a fee of$I�1�,�i�fi�.f�1 USD t�?t�[>T�L���Sl��;�f+f"#��'7'�•dC�114�;�"t�
13���Lr�t�}("Fee'")for the Production.CLIENT shall pay to P O�,ra�a��1�P USD(�`li^`7°�'v`�"1�'C�TII<D�:�k�,�3�I}1�!°V'I^�lIL��'�llt1�.TA I3t}i.����fi�S�of the Fee
plus estimated permit and standby fees,specified production costs,and other regulatory costs approximated at �i�N.�Ni�OR sn amount ta be determined,for a
total af ��'T��I.{k[�,as a deposit("DeposiP'}no later than�"�f1'•tt���'�,2t���: The balance of the Fee shall be paid no later than:�ait���{3��Cb��F:
�,3 I'��^--�°��•tir�.tltrlv�.�t����rtr�ic��ic�rw�C"L�t�N°t"��r�;c��t���y�'Y�tt?���"��;�i!`;��CIS��Ft6dfi� �,��5�} C�s�G�tBP�"C?��;9��"I�'t°.""�iC}!l.'�tE'3�
��+�A��:�,�5'}("Fee")�i�i'�i�������l�i�ti�a�,�L��a�'�"s9r�tN�a�y ls��'�1��'�$��e�&�i�.9€1 E.��� �^"�X'"�'l'-'T°��rt3°T"I�+C�C���N�3��$�t��l �€���t�I?C�f�t�1�.r#l���c�l"�ia��°��
plus estimated permit and standby fees,specified production costs,and other regulatory costs approximated at' �1d1.�10 OR an amount to be determined,for a
total of 5�,�,��t�.q4,as a depasit("DeposiY')no later than�^��r�i�tt•y�,,20?�: The balance of the Fee shall be paid no later than,tt�a�c�t�,��h2.�",:
3.4 Fee I"ctr tta� ��rl��l�2U2fa I'ieta+�u�dit�n;CLIENT agrees to pay PYRQ a fee of"�141 a��IQ.t�I�USD(��V�'Kt[ft�ll�l21�T?�+l°�'i�'.�"F1C��`���I�C1
I)()x�l���t��("Fee'°)for the Production.CLIENT shall pay to PYRO$��,iC��.i�C�USD{i��t`�`'1"�'4�� 1#�C�L:t����+l�h�«1�'T;I�tl�T3[2��1 I�t)�l�ai��)of the Fee
plus estimated permit and standby fees,specwfied production costs,and other regulatory cosks approximated at ���, OR an amount to be determined,for a
total of ,'"��"9�k.�Cd,as a deposit("DeposiY')no later than 1�"�hrus,�. The balance of the Fee shall be paid no later than.Mt���"�������i:
3.5 Fee—Htrr tlr�,,Ni�l•� ?p�7�i��t�t�et{r�a�;CLIENT agrees to pay PYRQ a fee of$�9?41DC� .C��I USD((?#��>ip�t§�'1)�l�i���1"T�"�"t���f�.t9�s"�'�)
i?{9ta[��1�T�}("Fee"}for the Production.CLIENT shall pay to P Q���'�[7Cw.t�i�USD(�a 1�""P�`-"�""���"�'11�7L�4�1i�N�l�`�'V�I�t�i�'[}I�T;T���i.,i,r��:�y of the Fea
plus estimated permit and standby fees,specified production costs,and other regulatory costs approximated at 23�,�[�OR an amount to be determined,for a
total of �2 71C1.�)Vl;as a deposit("DeposiP')no later than�'c�rust��2��7. The balance of the Fee shall be paid no laker than,��anti�1.�f➢�7.
3.6 Interesk-In the event that the Fee is not paid in a timely manner,CLIENT wil!be responsible for the payment of 1.5%interest per month
or 18%annually on the unpaid balance. If litigation arises out of this Agreement,the prevailing party shall be entitled to reasonable costs incurred in connection
with the litigation,including,but not limited to attomeys'fees.
3.7 ��e 9e�,,,�a,�,�,;e PYRO shall pay all norrnal expenses directly related to the Production including freight,insuranee as outlined,pyrotechnic
products,pyrotechnic equipment,experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additianal items as ouUined as PYRO's
responsibility in the Scope of Work. CLIENT 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 Agreement and Scope of Work.
PSNI V-2021-2
yro Spectaculars orth,Inc. CITY F E ING
5301 Lang Avenue Rev.# 1,Program #A
cClelfan,CA 95652 Juty 4,2023-2027
Tel: R09-355-8120 :::: Fax: 909-355-9813 C'age 2 c>f�'1
4. I'rt�t�r��e�a���v A����ts'-PYRQ represents and warrants that it owns all copyrights,including performance rights,to this Production,except that PYRO
does not own CLIENT-owned materiai or third-part}r-owned material[hat has been included in the Productian,and as to such CLIENT-owned and third-party-
owned material,CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of,and all copyrights 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 and third-party-owned material and shall
not be responsible in any way for such material. If applicable,CLIENT consents to the use of CLIENT-owned material and represents 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 or are a product of the Production. Any reproduction by sound,video or other duplication or recording process
without the express written permissian of PYRQ is prohibited.
5. Safe -PYRQ and CLIENT shall each comply with applicable federal,state and local laws and regulations and employ safety programs and measures
cansistent with recognized applicable induskry standards and practices. At all times before and during the Production,it shall be within PYRQ's sole discretion ta
determine whether or not the Fraduckion 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 PYRO 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. Securi -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 satisfactary to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
controlfing CLIENT's other contractors,providers or vo[unteers;the public;areas to which the public or contractors have access;or any other public or contractor
facilities associated with the Production.
7. �'l+��r�at���-PYRQ shall be responsible for the removal of alf equipment provided by PYRQ and clean-up of any live pyrotechnic debris made necessary
by PYRQ. CLIENT shall be responsible for any othar clean-up which may be required of the Production or set-up,discharge and fallout areas including any
environmental clean-up.
8. ���a�xif�-PYRO agrees to apply for permits for the firing of pyrotechnics only from the REDDING FIRE EPARTMENT,FAA,and USCG,if
required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT sha[I be responsible for obtaining any other
necessary permits,paying associated fees,and making other apprapriate arrangements for Police Departments,other Fire Departments,road closares,
eventlactivity or land use permits or any permission or pertnit required by any Local,Regional,State or Federal Government.
9. ���;�ta�•��c�-PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with
FYRO's performance of this Agreement:(1)commercial general liability insurance,including products,completed operations,and contractual liability under this
Agreement;(2)automobile liability insurance,(3}workers'compensation insurance and employer liability insurance. Such insurance is[o protect CLIENT from
claims for bodily injury,including death,personal injury,and from claims of property damage,which may arise from P Q's performance of this Agreement,
on(y. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's
negligence or willful conduct or from failure of CLIENT to perfarm 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 evidancing the required general liability coverage
shall be fumished to CLIENT prior ta the rendering of services hereunder and shall include that the following are named as additionally insured:CLIENT;
Sponsors,Landowners,Barge Owners,if any;and Permitting Authorities,with respect to the operations of PYRQ at the Production. Pyrotechnic subcontractors
or praviders,if any,not covered under policies of insurance required hereby,shall secure,maintain and provide their own insurance coverage with respect to their
respective operations and services.
1 Q. lo�c�'�si�r��f�a�t�rar�-PYRO represents and warrants that it is capable of furnishing the necessary experience,personnel,equipment,materials,providers,
and expertise to produce the Produotion in a safe and professional manner. Notwithstanding anything in this Agreemenk to the contrary,PYRO sha11 indemnify,
hold harmless,and defend CLIENT and the additional insureds from and against any and all claims,actions,damages,liabilities and expenses,including but not
limited to,attarney and other professional fees and court costs,in connection with the loss of life,personal injury,and/or damage to properiy,arising from ar out
of the Production and the presentation thereof ta the extent such are occasioned by any act or omission of PYRO,their officers,agents,contractors,providers,or
employees. CLIENT shall indemnify,hold harmless,and defend PYRQ from and against any and a!I claims,actions,damages,liability and expenses,including
but not limited to,attorney and other professional fees and court costs in connection with the loss of life,personal injury,and(or damage to property,arising from
or out of the Production and the presentation thereof to 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 be liable for the consequential damages of the other party.
1 I. �,rre�i�t�t�n t'C���ns3 ��fc�r(3�`�ir�� ���a�c�t-Except in the case of bodily injury and property damage as provided in the insurance and
indemnification provisions of Paragraphs 4 and IQ,above,in the event CLIENT claims that PYRQ 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 PYRQ 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,withaut limitation,damages
for loss of incame,business or profits.
12. T"a�¢����4ts�"�ate�;;-CLIENT agrees to assume the risks of weather,strike,civil unrest,terrorism,military action,govemmental action,and any ather
causes beyond tfie control of PYRQ 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 ofthe exhibits as must be placed and exposed a
necessary time before the Production. If,for any such reasan,PYRO is not reasonably able ta safely discharge the Production on the scheduled 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(ii)cancel the Praduction and pay PYRO such sums as provided in Paragraph 14,based
upon when the Production is cancefed.
13. t��;�el���lail�aa��f�+avem�t-If CLIENT elects to reschedule the Production,PYRQ shall be paid the original Fee plus all additional expenses made
necessary by rescheduling plus a 15%service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5
days af receipt. CLIENT and PYRO shall agree upon the rascheduled date taking into cansideration availability of permits,materials,equipment,transportation
and labor.The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be
PSN[V-2Q21-2
yro Spectaculars North,Inc. CITY F E I G
5301 Lang Avenue ev.# 1, rogra #A
cClellan,CA 95652 July 4,2Q23-2427
Tel: 9Q9-355-812Q ::::Fax: 909-355-9833 Ya�e 3 of�
rescheduled to a date,or for an event,that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July
lSth unless the original date was July 4th of that same year,or between December 15th and January 15th unless the original date was I?ecember 3lst of the eariier
year unless P Q agrees that such rescheduling will nat adversely affect normal business operations during those periods.
14. �t��tet`�'�a t'.�t�w��l—CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If GLIENT exercises this option,
CLIENT agrees to pay to PYRQ,as liquidated damages,the following percentages of the Fee as set forth in Paragraph 31. 1}50°!o if cancellation occurs 30 or
more days prior to the scheduled date,2}75%if cancellation occurs I S 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. The foregoing represents a reasonable estimate of the
damages PYRO will suffer if CLIENT cancels the Production.
15, iV�.�a��r�t W�t�it�re-It is agreed,nothing in this Agreement or in PYRO's performance of the Praduction shall be construed as forming a partnership or
joint venture between GLFENT and PYRO. PYRQ shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto
shall be severally respansible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not
expressly provided for herein.
16. �Pa��E��Eai�l,�s��-This Agreement and the rights and obligations of the Parties hereander shall be construed in accordance with the laws of Califomia.
It is further agreed that the Central Judicial District of San Bernardino County,Califomia,shall be proper venue for any such action.In the event that the scope of
the Production is reduced by authorities having jurisdiction or by either Party for safety concerns,the fuli do]]ar amounts outlined in this Agreement are
enforceable.
17. �"pl'#ces- Any Notice to the Parties permitted or required undar this Agreament may be given by mailing such Natice in the United States Mail,
postage prepaid,first c1ass,addressed as faUows: PYRQ—Pyro Spectaculars North,Ina,P.Q.Box 2329,Rialto,California,92377,or for overnight delivery to
3196 N.Locust Avenue,Rialto,California 92377. CLIENT— r at �s�`I��€ic�iat ��r7 C' r�e�s��t�re�a�s: It�t�a�an C',4��id�#'���€37I
18, s��lt��il�et�t�esa�t�f'�'�a*ms—A11 terms of khe 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 terms of written Agreement only.
19. S+�v�r�r��L1iCy-If there is more than one CLIENT,they shail be joindy and severally responsibie 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
offices in Rialto,California. This Agreement may be executed in several counterpa�ts,including faxed and emailed capies,each one of which shall be deemed an
original against the Parly executrng same. This Agreement shall be binding upon the Parties hereto and upon their heirs,successors,executors,administrators and
assigns.
20. �'r`ace�i�°y�r—If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to
PYRO on or before the PRICE FIRM date 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 acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is noY
accepted by PYRO,PYRQ shal I give CLIENT written notice,and this Agreement shall be void.
PRICE FIRM khrough December 16,2022
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions,paragraph 20,above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS NORTH,INC. CITY QF REDDING
��
d��„, � ��
3. � �� ,. ��,_ �
��;; `� .' ,�� '.� ��m, By;
s �,� �� �
�
�,�;:
Its: President Its:
��� �� I A `� f
��t�: �ww � ��
�.�
�� ��� _ _
Print Name
Date:
SHOW PRODUCER:Makthew Gilfillan
PSNI V-2021-2
Pyro Spectaculars North,Inc. CITY F E ING
53Q1 Lang Avenue Rev.#1,Program #A
cClellan,CA 95652 July 4,2023-2027
Tel: 909-355-8120 ::::Fax: 909-355-4813 Pa�e 4 oP4
SCOPE OF WORK
PYRO SPECTACULARS NORTH,INC. ("PYRO")
and
CITY I G ("CLIE T")
Pyro shall provide the following goods and services to CLIENT:
� Five(5)Pyro Spectaculars North,Inc.,Productions shall take place on Jt�l�� 2�1�� ,��I � �1���4 ��p 4 ���� a��� � �i1��a
�,�d.��1 4,����at appraximately lt�:t��r�rn,,at�.��� La�l��r�d t�,�c���� �"�>r���nt�c�ra+�"�r���r� ��a��l�r� �'�,
• 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
af equipment, materials, and systems;transportation, and logistics and crew scheduling and support; explosive starage magazines
with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles,
including legally mandated insurance,including MCS90 explasives transportation coverage,parking, security,and maintenance.
• Application far 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 lzmits:
�r�sx�r��r���a�e�e�l����t��rt,s' Limits
��n�rr��r°�i�€1�er����l I���t�ility $5,000,000.00 Combined Single Limit-Each Occurrence
(Bodily Injury&Property Damage)
l3usi»�s�,�tat��i���i�i�r- $5,000,000.00 Cambined Single Limit-Each Occurrence
���°n��1 ����-C���������t�(-��r�� �t�t�s (Bodily Injury&Property Damage)
"�+'�rk��s�!���roa���as��icar� Statutory
�;��i����+�r�.i�E�a�it� $1,000,000 Per Occurrence
CLIENT shall provide to PYRO the following goods and services:
� All on-site labor casts, if any, not provided ar performed by PYRO personnel including, but not limited ta, local union
requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire cantrol monitors,
carpenters,plumbers, clean-up 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 lacal,state or federal government that may hold authority
within the Productian.
« Costs of all permits required for the presentation of the Production and the event as a whale.
• 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-out dates,including water security to keep unautharized people,boats,etc. from entering the Safety Zane.
• A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio
engineers for operatian based an audia and communicatians requirements provided by PYRO.
• General Services including,but not limited to, Site and audience security, fencing, adequate work light,dumpster
accessibility,a secure office far PYRO personnel within the venue,secure parking far PYRO vehicles, access to washraoms,
tents,equipment storage,hazmat storage, electrical power,fire suppression equipment, access to worksites,necessary
credentialing,etc.,will be required as necessary.
PSNf V-2021-2
�
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� � ) m 1 � 1 /ii/i 22 � 3
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���..��.x��W �
City of Redding
Kim Niemer
; 777 Cypress Ave.
Redding, CA 96049
� � ������ .... ����.RTM�,.��m�m.����
�� ! ! � �
„ „
INITIAL PROQUCTION FEE FOR SPECIAL FIREWORKS DISPLAY PROGRAM A $52,500.00 �
ON July 4, 2023
PERMIT FEE: $210.00
PAYMENT DUE: February 3, 2023
' FINAL PAYMENT DUE WILL BE INVOICED AT A LATER QATE
�
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Y
Q� � 52r71 .
NaTICE oF ExEtv�PT1oN
To: ❑ Office of Planning and Research FROM: City ofR:edding
1400 Tenth Street,Room 121 - Public Works Department
Sacrarnento, CA 95$14 777 Cypress Avenue
Redding,CA 96001
� Shasta Connty Clerk
County of Shasta
P.O. Bax 990880, 1 b43 Market Street
Redding, CA 96099-0880
Project Title: McConneIl Foundatian Memorandum af A�reement and Freedom Festival Production A�reement
Praject Location—Specific: Redding Gonvention Center, 70Q Auditorium Drive
Project Locatian—City: Reddin� Praject Locatian—County: Shasta
Descriptian uf Praject: The Citv af Reddin� will acce t��-rant funds from the McGannell Foundation thraugh a
memorandum of a�reement(MOA)in order to fund the 2023 tllrou�h 2427 Freedom Festival firework dis l�avs The Cit�
will atso enter into a sole source production a�reement with Pvro Spectaeulars North Ine to carrv out the pvrotechnic
firewarks dis�lav. The production a�reement wi11 have a five year term endrn�in 2�27
Name af Pubiic Agency Approving Project: Citv of Reddin�
Narne of Person or Agency Carrying Ont Project» Chanel Kincaid,Assistant Cammunitv Praject Caardinatar
Exempt Status: (check orae)
❑ Ministerial [Section 21080(b)(1}; 152b8]
❑ I3eciared Ernergency[Section 21080(b}(3); 15269(a)]
❑ Emergency Project[Section 21080(b){4); 15269(b)]
❑ Statutory Exemptions.State code number;
❑ Common Sense Exemption(This project does not fali within an exempt class,but it can be seen with certainty that there is
no possibilitythat the activity may have a signlficant effect on the environment(14 CCR 15p61[b][3]).
� Categorical Exemptian. State ty�pe and sectlon number: Sec: 15301 -Existin�Facrtities, Sec 15304—Minor
Alterations to Land, and Sec. 15323—Normal Operations of Facilities for Public Gatherin�s
� No exceptions appiy that would bar the use of a categorical exeznption(PRD 21084 and 14 CCR 15300.2).
Reasans why project is exempt: Class 1 exemptions include the permittin� leasrng and o�eration of public or private
structures facilities mechanical equipment or topo�raphical features that invalve ne�li�ible or no expansion of use
�lass 4 �xernptians include tlle minor temporary use of land having negli�ible or no permanent effeets on the
environment. Class 23 consists of the normal operations of existing faci3lties for public �atherings for which the facilities
were desi�ned where thera is a past history of the facili being used for the same or srmilar pur�ose Tlie new MQA and
production a�reement will replace pri'or a�reements The Freedom F'est�val rec�uires only minor temporary use of the land
wi11 result in no expansion of existin� use and has been canducted at the Reddin� Conv�ntion Center on Independence
Dav for many years. These actions have no potential to have a si�nificant effect on the environment
Lead Agency Cantact Persan:Amber Kelley Telephone: 53Q.22S.4046
If Filed by Applicant:
I. Attach certified docurnent af exemption finding.
2. Has a natice of exemption be�n filed by the public agency approving the praject? o Yes ❑No '
Signature; / .r , Date: f''��e�,�,,�
Titie. Environmental Com liance na er
�Signed by Lead Agency Date recei�ed for filing at OPR:
❑ Signed by Applicant