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Home My WebLink AboutA010 - Motion approving request from Discover Ames for Fireworks Permit for display at ISU Parking Lot G10 for July 3, 2026ITEM #:11 DATE:06-09-26 DEPT:ADMIN SUBJECT:FIREWORKS PERMIT FOR INDEPENDENCE DAY FIREWORKS COUNCIL ACTION FORM BACKGROUND: Discover Ames is organizing the annual Independence Day Fireworks Display, which will take place on July 3, 2026. The fireworks will be launched from ISU Parking Lot G10, east of Jack Trice Stadium. The display is anticipated to begin at 10:00 p.m. and will be between 15 and 20 minutes in length. A rain date has been requested for July 5. The display operator is J&M Displays, which has substantial experience launching the Ames Independence Day fireworks display. The display operator and Discover Ames have filed a Fireworks Permit application (attached), which has received approval signatures from representatives of ISU Environmental Health and Safety, ISU Police, ISU Risk Management, and the Ames Fire Inspector. A certificate of liability insurance is on file with the City Clerk’s Office. Community members can view the display from adjacent stadium parking lots. ALTERNATIVES: 1. Approve a Fireworks Permit for the Independence Day Fireworks Display on July 3, with a rain date of July 5. 2. Do not approve a Fireworks Permit. CITY MANAGER'S RECOMMENDED ACTION: The Independence Day Fireworks Display is a popular community event. City staff has consulted with Discover Ames and ISU officials regarding the planning for the display, and all appropriate application materials and approvals have been obtained. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ATTACHMENT(S): Signed ISU Agreement and Supporting Documents - 4th of July Fireworks 1 IOWA STATE UNIVERSITY FACILITY AND GROUNDS USE AGREEMENT (FIREWORKS) This Facility and Grounds Use Agreement (“Agreement”) is entered into by Iowa State University of Science and Technology (“ISU”), and J&M Displays, Inc., 18064 170th Avenue, Yarmouth, IA 52660 (“Display Operator”). The Effective Date of this Agreement shall be the date on which the last party signs this Agreement. Attachments A and B are incorporated into this Agreement by reference. 1. Permission to Use Space. ISU grants Display Operator and Display Operator’s Sponsoring Organization (See Attachment A) permission to use the space described in Attachment A (Fireworks Application and Attachments and ISU Policy, Procedures) during the period described in Attachment A. 2. Use of Space; ISU Access to Space. Display Operator may use the Space only for the purpose described in Attachment A. Display Operator acknowledges that others may be using other areas of ISU’s property during the Use Period. Display Operator shall not disrupt such use by others. ISU reserves the right to inspect the Space, access the Space to perform maintenance, enforce applicable laws, regulations, and policies and remove any person who is disruptive to ISU’s operations or where ISU reasonably believes such person is acting in an unsafe manner or may cause or has caused harm to people, the Space, or other property. 3. Compliance with Law and ISU Policies. Display Operator shall comply with, and shall require its employees, agents, subcontractors and guests to comply with, all applicable laws, regulations, ordinances and ISU policies. ISU policies include, but are not limited to, the following prohibitions in ISU buildings and on ISU property: (a) smoking; (b) alcohol, unless prior written permission has been granted; (c) intoxicants, narcotics, and drugs; (d) firearms, weapons, ammunition, fireworks, explosives, and highly flammable materials; (e) gambling; and (f) solicitation. Motor vehicles of any type are prohibited from being driven on ISU sidewalks or outdoor green space areas. Illegally parked vehicles will be ticketed and subject to towing, without warning, at the owner’s expense. Display Operator shall obtain the consent of ISU before bringing, or permitting its employees, agents, subcontractors or guests to bring animals on ISU property and shall comply with ISU’s Animals on Campus policy and other applicable policies. Prior consent is not required when the animal is assisting persons with disabilities. With this agreement ISU grants Fireworks Display Operator permission to use fireworks. 4. Display Operator Equipment and Property. ISU shall not be responsible for loss or damage to property, material, or equipment belonging to Display Operator or its employees, agents, subcontractors, guests or sponsoring organization (“Display Operator Property”). Display Operator shall remove all Display Operator Property as agreed to in Attachment A or promptly upon termination or cancellation of this Agreement. ISU may remove and store any Display Operator Property that Display Operator fails to remove. Display Operator shall pay all expenses associated with such removal or storage. 5. Decorations and Publicity. All signs, banners, decorations, displays, and exhibits and the location of such items must have prior written approval from ISU. The parties agree not to use the name or trademarks of the other party or the name of any of the other party’s employees in publicity or advertising without the prior written consent of the other party. Display Operator may use ISU’s name when providing the address of the location of Display Operator’s event. Unless express written permission has been granted, Display Operator shall not represent or imply that it is affiliated with ISU or that Display Operator’s event is endorsed or approved by ISU. 6. Vacating Space. Display Operator shall vacate the Space at the end of the Use Period or upon cancellation of this Agreement and leave the Space in as good condition as the Space was upon entry by Display Operator, reasonable wear and tear excepted. Except for reasonable wear and tear, Display Operator shall be responsible for any damage to or loss of ISU property caused by Display Operator or Display Operator’s employees, agents, subcontractors or guests and for any excessive trash. Display Operator shall notify ISU immediately of any such damage or loss. ISU may repair or replace such damaged or lost ISU property and remove excessive trash. In such event, ISU shall provide Display Operator with an invoice for the costs incurred by ISU for such repair, replacement or removal and Display Operator shall pay such invoice within fifteen days of receipt. 7. Financial. There is no fee for the use of space for the firework’s shoot site. 8. Insurance. Insurance and indemnification requirements and limitations on liability are set forth in Attachment B. 9. Cancellation. a. Notice. A party seeking to cancel this Agreement must send written notice to the other party of such intention. 2 b.Display Operator Cancellation. Display Operator may cancel this Agreement as set forth in Attachment A. c.ISU Cancellation. ISU may cancel this Agreement for the following reasons: i. Force Majeure. ISU may cancel this Agreement if its performance of any obligation under this Agreement is prevented or delayed by causes beyond its reasonable control, such as fire, strikes or labor disputes, floods, inclement weather, acts of God, war, terrorism, civil disturbances, or energy shortages. ISU’s failure to perform or delayed performance for such reasons shall not be deemed a breach of this Agreement. ii. For Cause. ISU may cancel this Agreement immediately upon written notice to Display Operator if: (a) Display Operator fails to pay ISU as set forth in Section 4; (b) Display Operator fails to carry the required insurance or submit evidence of insurance coverage as set forth in Attachment B; or (c) if Display Operator or Display Operator’s employees, agents, subcontractors or guests (i) disrupt the ISU’s operations or other’s use of other ISU property, (ii) act in a manner ISU reasonably believes to be unsafe or that may cause or has caused harm to persons, the Space, or other property, or (iii) violate applicable laws, regulations, or ISU policies. ISU may also cancel if Display Operator fails to cure any other material breach of this Agreement within ten days of receiving written notice of such breach from ISU. The foregoing shall be in addition to any other remedies to which ISU is entitled. 10.Notice. Notices relating to this Agreement shall be in writing and shall be delivered by messenger, overnight carrier, e-mail or mailed by first class mail, certified mail or registered mail to the other party’s contact person identified in Attachment A. Notices to ISU should be sent to the Risk Management, Iowa State University, 2017 Communications Building, 1013 WOI Road, Ames, Iowa, or by email to riskmanagement@iastate.edu. 11.Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements, whether written, oral, or implied. This Agreement shall not be changed, modified, altered, or amended in any respect without the mutual consent of the parties. The parties’ rights and obligations in this Agreement that, by their nature, would continue beyond the cancellation or expiration of this Agreement shall survive such cancellation or expiration. This Agreement shall be construed in accordance with the laws of the State of Iowa, and any litigation or actions commenced in connection with this Agreement shall be instituted in an appropriate court in the State of Iowa. J&M Displays Name: _____________________ Title: ______________________ Date_______________________ ___________________________ IRS Entity Identification Number Ames Convention & Visitors Bureau Name: _______________________ Title: ________________________ Date________________________ _________________ IRS Entity Identification Number Iowa State University of Science and Technology Name: _______________________ Title: ________________________ Date__________________ ______ Signature ________________________ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24