HomeMy WebLinkAboutPR 24843: EXECUTE A CONTRACT WITH ROAR OVER TEXAS FOR JULY 4, 2026, FIREWORK DISPLAY City of _
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: April 23, 2026
To: The Honorable Mayor and City Council
Through: Ronald"Ron" Burton, City Manager
RE: P.R. NO. 24843
Introduction:
To obtain City Council authorization for the City Manager to execute a contract with Roar Over
Texas(Houston,Texas) for the July 4, 2026,fireworks display on Pleasure Island,in an amount
not to exceed$30,000.00.
Background:
The City of Port Arthur annually hosts a Fourth of July fireworks display as part of its
Independence Day celebration. This long-standing event provides residents and visitors with a
safe, family-friendly opportunity to celebrate while fostering civic pride and community
engagement.
In preparation for the 2026 event, the City solicited competitive quotations from qualified
vendors to provide a professional fireworks display to be conducted on July 4, 2026, at
approximately 9:00 p.m. on Pleasure Island. The City received three (3) responsive quotations
from the following vendors:
• Roar Over Texas (Houston,Texas)
• Sky Wonder Pyrotechnics (Houston, Texas)
• Illumination Fireworks Partners (Carrollton, Texas)
The solicitation resulted in identical lowest bids. None of the bidders qualified for preferential
selection under Section 271.901(b)of the Texas Local Government Code.Accordingly,pursuant
to Section 271.901, the City Council conducted a selection by the casting of lots at its April 21,
2026, meeting, at which time Roar Over Texas was selected.
Budget Impact:
The cost of the fireworks show shall not exceed $30,000.00.Funding for this contract is hereby
appropriated from Account No. 001-01-005-5470-00-10-000, Project No. MA0066.
Recommendation:
Following the Council's selection, staff negotiated a contract with Roar Over Texas for a twenty
(20)minute fireworks display. Roar Over Texas has demonstrated the capability and experience
necessary to provide a professional, safe, and high-quality fireworks display consistent with the
City's expectations for this signature event.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
Pr 24843
04/23/26 tnr
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH ROAR OVER TEXAS (HOUSTON,
TEXAS) FOR A JULY 4, 2026, FIREWORKS DISPLAY ON
PLEASURE ISLAND; PROVIDING FOR A PROJECTED
BUDGETARY IMPACT OF $30,000.00; ACCOUNT 001-01-005-5470-
00-10-000/PROJECT MA0066.
WHEREAS, the City of Port Arthur annually hosts a Fourth of July fireworks display to
celebrate Independence Day and to provide a safe,family-oriented community event that promotes
civic pride and public engagement; and
WHEREAS, in furtherance of this public purpose, the City solicited competitive
quotations from qualified vendors to provide a professional fireworks display to be conducted on
July 4, 2026, at approximately 9:00 p.m. on Pleasure Island; and
WHEREAS, the City received three (3) responsive quotations from qualified vendors,
namely Roar Over Texas (Houston, Texas), Sky Wonder Pyrotechnics (Houston, Texas), and
Illumination Fireworks Partners (Carrollton, Texas); and
WHEREAS, the quotations resulted in identical lowest bids, and none of the bidders
qualified for preferential selection under Section 271.901(b)of the Texas Local Government Code;
and
WHEREAS, pursuant to Section 271.901 of the Texas Local Government Code, the City
Council conducted a selection by the casting of lots at its April 21, 2026,meeting, in the presence
of Council and in accordance with applicable law, and Roar Over Texas (Houston, Texas) was
duly selected; and
WHEREAS, following such selection, the City has negotiated a contract with Roar Over
Texas for a fireworks display, and the City Council finds that the terms of the negotiated
agreement, attached hereto as Exhibit "A", are fair, reasonable, and in the best interests of the
City; and
WHEREAS, funding for this expenditure is available in Account No. 001-01-005-5470-
00-10-000, Project No. MA0066.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
SECTION 1. The recitals and findings set forth in the preamble of this resolution are true
and correct and incorporated herein for all purposes.
SECTION 2. The City Council hereby ratifies and confirms its April 21, 2026, selection
of Roar Over Texas(Houston,Texas)for the July 4,2026,fireworks display,as determined by the
casting of lots in accordance with Section 271.901 of the Texas Local Government Code.
SECTION 3.The City Manager is hereby authorized to execute a contract with Roar Over
Texas (Houston, Texas) for a twenty (20) minute fireworks display to be conducted on July 4,
orr
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04/23/26 tnr
2026, on Pleasure Island, in an amount not to exceed($30,000.00), in substantially the same form
as the agreement attached hereto as Exhibit"A."
SECTION 4. Funds in the amount of$30,000.00 are hereby appropriated from Account
No. 001-01-005-5470-00-10-000, Project No. MA0066, for purposes of this contract.
SECTION 5. All other bids and proposals not selected are hereby rejected in accordance
with applicable law.
SECTION 6. A copy of the caption of this Resolution shall be spread upon the official
minutes of the City Council.
READ,ADOPTED,AND APPROVED this the day of May, A.D. 2026 at a
Regular Meeting of the City of Port Arthur, Texas by the following vote:AYES
Mayor: Councilmembers:
Noes:
Charlotte M. Moses, Mayor
ATTEST:
Sherri Bellard,TRMC, City Secretary
APPROVED
Roxann Pais Cotroneo, City Attorney
APPROVED JiI A 1 MIN :'1TION:
'A-V..' 7
Ronald "Rol-Pinto ' Manager
APPROV AS FO OF FUNDS:
Lyn B we , Dire or of Fi ce
LJlLU
Clifton Williams, Purchasing Manager
Pr 24843
04/23/26tnr
EXHIBIT "A"
FIREWORKS DISPLAY SERVICES AGREEMENT
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR FIREWORK DISPLAY SERVICES
COUNTY OF JEFFERSON §
This Agreement for Fireworks Display Services ("Agreement") is made by and between
the City of Port Arthur,Texas, a Texas home-rule municipality located in Jefferson County,Texas
("City"), and ROAR OVER TEXAS, OF HOUSTON, TEXAS ("Contractor") (individually,
each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized
representatives.
Recitals
WHEREAS,the City desires to engage Contractor as an independent contractor to provide
a professional fireworks display in connection with the City's July 4, 2026, Independence Day
celebration; and
WHEREAS, Contractor represents that it possesses the experience,personnel, equipment,
and licenses necessary to safely perform such services; and
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the
Parties agree as follows:
Article I
Employment of Professional
1. The professional will perform as an independent contractor for all services under this
Agreement in accordance with the Statutory Standard of Care, codified in Tex. Civ. Prac. &
Rem. Code § 130.0021(b)(1). Contractor shall perform all services in a safe, workmanlike
manner consistent with industry standards applicable to pyrotechnic displays, and in
strict compliance with all applicable federal, state, and local laws, regulations, and codes.
2. Contractor agrees to design, furnish, deliver, set up, discharge, and remove a professional
fireworks display in connection with the City's July 4, 2026, Independence Day celebration.
Article II
Term
1. This Agreement shall become effective upon execution and shall terminate upon completion
of the fireworks display and final payment, unless earlier terminated as provided herein.
2. Contractor may terminate this Agreement upon thirty (30) days' written notice; provided,
however, termination within fourteen(14) days of the scheduled event date shall require City
approval.
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City of Port Arthur, Texas
Firework Display Services Agreement
FIREWORKS DISPLAY SERVICES AGREEMENT
3. City may terminate this Agreement for convenience upon ten (10) days' written notice, or
immediately for cause if Contractor fails to comply with material terms.
4. Upon termination, Contractor shall be paid only for services satisfactorily performed and
approved by the City.
5. This Agreement shall commence upon execution and terminate upon completion of all services
and final payment,unless earlier terminated as provided herein.
Article III
Scope of Services
1. Professional shall perform the services specifically set forth in Exhibit A, attached hereto and
incorporated herein by reference, entitled "Scope of Services." In the event of any conflict
between the language of Exhibit A and the provisions of this Agreement,the provisions of this
Agreement shall control. Any additional services require the prior approval of the City Council
of the City. Contractor shall perform the services set forth in Exhibit A (Scope of Services),
including, at a minimum:
• A twenty(20) minute professional fireworks display;
• Delivery, handling, storage, setup, and discharge of fireworks;
• Site security and safety perimeter control;
• Post-event cleanup and debris removal.
2. The display shall occur on July 4, 2026, at approximately 9:00 p.m. on Pleasure Island,
unless otherwise directed by the City.
3. Contractor shall comply with all applicable safety standards, including but not limited to:
• NFPA 1123 (Code for Fireworks Display)
• All Bureau of Alcohol,Tobacco, Firearms, and Explosives (ATF) requirements
• All directives of the City Fire Marshal and public safety officials
Article IV
Compensation and Method of Payment
1. City shall pay Professional for the services specifically as set forth in Exhibit A and in
accordance with the Rate Schedule in an amount not to exceed Thirty Thousand Dollars
($30,000.00) for full performance of this Agreement.
2. Within thirty(30)days of receipt of an approved invoice confirming satisfactory performance,
City shall make payment in the amount shown by the Professional's approved monthly invoice
and other documentation submitted. No advance payment shall be made unless expressly
approved in writing by the City.
3. Professional shall be solely responsible for the payment of all costs and expenses related to the
services provided pursuant to this Agreement,including,but not limited to,travel, copying and
facsimile charges, reproduction charges, and telephone, internet, e-mail, and postage charges,
except as set forth in Exhibit A.
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City of Port Arthur, Texas
Firework Display Services Agreement
FIREWORKS DISPLAY SERVICES AGREEMENT
4. Nothing contained in this Agreement shall require City to pay for any services that are
unsatisfactory as determined by City or which is not performed in compliance with the terms
of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this
section constitute a waiver of any right, at law or in equity,which City may have if Professional
is in default, including the right to bring legal action for damages or for specific performance
of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver
of any subsequent default.
Article V
Miscellaneous
1. In the event of inclement weather, unsafe conditions, or other force majeure events (including
but not limited to high winds, lightning, or governmental restrictions):
• The City, in consultation with the Fire Marshal, shall have sole authority to delay,
suspend, or cancel the fireworks display due to unsafe conditions, including weather.
• The Parties may mutually agree to reschedule the display.
• If canceled and not rescheduled, Contractor shall be paid only for actual,reasonable, and
documented costs incurred, subject to City approval and not to exceed the contract
amount.
2. Contractor shall establish and maintain all required safety perimeters and fallout zones.
Article VI
Insurance
1. Before commencing work, Professional shall, at its own expense, procure, pay for, and
maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. The professional shall furnish the City
Manager certificates of insurance executed by the insurer or its authorized agent, stating the
coverages,limits, expiration dates, and compliance with all applicable provisions. Certificates
shall reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ronald Burton, City Manager
444 4th Street
Port Arthur, Texas 77640-1089
A. Commercial General Liability insurance, including, but not limited to,
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
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City of Port Arthur, Texas
Firework Display Services Agreement
FIREWORKS DISPLAY SERVICES AGREEMENT
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per-project basis.
B. Workers' Compensation insurance with statutory limits; and Employers' Liability
coverage with minimum limits for bodily injury: 1)by accident, $100,000 each accident,
and 2)by disease, $100,000 per employee with a per policy aggregate of$500,000.
C. Business Automobile Liability insurance covering owned, hired, and non-owned vehicles,
with a minimum combined bodily injury and property damage limit of $500,000 per
occurrence.
D. Professional Liability Insurance to provide coverage against claims which the Professional
and all professionals engaged or employed by the Professional become legally obligated to
pay as damages arising out of the performance of professional services caused by error,
omission, or negligent act, with minimum limits of $1,000,000 per claim, $1,000,000
annual aggregate
NOTE:If the insurance is written on a claims-made form,coverage shall be continuous(by renewal
or extended reporting period) for not less than thirty-six(36)months following completion of this
Agreement and acceptance by City.
2. With reference to the foregoing required insurance, Professional shall endorse applicable
insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be
contained in the Workers' Compensation insurance policy.
B. The City,its officials, employees, and officers shall be named as additional insureds on the
Commercial General Liability policy,by using endorsement CG2026 or broader.
C. All insurance policies shall be endorsed to the effect that the City will receive at least thirty
(30) days' notice prior to cancellation, non-renewal, or termination of the policies.
D. All insurance shall be purchased from an insurance company that meets a financial rating
of B+VI or better as assigned by A.M. Best Company or equivalent.
Article VII
Indemnification
1. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM
AND AGAINST ANY AND ALL LIABILITIES,DAMAGES,CLAIMS,SUITS,COSTS
(INCLUDING COURT COSTS, REASONABLE ATTORNEY'S FEES AND COSTS
OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO OR DEATH OF
ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT
CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES
UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON
THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
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City of Port Arthur, Texas
Firework Display Services Agreement
FIREWORKS DISPLAY SERVICES AGREEMENT
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY,CLAIMS,SUITS,COSTS,INJURIES,DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY.PROFESSIONAL OBLIGATIONS UNDER THIS SECTION SHALL NOT
BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS
AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR
ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY THE
INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF
THIS AGREEMENT
[The Remainder of this Page Intentionally Left Blank]
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City of Port Arthur, Texas
Firework Display Services Agreement
FIREWORKS DISPLAY SERVICES AGREEMENT
EXECUTED this day of , 2026.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ronald Burton, City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, City Attorney
EXECUTED this day of , 2026.
PROFESSIONAL:
ROAR OVER TEXAS
By:
Name:
Wage
City of Port Arthur, Texas
Firework Display Services Agreement
FIREWORKS DISPLAY SERVICES AGREEMENT
Exhibit A
Scope of Services/ Schedule
•
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City of Port Arthur, Texas
Firework Display Services Agreement
SPECIFICATIONS
INTRODUCTION AND BACKGROUND
The City of Port Arthur would like to contract with a company to provide a Fireworks Display and Services
for the City of Port Arthur on July 4, 2026 at Nightfall (Approx. 9:00 p.m.) on Pleasure Island located at 520
Pleasure Pier Blvd,Port Arthur,TX.
SCOPE OF SERVICES—
The Contractor shall provide 20-30-minute aerial fireworks display at Pleasure Island and handle all setup,
permitting, cleanup. 1.3G shells Max Burst Diameter(ft) 197 Maximum Height(ft) 500 3"Assorted Platinum
Shells-A w/Tail assorted effects 4" Brocade Assortment 4" Brocade Platinum Crown Crossette 5" Assorted
Platinum Shells-A w/tails 6" Assorted Shells w/tails assorted effects" Or equivalent the display would be 20
-30 minutes. The Contractor must be available to come back immediately for display if it rains out on the 4th
of July. Display shall include a spectrum of styles and patterns.
There should be no gaps of time between shells, good display pacing, multiple firing, tailed effect and a
choreographed control of the display execution.The Contractor must provide information on the average pace
of shells per minute.The contractor shall be responsible for the use of appropriate racks for each shell type,to
ensure fire safety. The City of Port Arthur Fire Chief will have sole discretion as to the decision to fire shells
based on inclement weather,wind, crowd issues, security,etc...
Display presentation must be staffed and executed by trained and licensed personnel in pyrotechnics.
COMPLIANCE REQUIREMENTS-Contractor shall comply with the Texas Fire Prevention Code,NFPA,
1123,and hold current Texas Pyrotechnic Operator licenses with required permits.
EXPERIENCE AND QUALIFICATIONS-
The quote must include firm background, licensed operators,display descriptions,safety procedures, and
references.
CITY OF PORT ARTHUR
City 4QUOTE SHEET-REVISED
(Specifications are attached)
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Date of Request: February 3,2026
Department Requesting Quote: City Manager
Bid Number: Q26-004
Services Needed: Fireworks for the City of Port Arthur
Quote Due Date & Time: Monday, February 9, 2026 by 2:00 P.M.
Delivery: Quotes are to be faxed to (409)983-8291,
E-mailed to Yolanda.goudeaux@portarthurtx.gov
Delivered to the Purchasing Div., 2nd floor,City Hall.
Questions, please contact: Yolanda Goudeaux, Purchasing Assistant.
Yolanda.goudeaux@portarthurtx.gov
ITEM# DESCRIPTION COST
1 Fireworks for 20 minutes $ 30,000
2 Fireworks for 30 minutes $ 45,000
ROAR Over Texas, Inc. 7faa;4+a i>s.Gn1
Company Name Signature
•
Karissa Knebel (414)430-2181
Printed Name Phone
9734 Tucker Cypress Dr.
Address Fax
Houston, TX 77095 sales@roarovertexas.com
City,State,Zip E-mail
: � 02/09/2026
Clifton 'illiams,Purchasing Manager Date