HomeMy WebLinkAbout2006 07 24 Regular 300 Celebration of Freedom Event
City of Winter Springs
072406_ COMM _Regular _300_ Premier_Pyrotechnics _ Proposal_July- 4th_Event
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COMMISSION AGENDA
ITEM 300
Consent
Informational
Public Hearin
Re ular
x
July 24,2006
Regular Meeting
MG~ /DEPT.
Authorization
REQUEST: City Manager requesting the City Commission to receive a report from Matt
Sutcliffe, President and Chief Operating Officer of Premier Pyrotechnics, regarding the July 4,
2006 Celebration of Freedom event.
PURPOSE: This agenda item is needed for the City Commission to hear Mr. Sutcliffe's proposal for
resolving fireworks performance issues related to the July 4, 2006 Celebration of Freedom event, and to
provide staff with any direction the Commission deems appropriate.
CONSIDERATIONS:
As provided in the City Manager's Report of July 13,2006 the City believes that Premier Pyrotechnics'
mismanagement and negligent actions during the fireworks caused the poor performance of the show
that ultimately resulted in the fireworks being suspended less than half way through the show. Premier
Pyrotechnics acknowledges management issues with the performance of the fireworks show and desires
to reach an amicable resolution of the issue.
ALTERNATIVES:
The City has two basic alternatives as follows:
1. Take a hard line approach by terminating the Agreement and refusing to pay Premier
Pyrotechnics for any portion of the show because they clearly failed to perform the City's
satisfaction under the Agreement.
Premier could litigate its claim to be paid for reasonable expenses incurred, less expenses
incurred by the City due to its failure to perform, (i.e. the cost of the city's assistance in setting
up the fireworks, and the additional cost of the band associated with the extension of the band's
time of performance.)
City of Winter Springs
072406_ COMM _Regular _300 ]remier _Pyrotechnics ]roposal_July- 4th_Event
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2. Take a curative action in which the City and Premier would agree to terms under which the City
and Premier would amicably settle the issue.
Premier proposes a curative agreement which would allow the Company for considerations of good will
to restore the City's confidence in the Company.
Relatedly, Premier proposes to do the following:
1. Provide a July 4, 2007 fireworks show equal to or better than the planned 2006 show, valued at
$24,000, at no cost to the City.
2. Provide a shorter fireworks show at any other event of the City's choice equal to approximately
$6,000 in value at no cost to the City.
3. Send a letter of apology to each address in Winter Springs for its lack of performance.
4. That the City would compensate Premier for the fireworks that were actually fired prior to
termination of the show equal to approximately $10,000 after the firing of the July 4,2007 show,
if and only if, the City is satisfied with the 2007 show.
Based upon Premier's exemplary record other than what Premier represents to be an anomaly in Winter
Springs, this approach is worth consideration for two reasons.
a) First, the Company is going to undertake an extraordinary effort to produce two
exceptional fireworks displays to restore their Company's reputation.
b) It would save the City approximately $20,000.
RECOMMENDATION: It is recommended tha~ the Commission receive Mr. Sutcliffe's report and
proposal, and decide what it deems to be the most appropriate resolution to this issue and any direction it
deems appropriate to the Staff.
ATTACHMENTS: N/A
COMMISSION ACTION: