HomeMy WebLinkAboutRes 2025-06-1785 Contract with Pyro Shows for the Boots & Booms Fireworks ShowCITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A CONTRACT WITH
PYRO SHOWS OF TEXAS FOR A CONTRACT (WITH THREE, ONE YEAR OPTIONS
FOR RENEWAL) FOR THE 2025 INDEPENDENCE DAY CELEBRATION (BOOTS
AND BOOMS) FIREWORK SHOW.
WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the
contract with Pyro Shows of Texas for up to four firework shows is instrumental and
necessary to the Independence Day (Boots and Booms) events; and
WHEREAS, the City Council considers that Pyro Shows of Texas will provide the best
value to the City; and
WHEREAS, the City Council considers the firework shows to be beneficial to the
neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic
Plan adopted by City Council; and
WHEREAS, the City Council approves the proposed contract with Pyro Shows of Texas,
to include the following fee: "Assuming all renewal options are exercised, the total price
is $160,000 for fiscal years 2025-2028. The total amount for fiscal year 2025 of $40,000
and $40,000 each in 2026, 2027, and 2028 should the three one-year renewal options be
exercised."
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes as set
forth in full.
Section 2. Approval and Authorization of Agreement.
The City Council hereby approves the attached contract with Pyro Shows of Texas and
ratifies and approves the City Manager's execution of the same. The City Manager is
hereby authorized to execute all documents and to take all other actions necessary to
finalize and enforce the contract with Pyro Shows of Texas.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10th
day of June 2025.
ATTEST: APPROVED:
City Secretary, Carrie Land Mayor, Pete Cain
Zoho Sign Document ID: 29E1B43D-1J9MLGLARS7UR94ZDOTPIIHTHTHYIYNH7FNURA9FDYG
PYRO*SHO
Multi -Year Contract Agreement
This Agreement made this 27th day of May, 2025, by and between PYRO SHOWS OF TEXAS, Inc., a Texas Corporation,
whose address is 6601 Nine Mile Azle Road, Fort Worth, Texas 76135, and hereinafter referred to as "PYRO SHOWS OF TEXAS"
and City of Anna with its principle place of business located at 120 W. 71h St.,, Anna, in the State of Texas, hereinafter referred
to as "Customer".
In consideration of the mutual promises and undertakings set forth herein, receipt of said consideration being acknowledged,
the parties hereby agree as follows:
FIREWORKS DISPLAY: PYRO SHOWS OF TEXAS agrees to furnish to Customer a fireworks display, hereinafter referred to as
"Show", pursuant to the project / sales order number # 25 TX 06-28-Custom-40000-000141-MY1-4 dated this 27th day of
May, 2025. The Show will be given on the 28th day of June 2025. Rain date / Postponement date mutually agreed upon.
This Agreement offers three option years for a Show of the same size to be given on a mutually agreeable date
in 2026, 2027, and 2028. 2026, 2027, and 2028 option years include an optional price increase that shall not
exceed S% above the previous year's contract price, if necessary, due to increased cost of product. Should
Customer elect to defer either Show option, the Cancellation clause will apply to the affected Show(s).
MULT-YEAR CONTRACT TARIFF PROVISION: Because our pyrotechnics are products which are primarily imported into the
U.S., PYRO SHOWS OF TEXAS is legally responsible for payment of any applicable tariffs (a border tax imposed on the buyer)
for pyrotechnics. From the date of execution of this Agreement, the 2026, 2027, and 2028 option years include an optional
price increase as necessary in the event of additional cost due to increased price of product as imposed by manufacturer
and/or tariffs levied for imported products. Available options are as follows: Customer may opt to increase their budget to
absorb tariff - OR - Customer may maintain the current budget of their Show with a corresponding reduction in the amount
of product included in their Show - OR - Customer may opt to void the remaining options of this Agreement. Should Customer
elect to defer, modify, or cancel any Show options, Customer shall notify Pyro Shows of Texas no less than ninety (90) days
prior to Show date to cancel or reduce the size of Show.
III. CANCELLATION: PYRO SHOWS OF TEXAS shall determine what weather conditions prohibit PYRO SHOWS OF TEXAS from
proceeding with the Show; in which case, PYRO SHOWS OF TEXAS agrees to present the Show on the following day or previously
agreed upon postponement date. In addition to contracted Show cost, Customer shall remit the actual additional expenses
PYRO SHOWS OF TEXAS shall incur in presenting the Show on a subsequent occasion to include labor, lodging, per diem, etc.;
in no event shall these additional expenses be more than ten percent (10%) of the contracted price of the Show. In the event
the Show must be RESCHEDULED to a mutually agreed upon date other that the previously agreed upon rain date, in addition
to contracted Show cost, Customer shall remit the actual additional expenses PYRO SHOWS OF TEXAS shall incur in presenting
the Show on a subsequent occasion to include labor, lodging, per diem etc.; in no event shall these expenses be less than thirty
percent (30%) of the contracted price of the Show. Should Customer elect to CANCEL the Show for any reason, Customer must
provide PYRO SHOWS OF TEXAS with a thirty (30) days' written notice by certified mail, return receipt, to PYRO SHOWS OF
TEXAS address as set forth above. Customer agrees that PYRO SHOWS OF TEXAS shall incur substantial expense in preparation
for the Show and, accordingly, agrees to pay PYRO SHOWS OF TEXAS fifty (50%) of the total contract price for the Show as
liquidated damages for cancellation due to the fault of the Customer.
IV. SECURITY AREA: Customer agrees to furnish sufficient space for PYRO SHOWS OF TEXAS to properly conduct the Show as
determined by NFPA 1123-2014 (hereinafter "Security Area"). Customer agrees to provide adequate security protection to
preclude persons unauthorized by PYRO SHOWS OF TEXAS from entering the Security Area to the extent that any such claim is
due to the negligence of the Customer to the extent allowed by law. For the purposes of this Agreement, "Unauthorized
Persons" shall mean anyone other than the employees of PYRO SHOWS OF TEXAS or persons specifically designated in writing
by the sponsor or the Authority Having Jurisdiction (AHJ), and submitted and approved, to PYRO SHOWS OF TEXAS prior to the
event.
V. SITE CLEANUP: PYRO SHOWS OF TEXAS shall be responsible for basic cleanup of the launch area to include policing of the fallout
zone for any unexploded ordnance and removal of all large paper debris, wood, wire, foil, racks, mortars and firing equipment
used in the setup for the Show. Customer shall be responsible for cleanup of debris located in and around fallout zone.
VI. INDEMNIFICATION AND HOLD HARMLESS: Customer agrees to hold PYRO SHOWS OF TEXAS harmless from any damages
caused to Customer which result as a consequence of unauthorized persons entering the Security Area. Furthermore, Customer
agrees to defend and indemnify PYRO SHOWS OF TEXAS from any and all claims brought against PYRO SHOWS OF TEXAS for
damages caused wholly or in part by Unauthorized Person who have entered the Security Area. PYRO SHOWS OF TEXAS agrees
to indemnify and hold Customer harmless from any damages caused by the negligence, gross negligence or reckless conduct
of PYRO SHOWS OF TEXAS or its agents, servants, employees, or contractors.
Zoho Sign Document ID: 29EIB43D-1J9MLGLARS7UR94ZDOTPIIHTHTHYIYNH7FNURA9FDYG
VII. AMENDMENT & ASSIGNMENT: This Agreement is deemed personal and confidential to Customer, his heirs, executors and
administrators only, and may not be sold, assigned, amended, or transferred without the prior written consent of PYRO SHOWS
OF TEXAS.
Vill. COMPLIANCE WITH THE LAWS AND REGULATIONS: Promptly upon the execution of this Agreement, Customer shall apply for
the approval hereof to any agency, officer or authority of any government if such approval is required by any applicable law,
ordinance, code or regulation. Customer agrees to indemnify and hold harmless PYRO SHOWS OF TEXAS from against all claims,
suits, and causes of action, demands, penalties, losses or damages which may arise or accrue because of the failure or neglect
of Customer to obtain such approval. This Agreement is made expressly subject to and Customer expressly agrees to comply
with and abide by all applicable laws, ordinances, codes and regulations insofar as the same may be applicable to the terms
and conditions of this Agreement, including all rules and regulations now existing or that may be promulgated under and in
accordance with any such law or laws.
IX. PERMITS AND LICENSES: PYRO SHOWS OF TEXAS shall process the necessary permits and licenses to enable PYRO SHOWS OF
TEXAS to perform fully hereunder unless otherwise forbidden by any other applicable statute, rule or otherwise. It is hereby
stipulated that this Agreement is to be construed and governed by the laws of the State of Texas, and any suit involving this
Agreement shall be brought in the Courts of Collin County in the State of Texas, and the Customer hereby submits itself to the
jurisdiction of said Courts and waives its rights to proceed against PYRO SHOWS OF TEXAS in and other actions, in any other
jurisdiction. For Shows that include licensed music accompaniment, Customer agrees to verify with their organization, venue,
sponsor, and/or municipality, the permission to simulcast music and agrees to pay any and all fees associated with the
broadcast of said music in the public environment of the Show.
X. LATE PAYMENT: PYRO SHOWS OF TEXAS shall charge, and Customer agrees to pay, one and one-half percent (1 1\2%) per
month late payment fee for each month until PYRO SHOWS OF TEXAS is paid the amount set forth in Paragraph XIV herein. The
stated late payment fee shall begin to run from the applicable dates) established in Section XIV, unless this provision is
prohibited by law.
XI. ADVERTISEMENT AND PROMOTIONS: Customer agrees to state that fireworks display is being provided by PYRO SHOWS OF
TEXAS in all advertisements and promotions. Furthermore, Customer agrees to allow PYRO SHOWS OF TEXAS to use sponsors
name and/or logo in PYRO SHOWS OF TEXAS list of clients and any Pyro Shows of Texas advertisements and promotions.
XII. COMPLAINTS: In the event that Customer has a complaint concerning the Show, or any material or product used in or pursuant
to the Show, or of the conduct of the Show by PYRO SHOWS OF TEXAS, or any act or omission of PYRO SHOWS OF TEXAS or its
agents, either directly or indirectly, without limitation, Customer shall make complaint known to PYRO SHOWS OF TEXAS in
writing by certified mail to PYRO SHOWS OF TEXAS address as set forth above, within ten (10) days after the date of the Show.
In the event that Customer fails to register any complaint in the time and in the manner specified, Customer agrees that it shall
not claim such complaint as cause for an offset or withhold any payment due to PYRO SHOWS OF TEXAS hereunder on account
of or because of such complaint or any matter arising from, relating to or a consequence of the complaint. Furthermore,
Customer agrees that should PYRO SHOWS OF TEXAS have to collect any amount due PYRO SHOWS OF TEXAS hereunder which
Customer claims as an offset or which is withheld by Customer on account of, or because of, a complaint not registered with
PYRO SHOWS OF TEXAS in the time and in the manner specified herein, by law or through an attorney -at -law, PYRO SHOWS OF
TEXAS shall be entitled to collect attorneys' fees in the amount of 15% of the amount owing PYRO SHOWS OF TEXAS or the
maximum amount allowed by law, whichever is greater, along with all cost of collection.
XIII. INSURANCE: Pyro Shows of Texas will provide General Liability Insurance and Automobile Liability in the amount of
$10,000,000.00, combined single limit, covering its activities and services in connection with the Show described in this
Agreement. Pyro Shows of Texas also agrees to include Customer as additional Insured under the terms of this coverage. Pyro
Shows of Texas, Inc. will provide a Certificate of Insurance. All entities listed on the certificate will be deemed an additional
Insured per this Agreement.
XIV. PAYMENT TERMS: City of Anna shall pay PYRO SHOWS OF TEXAS $40,000.00 plus applicable taxes according to the terms and
conditions set forth for presenting the Show. Customer may elect renewal option years to include: 2026, 2027, and 2028.
Customer shall submit a 50% deposit of $20,000.00 upon return of signed Agreement by June loth, 2025. Balance will be due
in the PYRO SHOWS OF TEXAS office upon Customer's receipt of invoice. Customer shall pay PYRO SHOWS OF TEXAS a 50%Show
deposit, if applicable, for each option year by the I" day of November prior to the option year. November 1, 2025, November
1, 2026, and November 1, 2027, respectively. For each option year, PYRO SHOWS OF TEXAS shall provide the City of Anna with
a thirty (30) day written notification of deposit due date.
XV. TAXES: Customer shall be responsible for all applicable sales taxes.
IMPORTANT: Checks must be made payable to PYRO SHOWS OF TEXAS, INC.
All the terms and conditions set forth on any addendum attached to this Agreement are made part of this Agreement and
Zoho Sign Document ID: 29E1B43D-lJ9MLGLARS7UR94ZDOTPIIHTHTHYIYNH7FNURA9FDYG
incorporated by reference herein.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.
PYRO SHOWS OF TEXAS, INC.
BY: DATE: Jun 05 2025 08:55 EST
Michael Chad Stanley, Vice President
CUSTOMER
BY' /'� / pN / K �-1 �Y� DATE:
Signature Prided Name Title
i
WARRANTY EXCLUSIONS
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No representation of affirmation of fact including but not limited to statement regarding capacity, suitability for use, or
performance of equipment or products shall be, or be deemed to be, a warranty by PYRO SHOWS for any purpose, nor give rise to any liability
or obligation of PYRO SHOWS whatsoever.
IN NO EVENT SHALL PYRO SHOWS BE LIABLE FOR ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS, INDIRECT, SPECIAL,
CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY CLAIMED BREACH OF OBLIGATIONS HEREUNDER.
Page 3 Df 3