HomeMy WebLinkAboutC2023-071- FPA - Fireworks DisplayPage 1 of 3
Fireworks Productions of Arizona
17034 S. 54th St.
Chandler, AZ 85226
Office 480-948-0090 ~ Fax 480-423-5430
FIREWORKS DISPLAY CONTRACT
This fireworks display contract is between FPA, Ltd., an Arizona Corporation DBA Fireworks
Productions of Arizona (FPA) and Town of Fountain Hills.
FPA is in the business of selling and displaying fireworks, and Town of Fountain Hills wants FPA to
provide a fireworks display for Town of Fountain Hills’s benefit. The parties therefore agree as
follows:
1. The Display. FPA will provide and exhibit fireworks for a display on Tuesday, July 4, 2023.
The display will begin at approximately 9:00 pm, last approximately 20 minutes and will
substantially comply with the program set forth in Exhibit A.
2. Contract Price. Town of Fountain Hills will pay FPA the sum of $24,000.00 (the 'Contract
Price') as consideration for the fireworks display. Payment will be made as follows:
a. The signed Contract by no later than Monday, May 15, 2023;
b. 50% of the Contract Price ($12,000.00) by no later than Monday, May 15, 2023;
c. The balance of the Contract Price ($12,000.00) due within thirty days after the
completion of the Fireworks Display.
Town of Fountain Hills agrees to pay interest at the rate of 2% per month on any delinquent
balance until the debt is paid in full. In the event that Town of Fountain Hills fails to perform
its obligations and responsibilities pursuant to this contract and it becomes necessary for FPA
to enforce its rights by hiring an attorney, Town of Fountain Hills will be responsible for, in
addition to any other sums for which it is found responsible, all attorney fees and costs
incurred by FPA in collecting said sums.
3. Permits. FPA will advise Town of Fountain Hills of the applicable state and federal permits
that must be secured in connection specifically to the fireworks display. FPA will apply for
and secure, at Town of Fountain Hills’s cost (included in contract price as stated in paragraph
two), the permits, licenses, and approvals required by local, state, or federal laws and
regulations as well as those possibly imposed or required by local police or fire departments
specific to the fireworks display. If the jurisdiction requires an additional Special Events
permit, the securing of and payment for, will be the responsibility of Town of Fountain Hills.
If a jurisdiction changes the cost of the permit fee or requires additional fees after the signing
of the Display Contract, Town of Fountain Hills will bear the responsibility of the additional
costs. If a jurisdiction denies a permit, for any reason, FPA will be released from the terms of
this contract and the deposit, minus “Actual Expenses” incurred, will be refunded or credited
to Town of Fountain Hills.
4. Insurance. FPA shall secure and maintain, at all times during the term of this contract a
policy or policies of insurance known as: (1) Commercial General Liability in the amount of
$10,000,000. (2) Business Automobile Liability in the amount of $5,000,000. (3) Worker's
Compensation (Industrial Insurance) in the amount of $1,000,000. Those entities/individuals
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listed on the certificate of insurance shall be deemed an additional insured per this contract.
5. Display Site. Town of Fountain Hills will procure and furnish a place suitable to FPA for the
fireworks display. The site will be sufficient to accommodate spectator viewing areas, vehicle
parking areas, and the Display Site. 'Display Site' means the discharge site, the fallout site,
and the required separation distance from mortars to the spectator viewing areas in
compliance with the most recent edition of the National Fire Protection Association 1123
Code for Fireworks Display. Town of Fountain Hills will ensure that the ground of the
Display Site is dry prior to set-up of the fireworks and that there will be no sprinklers or
irrigation prior to or during the Display and not until after tear-down is complete of the
Display Site.
6. Security. Town of Fountain Hills will furnish all necessary materials for and will set up
restraining lines pursuant to instructions supplied by FPA and in compliance with most recent
edition of the National Fire Protection Association 1123 Code for Fireworks Display. Town of
Fountain Hills will hire and provide, at its own cost and expense, adequate private or public
security personnel to ensure that no vehicles are parked within the Display Site and that no
individuals, other than those specifically authorized by FPA, enter the Display Site. The
security personnel will remain on the perimeter of the Display Site and will not enter the
Display Site before, during, or immediately following the fireworks display.
7. Cleanup of Display Area. FPA will remove all boxes, used basins, racks, equipment, frames
and lumber, as well as all cylindrical inserts released from the multi-shot basins and safety
fuse caps. FPA will police the display area and remove any unexploded fireworks. The Town
of Fountain Hills will be responsible for clean-up of the paper and cardboard shell debris
associated with a basins and aerial fireworks display.
8. Weather or Safety Cancellation. FPA or the Authority Having Jurisdiction (AHJ) may
determine that the time or length of the display of fireworks may need adjustment based on
wind/weather/safety conditions. If FPA or the Authority Having Jurisdiction (AHJ)
determines that display of fireworks on the date and at the time set forth in paragraph one (the
'Original Date') would be impossible or impractical because of inclement weather or safety
concerns, the display will be canceled. Town of Fountain Hills will pay FPA, its 'Actual
Expenses' related to preparation for the unsuccessful displays on the Original Date. 'Actual
Expenses' shall include expenses for travel, lodging, labor, meals, rentals, permits, setup and
dismantling of the display, and any other expenses related to the unsuccessful attempts to
present the display on the Original Date.
9. Interruption and Continuation of the Fireworks Display. There are instances or situations
where a fireworks display may require to be interrupted due to safety, weather or equipment
damage due to debris or fire. If repairs can be effected or the situation passes, Town of
Fountain Hills has the option to continue or cancel the remainder of the display. Regardless of
continuation or cancellation, Town of Fountain Hills will not be refunded any portion of the
Contract Price if the display can safely continue. In the event the display begins but is halted
due to wind, weather or safety conditions, FPA will refund or credit Town of Fountain Hills
the applicable deposit minus “Actual Expenses” incurred. Actual Expenses includes the cost
and taxes on the fireworks provided prior to the stopping of the display. In the event a product
fails to function (here to be classified as a Dud), Town of Fountain Hills will be entitled to a
refund or credit of that individual product’s purchase price, plus tax, only.
10. Cancellation. The parties acknowledge that, if Town of Fountain Hills cancels this contract,
FPA will suffer damages. They further acknowledge that those damages will be uncertain as
to amount and difficult to prove. In the event that Town of Fountain Hills does cancel this
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contract, therefore, FPA will be entitled to recover, not as a penalty, but as liquidated
damages, an amount set forth below:
a. If cancellation occurs between the payment of deposit, May 15, 2023 and June 4, 2023
$1,000 will be retained with $11,000 returned to the Town.
b. If cancellation occurs between June 5, 2023 and July 3, 2023, $8,000 will be retained
with $4,000 returned to the Town.
c. On July 4, 2023, $10,000 will be retained with $2,000 returned to the Town.
11. Not a Partnership. This agreement shall not be construed so as to create a partnership, joint
venture, employment, or agency relationship between the parties.
12. Force Majeure. In the event of natural disasters or “acts of God;” manmade disasters; war
and civil issues; labor disputes or strikes; government embargoes or other government actions
affecting the supply chain; and/or transportation issues such as overseas shipping, domestic
shipping (trucking, rail) and/or port delays, or other causes beyond the reasonable control of
either party that prevent performance of either or both parties' obligations under this contract
(other than inclement weather or safety concerns as described in paragraph eight) each party
hereby releases the other from any and all obligations hereunder, except for liabilities,
recognized as “Actual Expenses” (including but not limited to permit fees, credit card fees,
vehicle rental and/or loading and packing labor) that may have already accrued to such time.
FPA submits this contract based on planned costs and display size. The size and/or the cost of
the display may be re-proposed based on product availability or cost adjustments. FPA
submits this contract in good faith, planning to provide communication on any changes in a
timely manner.
13. Indemnifications and Liability. Each party will hold harmless and indemnify the other from
any demands, claims, causes of action or liability arising from damage to or destruction of real
or personal property or bodily or personal injuries, whether arising from tort, contract, or
otherwise, that occur directly from the failure of the indemnifying party to comply with its
obligations and responsibilities as set forth in this contract, including attorney fees and costs.
Neither party shall, under any circumstances, be entitled to recover any consequential,
incidental, exemplary, special or punitive damages from the other party, including, without
limitation, loss of income or profits
14. Whole Agreement. This written contract, including Exhibit A, is the entire agreement
between the parties. No statement, promise, or inducement made by either party or agent of
either party that is not contained in this written contract will be valid or binding. This contract
may not be enlarged, modified, or altered, except in writing signed by both parties.
FPA, Ltd. Town of Fountain Hills
___________________________ ___________________________
(Authorized Signature) (Authorized Signature)
Title: Pyro Planning Specialist Title:___________________________
Date: March 16, 2023 Date:___________________________
Aaron Arnson (Mar 23, 2023 10:33 PDT)
Aaron Arnson
Town Attorney
Town Manager
03/23/2023
Town Clerk
EXHIBIT A TO AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND FPA, LTD., D/B/A FIREWORKS PRODUCTIONS OF ARIZONA, LTD. [Scope of Work]
See following pages.
EXHIBIT A
Designed for the Town of Fountain Hills by: Fireworks Productions of Arizona
TOWN OF FOUNTAIN HILLS
Tuesday, July 4, 2023
20 Minute Display
Total Aerial Effects 3,251
Total Shells 751 Total Basins Effects 2,500
Opening:
Your show begins with an impressive series of powerful booms and flashing white
light to excite and thrill the audience.
21 - 3” Titanium Salutes
Aerial Display:
A large assortment of brilliantly-colored shells, including Chrysanthemums, Waves,
Crowns, Peonies, Strobes, Brocade Crowns, Diadems, and Crossettes in gorgeous
Reds, Yellows, Blues, Greens, Silvers, and Golds.
Your Aerial Display will contain a total of 576 aerial shells and 2,500 basin effects.
1.5” - 25 FPA Premier Specialty Basins (100 – 300 effects per Basin)
3” - 324 Chinese Fancy’s & Specials
4” - 252 Chinese Fancy’s & Designer Specials
GRANDE FINALE:
Your celebration will close in spectacular excitement as multiple styles of brilliantly-
colored shells, rocket skyward growing and glowing in breath-taking Blues, Golds,
Greens, Silvers, Yellows, Purples and Red.
Your Grande Finale consists of 154 aerial shells:
Your Grande Finale: 72 – 2.5” color shells, 50 - 3” color shells and 32 - 4” color shells:
Total Budget for: Fireworks, Tax, $10 Million Insurance, FAA Notification,
Permit Submission, Licensed Head Pyro and crew, Delivery and Set-up:
$24,000.00