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HomeMy WebLinkAboutD-1 Staff Report - Azusa High School Fee Waiver ReportSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT DATE: May 15, 2023 SUBJECT: CONSIDERATION OF APPROVAL OF A SPECIAL EVENT PERMIT APPLICATION AND WAIVER OF FEES BY AZUSA HIGH SCHOOL TO ALLOW FOR A PUBLIC FIREWORKS DISPLAY IN CONJUNCTION WITH A COMMENCEMENT CEREMONY ON JUNE 6, 2023 BACKGROUND: The City of Azusa received a request from Azusa High School (“AHS”) to allow for four-minute public fireworks display in conjunction with the school’s commencement activities that are set to take place on June 6, 2023. At the time, AHS was informed that Section 30-104. - Public displays, of the Azusa Municipal Code applied. It states, fireworks may be discharged at any celebration of a public or semipublic nature if a permit authorizing the discharge of fireworks is obtained in advance of the celebration from the City Council. As a result, the applicant is subject to a Special Event Permit, along with applicable fees. Because of cost constraints associated with these types of public displays, AHS is requesting for the City to consider a finding of public benefit and consider a waiver of fees. The request discussed herein was previously scheduled for the City Council’s April 17, 2023 meeting. That evening, the item was continued to allow AHS additional time to obtain the appropriate approvals from the Azusa Unified School District (“District”) to proceed with the requested public fireworks display. On April 25, 2023 the District approved the request from AHS to allow for the public firework display. Approved City Council May 15, 2023 Special Event Permit – Azusa High School May 15, 2023 Page 2 RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Consider and approve Azusa High School’s request for a Special Event Permit to allow for a one-time firework display in conjunction with commencement activities on June 6, 2023; 2) Determine that the request is exempt from CEQA pursuant to Guidelines Section 15061(b)(3), also known as the “general rule” exemption, 3) Authorize the City Manager to execute the Special Event Permit Agreement with Azusa High School in a form acceptable to the City Attorney, on behalf of the City; and 4) Make a finding that the community at large will receive a public benefit from the expenditure of funds for the recommended items and waive associated costs. ANALYSIS: During April 2022 the Azusa Unified School District informed the community of school closures resulting from the reorganization brought on by diminishing school enrollment. In its consideration, the school district decided to consolidate the two high schools and move all high school activities to Azusa High School at the end of this upcoming school year. In celebration of the last class before the merge and rebranding, Azusa High has inquired about putting on a four- minute public firework display in conjunction with the school’s commencement activities that are set to take place on June 6, 2023. During this time, AHS staff was informed that a Special Event Permit along with associated fees must be paid. Subsequently, AHS staff reached out the Director of Economic and Community Development to request a waiver of fees for this event. In their justification, AHS staff is requesting that the City consider the following; One, the event is intended to honor the last Azusa High School class, prior to undertaking a rebranding effort, which among other things, will see the replacement of the school mascot/logo, the Aztec. In addition, AHS has informed the City, that a specialized pyrotechnic company, whom specializes in these types of events will be handling all aspects of the show in order to ensure the event will not result in any negative impacts to the City of Azusa. This includes, working with and ensuring LA County Fire is directly involved, and all applicable pyrotechnic permits are obtained. Finally, the event will be completely contained to the Azusa High School property, therefore, there will be no request to use or temporarily block off any City Streets as a result of this event. As already mentioned, this request was previously scheduled for the City Council’s April 17, 2023 meeting. That evening, the item was continued to allow AHS additional time to obtain the appropriate approvals from the Azusa Unified School District (“District”) to proceed with the requested public fireworks display. On April 25, 2023 the District approved the request from AHS to allow for the public firework display. Special Event Permit Per the Azusa Municipal Code Section 30-104 (Public displays) Fireworks may be discharged at any celebration of a public or semipublic nature if a permit authorizing the discharge of fireworks is obtained in advance of the celebration from the city council. As a result, the applicant is subject Special Event Permit – Azusa High School May 15, 2023 Page 3 to a Special Event Permit, along with applicable fees. The cost to process and issue a Special Event Permit is $5,750. As part of the Special Event Permit Agreement, Applicants are generally required to provide a deposit of $5,000 into a trust account prior to the event so that the City may be reimbursed for any personnel and administrative costs. FINDING OF PUBLIC BENEFIT: Azusa High School is requesting the fee associated with the Special Event Permit that is required trust account deposit and fees associated with staff time be waived. In its consideration, the following is a list of anticipated public benefits as a result of finding of public benefit expenditure: • Encourages collaboration between the City of Azusa, and Azusa Unified School District; • Promote and honor a special juncture in the history of the Azusa High School; • Will allow for a pyrotechnic display that will also be enjoyed by surrounding City of Azusa Residents; and • The event will not impact, nor unnecessarily burden other City resources as a result of this event. FISCAL IMPACT: The fiscal impact associated with the recommended actions are the waiving of the Special Event Permit fee in the amount of $5,750, which is solely the cost of the Special Event Permit. At this time, the City does not anticipate any other City Department fees. This consideration does not include any waiver of non-city agency fees, such as LA County Fire. It will be the responsibility of the applicant to ensure those respective approvals and fees are addressed. CEQA: ENVIRONMENTAL DETERMINATION: Exempt The proposed project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.) In this case, CEQA Guidelines Section 15061(b)(3) apply, and which states, activities covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the public firework display will be a four-minute presentation consisting of pyrotechnic ordnance material that is typical of these types of events, and for which have been occurring in the general region for numerous years. Furthermore, the pyrotechnic operator is subject to the review and approval by the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF.”) Special Event Permit – Azusa High School May 15, 2023 Page 4 Prepared and Reviewed by: Jose D. Jimenez Director of Economic & Community Development Fiscal Review by: Reviewed and Approved: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Conditions of Approval 2) Special Event Permit Agreement 3) Azusa Unified School District Approval Conditions of Approval Case No: Special Event Permit for Azusa High School Firework Display Address: 240 N Cerritos Ave, Azusa, CA 91702 Project: Special Event Permit for Azusa High School 2022-2023 Commencement. A.All requirements of the Planning Division shall be met, including but not limited to the following: B. 1.The permit to allow a special event shall be exercised only for June 6, 2023 set-up and event dates or said permit shall expire and be subject to revocation, unless an extension of time is approved in compliance with Section 88.52.040 of the Development Code. The permit shall not be deemed “exercised” until the applicant has commenced preparation or operation of the use, for projects not requiring building permits. 2.If the request for waiver of fee is not honored, the applicant shall deposit $5,000.00 into a reimbursement City trust account for any Planning Division, Building Division, Code Enforcement, Azusa Light & Water Department, Police Department or Public Works administrative fees. 3.If applicable, all Police Department, Fire Department and Public Works requirements shall be met at all times. 4.The applicant shall meet all the requirements of the Los Angeles County Fire Department. 5.If the request for waiver is not granted, the applicant shall fully execute the Reimbursement Letter prior to the Special Event. 6.The applicant shall work closely with the surrounding residential property and will provide notice about the firework display. 7.Applicant shall provide and maintain several litter receptacles as part of the event and be responsible for keeping the receptacle and the area around it clean and free of excess trash or debris at all times. 8.If applicable, concrete trash cans or other removable enclosures that might be able to conceal explosive devices shall be removed by Azusa Public Works or applicant the day prior to the event. Trash cans should be replaced with cardboard or plastic trash cans. 9.The applicant shall provide an emergency communications system sufficient to meet the emergency requirements of the police and fire departments. 10.The applicant shall clear the event area of all litter, trash, debris, and event-related equipment and materials within 48 hours of the event. 11.After a hearing sufficient to allow the applicant to explain their conduct, the council may revoke, suspend or modify a permit for an outdoor activity where the applicant has violated this article or conditions of this permit. 12.If it becomes necessary for the City to take any legal action or commence any administrative proceedings against the applicant or any successor in interest in order Attachment 1 Special Event Permit – Azusa High School May 15, 2023 Page 2 to enforce any of the conditions of approval set forth herein, the City shall recover from the applicant or successor in interest reasonable attorney's fees and other reasonable costs incurred in such action or proceeding, provided that the City is the prevailing party in any portion of such action or proceeding 13. The applicant or successor in interest shall be the real party in interest and shall assume primary responsibility for the defense of any legal action or proceeding commenced against the City to challenge the City's approval of Land Use Entitlements and/or the City's approval related to such land use approval. The applicant or successor in interest shall reimburse the City for all reasonable attorneys’ fees and other reasonable costs incurred by the City in defending such action or proceeding. 14. By accepting approval of the Land Use Entitlements subject to the conditions set forth herein, the applicant or successor in interest shall be deemed to have agreed to the terms and conditions set forth herein and the City shall have the right to enforce in its sole discretion such terms and conditions by pursuing any and all available legal and equitable remedies. 15. Any changes to the conditions listed above must be approved by the City Council. C. All requirements of the Police Department shall be met, including but not limited to the following: The following draft condition of approval shall be revised and modified, based on prepared and submitted traffic control plans for the proposed route and affected area: 1. The event organizer shall provide the Azusa Police Department with the names, address and phone numbers of (2) two on-site responsible persons for the event. 2. The event organizer shall provide a list of contact numbers for all responsible parties that are involved with the special event (outside agency contacts, contract security supervisor, contract emergency vehicles and other involved parties). 3. The event organizer shall supply adequate proof of insurance to meet City requirements and an indemnification for the City, and the Police Department. 4. The event organizer shall also contact City of Azusa Human Resources Department on event employee staffing requirements. 5. If an outside event security company is used for this event, these security guards shall be from a bona fide, fully licensed and bonded security company. The applicant shall provide proof of license and security company, prior to the event. 6. The event organizer will also follow all recommendations from the Traffic and T.L.O. Division of the Azusa Police Department. 7. Vendors and exhibitors will be required to obtain the requisite fire permits. 8. The applicant shall adhere to the approved site plans and Conditions of Approval and shall reimburse the City of Azusa Police Department for any costs incurred in the preparation and implementation of the events, based on the following estimated personnel requirements. Special Event Permit – Azusa High School May 15, 2023 Page 3 9. The following estimated personnel requirements and costs may be modified or increased, prior to the event, at the discretion of the City of Azusa Police Department 10. Traffic control officers along the marathon route shall also act as TLO observers, monitoring the route for potential threats while maintaining a safe and secure event environment. This should be discussed during traffic control briefing. 11. Unless immediate action is necessary, any identified or reported suspicious activity will be reported to the Command Post for appropriate response. C. All requirements of the Fire Department shall be met, including but not limited to the following: 1. The applicant shall adhere to any applicable Conditions of Approval and shall reimburse Los Angeles County Fire Department for any costs incurred in the preparation and implementation of the event. Special Event Permit Agreement – Azusa High School Firework Display – June 6, 2023 City Council Meeting – May 15, 2023 Page 1 of 8 CITY OF AZUSA AND AZUSA UNIFIED SCHOOL DISTRICT SPECIAL EVENT PERMIT AGREEMENT THIS SPECIAL EVENT PERMIT AGREEMENT (“Agreement”) is made this 17th day of April, 2023 by and between the CITY OF AZUSA, a municipal corporation of the State of California, (hereinafter, “City”), and Azusa Unified School District (hereinafter, “Permittee”). City and Permittee are sometimes individually referred to herein as a “Party,” and collectively referred to herein as the “Parties”. RECITALS WHEREAS, Permittee consists of nine elementary, three middle, one K-8, and three high schools, as well as an Adult School and Alternative Education school. AUSD encompasses 9.7 square miles of Azusa and parts of Covina and unincorporated Los Angeles County; and WHEREAS, On or about May 15, 2023, the City Council approved an application by Permittee to conduct a Four-Minute public firework display in conjunction with commencement activities associated with Azusa High School; and WHEREAS, City desires, under the conditions set forth herein, to permit Permittee to organize, promote, and operate Azusa High School firework display (hereinafter, “Athletic Events”) in the City. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE: SECTION I PERMIT 1.Permitted Activities. City grants to Permittee Special Event Permits to conduct the Public Firework Display, which are subject to Permittee’s satisfaction of all the conditions imposed by the City (“Conditions”), as described in Exhibit “A.” Exhibits “A” is attached hereto and incorporated herein by reference. Permittee shall use its best efforts to satisfy such conditions and plans to enable it to organize, promote, and allow for the event to take place. 2.Application of Agreement. The terms of this Agreement shall be limited to the following scheduled on the property of the Azusa High School, that is scheduled to take place on on Saturday, June 6, 2023: Attachment 2 Special Event Permit Agreement – Azusa High School Firework Display – June 6, 2023 City Council Meeting – May 15, 2023 Page 2 of 8 Set Up: 7:00 AM Event Time: TBD Clean Up Starts: TBD Clean Up Ends/ SECTION II PERMITTEE’S OBLIGATIONS 1.Costs Related to the Firework Event. If applicable, in determining the Event Costs for the Firework Event, the City shall consider information submitted by Permittee with respect to the Event Costs. Notwithstanding, the final determination with respect to the Event Costs shall be made by the City and such determination shall be final and binding on Permittee, if a fee waiver is not granted. 2.Non-Participation by City. The parties acknowledge and agree that the City is neither a participant in or a sponsor of any part of this event being conducted exclusively by Permittee. It is the intent and desire of the City to ensure that all individuals and entities, including, without limitation, the sponsors of the event, each and every participant in the Event, all employees, contractors and agents of Permittee and the general public are clearly informed that the City is neither a participant in or a sponsor of the Event. Such notification shall be in all languages as are reasonably necessary to notify all sponsors and participants. Further, the City shall have the right to review and approve, in its sole discretion, all publications pertaining to the Athletic Events, including, without limitation, advertising materials, license agreements, applications for participants as well as all subcontracts. 3.Indemnification. To the fullest extent permitted by law, Permittee shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Permittee, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. To the fullest extent permitted by law, Permittee shall defend, with counsel of City’s choosing and at Permittee’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by this Section that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Permittee shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Permittee shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees Special Event Permit Agreement – Azusa High School Firework Display – June 6, 2023 City Council Meeting – May 15, 2023 Page 3 of 8 and costs, including expert witness fees. Permittee shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Permittee’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 4. Insurance. Without limiting Permittee’s indemnification of City, Permittee shall obtain and provide and maintain at its own expense to insure and cover the activities relative to the Event, policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be filed concurrently with the Parties’ execution of this Agreement. Said policies shall add as insureds the City, its elected officials, officers, employees, volunteers and agents for all liability arising from Permittee’s services as described herein. A. Permittee shall provide to City, certificates of insurance with original endorsements, and copies of policies, with the following insurance, with A.M. Best’s rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law: (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, and shall be no less than $2,000,000 per occurrence and no less than $5,000,000 in the general aggregate, providing that Azusa Unified School District shall each obtain its own policy and shall not be included as part of a larger umbrella policy. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) restrict coverage to “sole” liability of Permittee; or (4) contain any other exclusion contrary to the Agreement. (2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability will not be required because Brooksee does not have employees in California. However, proof of Workers Compensation Insurance covering the Nevada employee will be required.. Special Event Permit Agreement – Azusa High School Firework Display – June 6, 2023 City Council Meeting – May 15, 2023 Page 4 of 8 B. All required policies shall be endorsed to provide the following: (1) Policies shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after Seventy-Two (72) Hours’ prior notice has been given in writing to City. (2) Policies shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Permittee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. (3) Policies shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Permittee. City may cancel this Agreement in the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced. C. Permittee shall give to City prompt and timely notice of claim made or suit instituted arising out of Permittee’s activities hereunder. Permittee hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Permittee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection relative to the conduct of the Athletic Events. 6. Performance Bond. Without limiting Permittee’s indemnification of City, Permittee shall obtain and provide and post with the City finance department, a performance bond in the sum of $20,000 for the Athletic Event to indemnify the City for the cost of responding to a breach of the obligations, requirements and conditions upon which the City may issue a permit to Permittee. Such bond shall be posted three (3) months prior to the event date. SECTION III REPRESENTATIONS, WARRANTIES AND COVENANTS 1. Representations, Warranties and Covenants. Permittee makes the following representations, warranties and covenants for the benefit of City and to induce the City to consider its application for a permit to conduct the Event, which representations, warranties and covenants shall survive the conduct of such events: Special Event Permit Agreement – Azusa High School Firework Display – June 6, 2023 City Council Meeting – May 15, 2023 Page 5 of 8 A. The Event shall be conducted by Permittee and by individuals under its direct supervision. Permittee possesses the professional and technical personnel required to conduct the Event contemplated by this Agreement. B. Permittee shall designate and provide a name of an Azusa High School representative, as its project manager and liaison with the City. C. The Athletic Events conducted by Permittee will conform to all applicable City, county, state, and federal law and requirements. D. All personnel engaged by Permittee in the conduct the Event are fully qualified and are authorized or permitted under City, county, state and federal law to conduct such activities. Permittee has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required to conduct the Athletic Events (with the exception of the permits from the City). Permittee shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. E. All appropriate actions have been taken by Permittee to authorize its entry into this Agreement and the performance of its terms. All individuals executing this Agreement on behalf of Permittee are authorized to execute this Agreement and all appropriate actions relative to such authorization have been taken. SECTION IV GENERAL PROVISIONS 1. Prohibition Against Transfers. Permittee shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of the City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. 2. Termination. A. City may, by written notice to Permittee, terminate the whole, or any part, of this Agreement at any time and without cause by giving written notice to Permittee of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Permittee may not terminate this Agreement except for cause. Special Event Permit Agreement – Azusa High School Firework Display – June 6, 2023 City Council Meeting – May 15, 2023 Page 6 of 8 B. In the event this Agreement is terminated, in whole or in part, as provided in paragraph A of this section, City may permit any other person or entity upon such terms, and in such manner as it may determine appropriate, to conduct the Athletic Events. 3. Notices. The persons and their address having authority to give and receive notices under this Agreement are as follows: City Permittee City of Azusa Azusa Unified School District Jose D. Jimenez c/o Azusa High School Director of Economic & Community Development ATTN: TBD 213 E. Foothill Blvd 240 North Cerritos Avenue, (626) 815-3427 Azusa, CA 91702 (626) 815-3427 Any notices from either party to the other shall be given in writing to the attention of the persons listed above, or to other such addresses or addressees as may hereafter by designated in writing for notices by either party to the other. Notice shall be given by certified, express, or registered mail, return receipt requested, and shall be effective as of the date of receipt indicated on the return receipt card. 4. Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 5. Entire Agreement. This Agreement contains the entire agreement between City and Permittee with respect to the subject matter hereof and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 6. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue shall be in Los Angeles County. 7. City Liaison. The City shall make available to Permittee a liaison on the City staff that shall be available for the coordination of the Athletic Events with Permittee. 8. Recitals. The recitals constitute a material part of this Agreement and are hereby incorporated herein by reference as though fully set forth hereat. Special Event Permit Agreement – Azusa High School Firework Display – June 6, 2023 City Council Meeting – May 15, 2023 Page 7 of 8 9. Binding Effect. The terms of this Agreement shall be binding on the successors and assigns of each party to this Agreement. 10. Invalidity and Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court or competent jurisdiction, the remaining provisions shall continue in full force and effect. 11. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppels, or otherwise. 12. Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 13. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute on original. See Next Page for Signatures Special Event Permit Agreement – Azusa High School Firework Display – June 6, 2023 City Council Meeting – May 15, 2023 Page 8 of 8 IN WITNESS WHEREOF, the Parties hereby execute this Agreement effective upon the day and year first above written. CITY OF AZUSA Azusa Unified School District c/o Azusa High School By: By: Sergio Gonzalez TBD City Manager TBD Date: Date: ATTEST: APPROVED AS TO FORM: By: By:___________________________ Jeffrey Lawrence Cornejo Best Best & Krieger LLP City Clerk City Attorney Date: Date: 5/4/23, 2:36 PM Print Item https://azusa.ic-board.com/com/print_item.aspx?itemId=13253&eId=2lpV1+flyuQ=1/1 A I Agreement between AHS and Pyro Spectaculars, Inc.pdf Meeting Date:4/25/2023 - 5:30 PM Category:Curriculum and Instruction Type:Action Subject:12.4 Approval of Agreement between Azusa High School (AHS) and Pyro Spectaculars, Inc. Strategic Goals:4. Community Engagement We empower students, staff, families, parents, and community members in ownership of our schools to support student achievement. Enclosure: File Attachment: Rationale:Pyro Spectaculars, Inc. will put on a firework show to celebrate the graduating class of 2023 at AHS. Budgetary Impact:The cost, not to exceed $6,000, to be paid from AHS’s Associated Student Body funds. Recommendation It is recommended the Board of Education approve agreement between AHS and Pyro Spectaculars, Inc. Approvals:Recommended By: Signed By: Lisa Allen - Secretary to the Assistant Superintendent, Educational Services Signed By: Norma Carvajal-Camacho - Assistant Superintendent, Educational Services Signed By: Arturo Ortega - Superintendent Vote Results: Original Motion Member Sandra Benavides Moved, Member Sabrina Bow, Ed.D. seconded to approve the Original motion 'It is recommended the Board of Education approve agreement between AHS and Pyro Spectaculars, Inc.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 3 Nay: 2. The motion Carried 3 - 2 Yolanda Rodriguez-Peña No Adrian Greer Yes Gabriela Arellanes No Sabrina Bow, Ed.D. Yes Sandra Benavides Yes Attachment 3