HomeMy WebLinkAboutC35120A-C - 2016 Independence Day CelebrationC35120 A—C
CITY OF PALM DESERT
SPECIAL PROGRAMS DEPARTMENT
STAFF REPORT
REQUEST: Approval of Palm Desert's 2016 Independence Day Celebration
SUBMITTED BY: Amy Lawrence, Program and Events Specialist
DATE: March 10, 2016
CONTENTS: Pyro Spectaculars Agreement
Swing Cats Big Band Agreement
Lin Lines Agreement
Recommendation
By Minute Motion:
1. Approve Independence Day Celebration scheduled for Monday, July 4, 2016;
2. Approve Contract No. c3512oA with Pyro Spectaculars by Souza in the
amount of $38,000 for professional staff, and pyrotechnic supplies and
services for the fireworks display;
3. Approve Contract No. cis ynR with Dan Methe — Swing Cats Big Band in the
amount of $3,650 to provide instrumental and vocal entertainment;
4. Approve Contract No. C35120C with Lin Lines in the amount of $2,200 for
shuttle service to and from the event;
5. Authorize the Mayor to execute subject contracts;
6. Authorize expenditure with Studio Instrument Rentals (SIR) of Palm Springs in
the amount of $2,500 for professional staff, instrumental equipment, and
sound and lighting services in conjunction with the concert;
7. Authorize miscellaneous expenditures in an amount not to exceed $10,000;
and
8. Preapproval of line item for FY 2016/17 budget for the event.
Discussion
Each year the City of Palm Desert invites the community to celebrate our Country's
freedom through production of an Independence Day Celebration at the Civic Center
Park. As part of this year's festivities, the "Swing Cats Big Band" will perform live
instrumental and vocal entertainment and Pyro Spectaculars will provide a 20-minute
pyrotechnic display at the conclusion of the concert. As with years past, Lin Lines will
provide free shuttle service to and from the event from the Gardens on El Paseo and
Studio Instrument Rentals (SIR) of Palm Springs will provide professional staff,
instrumental equipment, and sound and lighting services in conjunction with the concert.
Other anticipated expenditures for the celebration include event insurance, radio
promotion, a live onsite radio remote(s) during the event, two-way radios for staff and
other agencies to communicate during the event, and other related expenditures that
may be required.
STAFF REPORT
2016 INDEPENDENCE DAY CELEBRATION - Contract No. C35120 A-C
MARCH 10, 2016
PAGE 2
Last year, Palm Desert received two sponsorships from neighboring cities to help offset
costs for the event; one from the City of Rancho Mirage for $7,500, and the other from
the City of Indian Wells for $2,500. Staff is pleased to report that the City of Rancho
Mirage has generously agreed to once again commit a $7,500 sponsorship for the 2016
event. Request for continued support from the City of Indian Wells has been sent.
For production of the City's 2016 Independence Day Celebration, staff recommends that
City Council 1) approve contracts with Pyro Spectaculars by Souza and Swing Cats Big
Band, and authorize the Mayor to execute subject contracts; and 2) authorize
expenditures with Lin Lines for shuttle service from the Gardens on El Paseo to and
from the event, with Studio Instrument Rentals (SIR) of Palm Springs for sound and
lighting services in conjunction with the concert, and for miscellaneous expenditures
required to execute the event; and 4) preapprove line item for the FY 2016/17 budget.
Fiscal Analvsis
Funding for this event will be included as part of the FY 2016/2017 Budget; therefore,
there will be no additional impact to the General Fund.
Submitted By:
Amy Law nce, Program and Events Specialist
Reviewed By:
Franki Riddle, birector of Special Programs
Paul S. Gibson, Director of Finance
Rudy Acosta, Assistant City Manager
A Proval:
Jo M. Wohlmuth, City Manager
February 22, 2016
City of Palm Desert
Frankie Riddle
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Dear Mr. Riddle,
Contract No. C35120A
P,yro Spectaculars, Inc. is happy to provide our pyrotechnic proposal for your
July 04, 2016 event. The following proposal outlines your custom designed Sky
Concert-Im. It is itemized in the product synopsis as Program "A" for the amount of
$38,000.00. The various fireworks elements provided are prepared to shoot from
the College of the Desert Baseball Field for approximately 20 minutes.
Our full service program includes music production and choreography, the services
of licensed pyrotechnic operator, specialized crew, an electronic firing system, and
safety equipment used for support and protection. The price also includes insurance
coverage, sales tax and delivery. To help ensure public safety, we work directly with
the local fire authority while we apply for all the necessary fire department and
other fireworks related permits. our winning combination of products, people and
production capabilities help produce the safest fireworks entertainment package
possible.
Your organization will be responsible for payment of all Fire Department permit fees
and/or standby firemen fees, if any. The Fire Department may bill you directly for
any additional standby fees for inspections. Your organization will also be
responsible for providing the display location and all necessary security for the
display site.
Enclosed you will find a Product Synopsis, Production Agreement for signature and
Scope of Work. Please have one copy of this fully executed agreement returned to
our office by April 04, 2016 along with your deposit.
Please take the time to review this proposal in detail. If you wish to discuss any
changes in your program or need more information, please tali either myself or
your Customer Service Representative Maria Barajas at (909) 355-8120 ext. 231.
Sincerely,
PYRO SPECTACULARS. INC.
Jeff Martin
PYRO Sales Manager
jM/je
Enclosures
Pyro Spectaculars, Inc.
P.Q. Box 2329 9 Rialto, CA 92377 • Phone: (909) 355-9120 or (888) 477-PYRC + Fax: (909) 355-9813
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Pyrotechnic Proposal for
City of Palm Desert
July 04, 2016
Contract No. C35120A
Proposal Outline
Product Synopsis
Choreography and the Sky Concert"
The World of Pyro Spectaculars, Inc. at your Service
Commitment from the President
Production Agreement and Scope of Work
Contract No C35120A
Product Synopsis • Pyrotechnic Proposal
City of Palm Desert
PROGRAM A — July 04, 2016
$38,000.00
Opening
Description
i 3" Sky Concert Opening Salutes
Main Body - Aerial Shells
Description
♦ 4" Sky Concert Selections
♦ 5" Sky Concert Selections
• 6" Sky Concert Selections
♦ 8" Sky Concert Selections
Quantity
25
Total of Opening 25
Quantitv
160 Shots
105 Shots
96 Shots
9 Shots
Grand Finale Total of Main Body - Aerial Shells 370
Description Quantitv
4 3" Sky Concert Bombardment Shells 230
i 4" Sky Concert Bombardment Shells 90
Total of Grand Finale 320
Grand Total 715
LS0 SA
Contract No- C351.20A
Choreography the PYRO WAY
What is a Sky Concert'"'?
There is a fine distinction between a fireworks display accompanied to music and
fireworks choreographed to music. Our specialty is the latter and for nearly 30 years we
have continued to perfect this technique. With the use of electronic and now
computerized firing systems, we have transformed ancient fireworks into an artistic
story of "oos" and "ahs" where we harmonize the fireworks to a musical score. This is
our famed Sky Concert'"
Pyro Spectaculars pioneered the discipline of pyro musical displays in 1976 while
celebrating our nation's bi-centennial. This art form took years to master and the results
have positioned us as the world's top designer of fireworks choreography.
We strive to engage the audience emotionally by selecting a musical theme. For
instance, "Patriotism" is the theme for the 4`h of July. We then structure the story with
an Opening Fanfare, four or five scenes with musical tempo changes and finish with an
impressionable grand finale song.
Product selection and timing is the "PYRO WAY." with the use of computer
technology, we are able to digitally script our shows to the musical time line. We
deliberately add effects that have the emotional, tempo or audible characteristics of the
music itself. These are called "Fireworks Tableaus"
How does it work?
Execution of this art form takes great involvement from every facet of the
company. During our quality testing, we collect timing data for each product we import.
The timing and performance data from these tests become the pallet our Show
Producers use to paint the sky. It usually takes one hour per song to perfectly design the
various tableaus presented in one Sky Concert'".
Once the show is designed, the producer creates a cue sheet. This is where the
shells are numbered in their firing sequence to the music timeline. The next step is also
very time consuming for our packing team. Each shell gets the cue number hand written
on it prior to being placed in the shipping carton. Next, our sound engineer adds an
audible cue track with those numbers to the music CD that will play on show night.
On the show site our technicians carefully arrange the mortars according to the
cue sheet and wire the shells to the firing system by its written cue number. During the
show, the operator will listen to the cues on the CD and fires the cue as the number is
heard. WOW! This is haw we get the "Happy Face" shell to burst its smile exactly to the
first note of Pharrel Williams' song titled Happy.
There is no substitution for show choreography. Better is better in this case and
there is no competitor with the capability to produce this level of fireworks
entertainment at affordable prices. Choreography is not possible without the use of
electronic firing systems and precision comes from having each shell with its own
electronic match. Anything else is fireworks to music, not a Sky Concert"".
Contract No. C35120A
The World of Pyro Spectaculars at your Service!
Explosive Entertainment
For all types of events
Full Service Productions
Creative Show Design
Music and Theme Selection
Permit Applications
Insurance and Licensing
Set up and delivery
Value Added Services
In -House
Digital Recording Studio
State of the Art Equipment
24 hour Support Staff
Pyro University Safety and Training
Courses
Fire Department Liaison
Products & Effects
Sky Concerts'"4
SOUSA'" Fireworks Brand
Indoor Stage /Close Proximity Pyro
Custom Logos
Propane Effects
Cryogenics
Confetti and Streamers
Consultation Services
Pyro-Program Development
Display Site Surveys
Innovative Product Development
Safety Analysis
Contract No.
C35120A
Our Commitment
FROM THE DESK OF
J"," S
PRESIDENT AND CEO
At the heart of every Pyro Spectaculars, Inc. show
there is ❑ f ive generation heritage of the Souza Family.
We have been committed to the highest standards of
safety, showmanship, and satisfaction for each of our
customers.
Your audience expects the best from you... and I
am pleased to offer my personal commitment to ensure
that they will be thrilled with your fireworks show... and
that you will never have to "worry" about any aspect of
our business, professional, pyrotechnic, or performance
relationship.
Along with the f inest f i reworks team in the
industry, I pledge to you my personal support. Pyro
Spectaculars is local, safe, cost-effective, creative,
resourceful... the right choice for your fireworks show.
I am personally committed to ensuring that our
local experience of excellence for over one hundred
years will give you the finest show possible at any price.
You deserve the "Pyro Spec Experience!"
Thank you. We look forward to serving you... with Pride;
I�«.. R. S M=
Contract No. C35120A
Pyro Spectaculars, Inc.
P.O. Box 2329
City of Palm Desert
Program A, Rev. 4 1
Rialto, CA 92377 July 4, 2016
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 1 of-6
PRODUCTION AGREEMENT
(Special)
This agreement ("Agreement") is made this day of .2016 by and between Pyro Spectaculars, Inc., a California
corporation, hereinafter referred to as ("PYRO"), and City of Palm Desert, hereinafter referred to as ("CLIENT "). PYRO and CLIENT are sometimes referred to
as "Party" or collectively as "Parties" herein.
I. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production'), and PYRO accepts such engagcrnew
upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program `A", attached hereto and
incorporated herein by this reference.
1.1 PYRO Duties — PYRO shall provide all pyrotechnic equipment, trained pyrotcchnicians, shipping, pyrotechnic products, application for
specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the
Production and the other things on its part to he performed as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of
Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
1 2 CLIENI' Duties — CLIEN 1' shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph
6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more
specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to
pyrotechnic safely, suitability, and security All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access,
use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
2 Time and Place - The Production shall take place on .lulu 4. 2016, at approximately 9:00 PNI, at 'nl c c of the Desert Baseball Field, Palm Desert,
CA, Site.
Fees, Interest. and Exnenses -
3.1 Fee - CLIENTagrees to pay PYRO a fee of $38.000.00 USD (THIRTY EIGIIT TIIOI iSAND DOLLARS) ("Fee") for the Production
CLII?N'r shall pay to PYRO $19,000.00 USD (NINETEEN THOUSAND DOLLARS) of the Fee plus estimated permit and standby tees, specified production
costs, and other regulatory costs approximated at $00.00 OR an amount to be determined, for a total of 19 000. 0, as a deposit ("Deposit") upon the execution
of this Agreement by loth parties but no later than Anril 4, 2016 The balance of the Fee shall be paid no later than July S. 2016, CLIENT authorizes PYRO to
receive and verify credit and financial information concerning CLIENI' from any agency, person or entity including but not limited to credit reporting agencies.
The "PRICG FIRM" date, the date by which the executed Agreement must he delivered to Pyro, is set forth in paragraph 20.
3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month
or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection
with the litigation, including, but not limited to attorneys' fees.
3.3 Expenses — PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic
products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's
responsibility in the Scope of Work CLIEN-f shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items
outlined as CLIENT"s responsibility in this Agreement and Scope of Work
4. Pronrietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO
does not own CLIENT -owned material or thud -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party -
owned material, CLIEN"I' assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the
Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT -owned material and third -party -owned material and 0a11
not be responsible in any way for such material if applicable, CLIEN"I' consents to the use of CLIENT -owned material and represents that it has or will obtain
any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production PYRO reserves the
ownership rights in its trade names that are used in or are a proluct of the Production Any reproduction by sound, video or other duplication or recording process
without the express written permission of PYRO is prohibited
5 Sa ely - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures
consistent with recognized applicable industry standards and practices. Al all times before and during the Production, it shall he within PYRO's sole discretion to
determine whether or not the Production may be safely discharged or continued It shall not constitute u breach of this Agreement by PYRO for fireworks to fall
or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety
beyond the reasonable control of PYRO.
6 Security - CLIENTshall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals
other than those authorized by PYRO from entering inn area to be designated by PYRO as the area for the set-up and discharge of the Production, including a
fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
controlling CLIENT's other contractors, providers or volunteers: the public; areas to which the public or contractors have access: or any other public or contractor
facilities assoziated with the Production.
7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary
by PYRO. CLIENT shall he responsible fix any other clean up which may be required of the Production or set-up, discharge and fallout areas including any
environmental clean-up.
PS V 1-2c
Contract No. C35120A
Pyro Spectaculars, Inc.
P.U. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Palm Desert
Program A, Rev. H 1
July 4, 2016
Page 2 of 6
8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the Palm Desert hire Department, FAA, and USCG, if required.
CLIENTshall he responsible for any fees associated with these permits including standby fees C'LiENT shall be responsible for obtaining any other necessary
permits, paying associated tees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, event/activity or find
use permits or any permission or permit required by any Local, Regional, State or Federal Government.
9. Insurance - PYRO shall al all times during the performance of services herein ensure that the following insurance is maintained in connection with
PYRO's performance of this Agreement (1) commercial general liability insurance, including products, completed operations, and contractual liability under this
Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from
claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement,
only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's
negligence or willful conduct or from failure ot'CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverar,,c
shall be furnished to CLIENT prior to the rendering ol'services hereunder and shall include that the hollowing are named as additionally insured C'LiFN'f;
Sponsors, Landowners, Barge Owners, if any, and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors
or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their
respective operations and services.
10. Indemnification - PYRO represents and warrants that it is capabic of furnishing the necessary experience, personnel, equipment, materials, providers,
and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify,
hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not
limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out
of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their otlicers, agents, contractors, providers, or
employees CLIEN I' shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including
but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to properly, arising from
or out of the Production and the presentation thereof to the extent such arc occasioned by any act or omission of CLIENT, its officers, agents, contractor's.
providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
f i. Imitation of Damages for Ordinary Breach - Except in the case of bodily injury and property damage as provided in the insurance and
indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENTclaims that PYRO has breached this Agreement or was otherwise negligent in
pertorining the Production provided for herein, CLIENT shall not be entrtled to claim or recover monetary damages from PYRO beyond the amount CLIENT has
paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damage;
for loss of income, business or profits.
12. Force \laieure -CLIENT agrees to assume the risks ol'weather, strike, civil unrest, terrorists, military action, governmental action, and any other
causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of
any event for which CLIENT' has purchased the Production, or which may affect or damage such portion of the exhibits as must he placed and exposed a
necessary time before the Production. If, for any such reason. PYRO is not reasonably able to safely discharge the Production on the scheduled dale, or at the
scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the
Production and pay TYRO such sums as provided in Paragraph 13, or (it) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based
upon when the Production is canceled.
13 Rescheduling Of Event - if CLIEN i' elects to reschedule the Production, PYRO shall be paid the original Fee plus all additional expenses made
necessary by rescheduling plus a 15%service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5
days of receipt CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation
and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production The Production shall not be
rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not he rescheduled between June 15th and Judy
15th unless the original (late was July 4th of that same year, or between December 151h and January 15th unless the original date was December 31st of the earlier
year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14. Right To Cancel — CLIENT shall have the op(ron to unilaterally cancel the Production prior to the scheduled date If'CLiENT exercises this option,
C I.IENT agrees to pay to PYRO, as hquidatcd damages, the following percentages of the Fee asset forth to Paragraph 3.1 1) 501% if cancellation occurs 30 to 90
days prior to the scheduled date, 2) 7.5% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. in the event CLIENT cancels the
Production, it will he impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages
PYRO will suffer ifC'LIf:NT cancels the Production.
15 No.loini Venture - It is agreed, nothing in this Agreement or in PYRO's performance of the Production shalt be construed as forming a partnership or
joint venture between CLIEN i' and PYRO PYRO shall be and is an independent contractor with CLIENT and not an employee of CLiL'NT. The Parties hereto
shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not
expressly provided for herein.
16. Annticabte Law - This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.
It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of
the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are
enforceable
IT Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Marl,
postage Prepaid, first class. addressed as follow;: PYRO — Pyro Spectaculars, Inc , 11.0. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196
Locust Avenue, Rialto, California 92377. CLIENT — Qj1y,9f a Im I�s,rt 7L; I0 Fri Waring Drive. Palm Desert. CA 922&0-2578
1'S V I -2c
Contract No. C35120A
Pyro Spectaculars, Inc. City of Palm Desert
P.O. Box 2329 Program A, Rev. 1# 1
Rialto, CA 92377 July 4, 2016
'rel: 909-355-8120 :::: Fax: 909-355-9813 Page 3 of 6
18. Modification of Terms —All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both
Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
19. Severability — If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this
Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's
offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shalt be deemed an
original against the Party executing same This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and
assigns
20. Price Firm —If any changes or alterations are made by CLIEN"r to this Agreement or if this Agreement is not executed by CLIEN f and delivered to
PYRO on or before the PRICE, FIRM date shown below, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a
period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and
this Agreement shall be void.
PRICE FIRM through April 4, 2016
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS, INC.
City of Palm Desert
r
r
r
fly: By:
r
President Its:
Print Name
SHOW PRODUCER: Jeff Martin
PS V 1-2e
Contract No. C35120A
Pyro Spectaculars, Inc. City of Palm Desert
P.O. Box 2329 Program A, Rev. # 1
Rialto, CA 92377 July 4, 2016
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 4 of 6
SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
City of Palm Desert ("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
• One Pyro Spectaculars, Inc., Production on July 4. 2016, at approximately 9:00 PM at Co!UcQc i?f the Desert Baseball Field,
Palm Desert, CA.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product.
• Application for specific pyrotechnic permits relating to the Production.
• Musical soundtrack for the Production supplied in agreed upon format.
• Insurance covering the Production as set forth in the Agreement with the following limits:
Insurance Reaulreureirts
Commercial General Liabilitv
Business Auto Liability -
Owned. Non -Owned and Hired Autos
Workers' Compensation
1:mployer Liability
Insurance Terms:
Limits
$5,000,000.00 Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
$5,000,000.00 Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Statutory
$1,000,000 Per Occurrence
Pyro Spectaculars, Inc. (Contractor) shall not commence work under Contract No. (Agreement) until it
has provided evidence satisfactory to the City of Palm Desert that it has secured all insurance required under this section. In
addition, Contractor shall not allow any subcontractor(s) to commence work on any subcontract until it has provided
evidence satisfactory to the City that the subcontractor(s) has secured all insurance required under this section.
Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain,
provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form that is satisfactory to the City.
General Liabilitv Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as
broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000
general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual
liability. Defense costs shall be paid in addition to the limits. Tile 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,
or (3) contain any other exclusion contrary to the Agreement.
Automobile Liabilitv Insurance: Contractor shall maintain automobile insurance at least as broad as Insurance Services
Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in
connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or
rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident
Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City of Palm Desert, its officers, agents,
employees and volunteers.
Umbrella or Excess Liabilitv Insurance: Contractor may opt to utilize umbrella or excess liability insurance in meeting
insurance requirements. In such circumstances, Contractor shall obtain and maintain an umbrella or excess liability
insurance policy with limits of not less than 4,000,000 that will provide bodily injury, personal injury and property damage
I'S V 1-2c
Contract No. C35120A
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Palm Desert
Program A, Rev. # I
July 4, 2016
Page 5 of 6
liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and
employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves
to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or excess policies
OTHER PROVISIONS OR REQUIREMENTS
Insurance for Subcontractors: All subcontractors shall be included as additional insureds under the Contractor's policies,
or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with
the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subcontractors'
policies. Contractor shall provide to City satisfactory evidence as required under Insurance Section of this Agreement.
Proof of Insurance: Contractor shall provide certificates of insurance to City as evidence of the insurance coverage
required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to execution of this agreement. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves
the right to require complete, copies of all required insurance policies. Contractor shall provide copies of requested
insurance policies within 10 business days of having received written request from City.
Duration of Coverage: Contractor shall procure and maintain for the duration of the contract, insurance against claims for
injuries to persons or damages to property, which may arise from or in connection with the performance of the Work
hereunder by Contractor, his/her agents, representatives, employees or subcontractors.
City's Rights of Enforcement: In the event any policy of insurance required under these revised insurance terms does not
comply with these specifications, or is canceled and not replaced, the City may cancel its contract with Pyro Spectaculars,
Inc.
ACCeptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
Waiver of Subro aE tion: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to
waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City
of Palm Desert and shall require similar written express waivers and insurance clauses from each of its subcontractors.
Enforcement of Contract Provisions (non estonnel): Contractor acknowledges and agrees that any actual or alleged
failure on the part of the City to inform Contractor of noncompliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
Primary and Non -Contributing Insurance: All insurance coverages shall be primary and any other insurance, deductible,
or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall
contain or be endorsed to contain such provisions.
Specifications Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended
as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
PS V 1-2e
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
Contract No. C35120A
City of Palm Desert
Program A, Rev. h 1
July 4, 2016
Page 6 of 6
Notice of Cancellation: Contractor will give City written notice within five (5) business days of giving or receiving notice
of material alteration, cancellation, non renewal or expiration of coverage contained in such policy or such certificate of
insurance.
Additional Insured Status: General Liability and Automobile Liability policies shall provide, or be endorsed to provide,
that the City of Palm Desert and its officers, officials, employees, and agents shall be additional insureds with regard to
liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision
shall also apply to any excess liability policies.
Citv's Right to Revise Snecifications: The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If
such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's
compensation.
Self -Insured Retentions: Any self -insured retentions must be declared to and approved by City. City reserves the right to
require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered
to comply with these specifications unless approved by City.
Timelv Notice of Claims: Contractor shall give City prompt and timely notice of claims made or suits instituted that arise
out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any
of the required liability policies.
Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In
carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but
shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident
prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
Additional Insurance: Contractor 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 and prosecution of the Work.
CLIENT shall provide to PYRO the following goods and services:
• All on -site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union
requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors,
carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility
of CLIENT.
• Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold
authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole.
• Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction
throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all
set-up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone.
• A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio
engineers for operation based on audio and communications requirements provided by PYRO.
• General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster
accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms,
tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to work -sites, necessary
credentialing, etc., will be required as necessary.
PS V 1-2e
Contract No. 05120B
PERFORMING ARTS AGREEMENT
This Agreement is entered into this 10th day of March, 2016, by and between
the CITY OF PALM DESERT, a California municipal corporation, hereinafter referred
to as "CITY," and Dan Methe — Swinq Cats Biq Band, hereinafter referred to as
"ARTIST", which includes any person(s) necessary to perform the services outlined
in this Agreement.
RECITALS:
1. The CITY owns and operates the Palm Desert Hahn Amphitheater, an
outdoor amphitheater located in the Palm Desert Civic Center (hereinafter
"THEATER").
2. The CITY desires to engage the ARTIST to render a live performance at
the THEATER of the nature set forth in Exhibit A attached hereto and incorporated
herein by this reference (hereinafter "PERFORMANCE").
3. The CITY desires the ARTIST to render PERFORMANCE on the dates
and times described in Exhibit B attached hereto and incorporated herein by this
reference.
4. The ARTIST is willing and able to render the PERFORMANCE on the
desired dates and times in exchange for compensation by the CITY in the amount
and on the payment schedule set forth in Exhibit C attached hereto and incorporated
herein by this reference.
TERMS AND CONDITIONS:
In consideration of the foregoing recitals, the parties hereto agree as follows:
1. Performance
E
Contract No. C35120B
The ARTIST agrees to render the PERFORMANCE to the best of its abilities on
the dates and times prescribed by Exhibit B attached hereto. The ARTIST shall not
perform under the influence of alcohol or any unlawful narcotic, nor shall the ARTIST
engage in behavior during the PERFORMANCE that would be considered racist,
sexist, obscene, or otherwise offensive by reasonable audience members attending
the PERFORMANCE. ARTIST, s failure to perform in accordance with this Section
shall be deemed material breach of this Agreement.
2. Lightinq, Sound Amplification and Other Equipment
The CITY will provide lighting, sound amplification, and other technical
equipment related to sound and lighting for the PERFORMANCE as described in
Exhibit D, attached hereto and incorporated herein by the reference. ARTIST shall
be responsible for safely providing, erecting, operating, and dismantling, at its own
expense, all instruments and additional equipment not described in Exhibit D that is
necessary to properly effectuate the PERFORMANCE.
3. Technical Personnel and Set -Up
In addition to any artistic personnel necessary to the PERFORMANCE, the
ARTIST shall provide, at its own expense, all backstage and technical personnel
necessary to effectuate the PERFORMANCE, including but not limited to stage hands
and such personnel as may be necessary to set up and test any equipment that will
be used during the PERFORMANCE. ARTIST, s personnel shall use their best efforts
to ensure that any such advance set-up and testing is safely completed at least one
hour prior to the scheduled PERFORMANCE time.
4. Make -Up and Costumes
2
Contract No. C35120B
The ARTIST shall be responsible for providing, at its own expense, any
costumes and make-up necessary to the PERFORMANCE.
5. Dressinq and Storaqe Rooms
The ARTIST understands and acknowledges that no private dressing rooms or
other storage rooms will be available or provided by the CITY in connection with the
PERFORMANCE (unless described in Exhibit B attached hereto). However, the CITY
shall provide ARTIST with non-exclusive access to a public rest room at or in the
vicinity of the THEATER.
6. Compensation
In exchange for the ARTIST, s PERFORMANCE in accordance with this
Agreement, the CITY agrees to compensate the ARTIST in the manner described in
Exhibit C attached hereto. Any and all booking fees charged by an outside booking
agency are to be paid for by the ARTIST.
7. Business License
The ARTIST shall obtain a City of Palm Desert Daily Business License for the
fee of $26.00, no later than 30 days prior to PERFORMANCE.
8. Promotion
The CITY is authorized to engage in any and all reasonable activities related to
promotion of the PERFORMANCE without payment of additional fee, royalty or
commission to ARTIST. Said promotional activities may include, but are not limited
to, use of newspaper, radio and television advertisements featuring the ARTIST, s
photograph or likeness and brief examples of the ARTIST, s work taken from video
or audio recordings. CITY shall refer all inquiries regarding personal appearances
and interviews of the ARTIST to the ARTIST, s appointed agent.
3
Contract No. C35120B
9. Illness, Iniury or Death of ARTIST
In the event the ARTIST's PERFORMANCE is rendered impractical or
infeasible due to serious injury, illness or death of the ARTIST, actual threats of
imminent bodily harm to ARTIST if PERFORMANCE is rendered, or unexpected
family emergency, then the ARTIST may cancel the PERFORMANCE without
breaching this Agreement. However, no compensation shall be owing to the
ARTIST. The ARTIST shall make every effort to notify the CITY by telephone,
facsimile, or telegram of such pending cancellation as soon as reasonably possible.
An injury or illness shall be considered serious if, in the opinion of a qualified
physician, the condition is immobilizing or in any way poses a significant threat to
the life and health of the ARTIST. A family emergency shall consist of a sudden and
unexpected hospitalization or death of any immediate family member or any
unanticipated occurrence beyond the ARTIST, s control threatening the health or life
of an immediate family member that requires the ARTIST, s personal presence on
the date and time of the PERFORMANCE.
10. Assignment by ARTIST
The parties hereto stipulate that the ARTIST, s services are personal in nature
and/or unique, thus the ARTIST may not assign or substitute its PERFORMANCE of
this Agreement with any other artist or party absent the CITY, s express consent in
writing. The CITY shall be under no obligation to consent to any proposed
assignment or other substitution by the ARTIST. However if the CITY does consent,
then the ARTIST, s failure to personally perform the services required by the
Agreement shall not constitute a breach thereof.
11. Independent Contractor
4
Contract No. C35120B
All of the services required hereunder shall be performed by ARTIST
personally and/or by ARTIST, s agent and employees, who shall remain at all times
under ARTIST, s direct control and supervision. It is the parties intent that the
ARTIST shall remain at all times an independent contractor of the CITY and not its
employee or agent.
12. Termination
The CITY reserves the right to terminate this Agreement for any reason,
provided it gives ARTIST at least fourteen (14) days written notice of such
termination prior to the scheduled date of the PERFORMANCE. Said notices shall be
deemed to be given as of the date it is postmarked. The CITY shall also use its best
efforts to notify the ARTIST by telephone of any pending termination as soon as
reasonably possible. In the event of termination pursuant to this Section, the CITY
shall not be in breach and no compensation shall be owing to the ARTIST.
13. Legal Compliance
The ARTIST and its agents, officers, and employees shall comply with all
federal, state, and local laws and regulations applicable to the services being
provided pursuant to this Agreement, including, but not limited to, any requirements
under the American Society of Composers, Authors, and Publishers or under any
other copyright law and/or licensing agreements.
14. Indemnification and Hold Harmless
The ARTIST shall indemnify and hold the CITY, its officers and employees, free
and harmless from any liability, loss, cost or expense resulting from any injury or
damage to any person caused by ARTIST, its agents or employees, while engaged in
the PERFORMANCE of this Agreement as described in Exhibit B. Prior to the
5
Contract No. CB5120B
PERFORMANCE, each performer and/or crew member associated with the
PERFORMANCE must sign the City of Palm Desert Artist Waiver, Release, Hold
Harmless, & Agreement Not to Sue, as described in Exhibit E attached hereto and
incorporated herein by this reference.
15. " Insurance
The ARTIST fully assumes all of the following risks:
A. Injury to itself and to its agents or employees arising out of their
performance of this Agreement.
B. Damage to or theft of any personal property or equipment owned
by or under the control of ARTIST, its agents, volunteers and
employees.
16. Liquidated Damaqes
The parties hereto state that it would be difficult, if not impossible, to calculate
with precision the amount of damages that the CITY would suffer in the event the
ARTIST were to breach this Agreement by nonperformance or late performance.
Thus, the parties hereto stipulate that in the event the ARTIST is not ready, willing
and able to perform on the date and time specified by Exhibit B, and the
PERFORMANCE has not otherwise been canceled pursuant to this Agreement, then
the CITY's damages shall be fixed as follows:
A. Late Performance: The CITY's estimated damages for late
performance shall be $300 for every 15 minute delay in commencement
of the PERFORMANCE caused by the ARTIST. Such damages may be
deducted by the CITY from any compensation owing to the ARTIST.
Any delay in commencement of the PERFORMANCE caused by the
0
Contract No. C35120B
ARTIST exceeding one hour shall be deemed a nonperformance and
material breach of this Agreement, unless expressly waived by the
CITY.
B. Nonperformance: No compensation shall be due in the event of
any nonperformance by the ARTIST constituting a material breach of
this Agreement. In addition, the CITY' s estimated damages for a
nonperformance shall be $5,000.
This Section shall not prevent either party from recovering compensatory
damages for breaches of this Agreement due to causes other than the ARTIST, s late
performance or nonperformance.
17. Attorney' s Fees
Should any action or proceeding be brought to enforce the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
costs.
18. Modification
No modification of this Agreement shall be valid unless agreed to in writing by
both the CITY and ARTIST.
19. Prohibited Interests
The ARTIST represents that neither it nor any of its agents or employees is
currently an officer or employee of the CITY.
20. Force Maieure
Any delay or failure in the Performance by either Party hereunder shall be
excused if and to the extent caused by the occurrence of a Force Majeure. For
purposes of this Agreement, Force Majeure shall mean a cause or event that is
7
Contract No, r351 9nR
beyond the reasonable control of the Party claiming Force Majeure, including, but
not limited to, acts of God, fires, floods, rain, heavy winds, earthquake, explosions,
riots, wars, sabotage terrorism, vandalism. accident, restraint of government,
governmental acts, injunctions, destruction of the premises, and other like events
that are beyond the reasonable anticipation and control of the Party affected thereby,
despite such Parry's reasonable efforts to prevent, avoid, delay, or mitigate the effect
of such acts, events or occurrences, and which events or the effects thereof are not
attributable to a Parry's failure to perform its obligations under this Agreement.
In the case of a Force Majeure event, this Agreement shall be extended to a
mutually agreed upon date within a year of the original performance date. If no future
date can be reasonably agreed upon, this Agreement shall be null and void.
Contract No. C35120B
EXECUTION:
The undersigned represent that they are authorized to execute this Agreement
on behalf of the parties hereto on whose behalf they purport to sign. This
Agreement shall be deemed executed on the date first above written.
CITY OF PALM DESERT [ARTIST]
ROBERT A. SPIEGEL, MAYOR (Signature; must be notarized)
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
(Printed Name)
9
Contract No. C35120B
PERFORMING ARTS AGREEMENT
EXHIBIT A
EVENT: Palm Desert's 2016 Indeoendence Dav Celebration
NAME OF ARTIST: Swinq Cats Biq Band
DESCRIPTION: Thirteen Piece Band to perform Swina. Jazz, and
Patriotic Music
LOCATION: Palm Desert Civic Center Amphitheatre
10
Contract No. C35120B
PERFORMING ARTS AGREEMENT
EXHIBIT B
DATE: Monday. July 4. 2016
START TIME: 7:30 p.m.
END TIME: 9 P.M.
ARTIST must arrive, at least, one hour prior to PERFORMANCE for sound
check and coordination with sound and lighting technicians. ARTIST must be set up
and ready to begin PERFORMANCE no later than 7:30 p.m. The PERFORMANCE
must conclude promptly at 9 p.m. ARTIST is entitled to one five minute break
between sets, if necessary.
ARTIST shall submit a song list four weeks prior to the PERFORMANCE. CITY
shall review song list and submit changes at a minimum of one week prior to
PERFORMANCE.
11
Contract No. C3512OB
PERFORMING ARTS AGREEMENT
EXHIBIT C
Compensation of $ 3,650.00 to be paid at conclusion of PERFORMANCE.
ARTIST is to submit an invoice to the CITY no later than 30 days prior to the
PERFORMANCE. ARTIST shall obtain a City of Palm Desert Daily Business License
for the fee of $26.00 no later than 30 days prior to the performance.
Payment to ARTIST shall occur at the end of PERFORMANCE on the night of
the event. Any payment due to outside booking agencies shall be paid by the
ARTIST.
NOTE: Not obtaining the Daily Business License in a timely manner will result
in delay of payment.
12
Contract No. C35120B
PERFORMING ARTS AGREEMENT
EXHIBIT D
Lighting, sound amplification, and other technical equipment related to sound
and lighting for the PERFORMANCE shall be provided by Studio Instrument Rentals
(SIR) of Palm Springs.
13
Contract No. r.35 i goR
EXHIBIT E
CITY OF PALM DESERT — PERFORMING ARTS AGREEMENT
ARTIST WAIVER, RELEASE, HOLD HARMLESS & AGREEMENT NOT TO SUE
I, (FULL NAME) acknowledge that I have agreed to
participate as a Performer or Crew Member and assume all risks and hazards incidental
to my participation in the City of Palm Desert's Spring and Fall Concert Series (hereinafter
"Event").
I AM AWARE THAT THESE ACTIVITIES ARE POTENTIALLY HAZARDOUS AND THAT I
COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY
PARTICIPATING IN THE EVENT WITH THE KNOWLEDGE OF THE DANGER
INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE,
BODILY INJURY, OR DEATH WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN.
I hereby release, discharge and agree not to sue the City of Palm Desert, the Desert
Recreation District, and their respective officers, officials, directors, employees, volunteers,
and agents for any injury, death, or damage to or loss of personal property arising out of, or in
connection with, my participation in the Event from whatever cause, including the active or
passive negligence of the City of Palm Desert and Desert Recreation District, or any other
participants in the Event. The parties to this agreement understand that this document is not
intended to release any party from any act or omission of "gross negligence," as that term is
used in applicable case law and/or statutory provision.
In consideration for being permitted to participate in the Event, I hereby agree, for myself, my
heirs, spouse, administrators, executors and assigns, that I shall indemnify and hold harmless
the City of Palm Desert and Desert Recreation District from any and all claims, demands,
actions, or suits arising out of, or in connection with, my participation in the Event.
I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT
TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL
RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL.
ARTIST PARTICIPANT SIGNATURE
If under 18 years of age:
PARENT OR GUARDIAN SIGNATURE
DATE
DATE
14
Contract No. 35120C
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 10th day of March, 2016, by and between
the City of Palm Desert, a municipal corporation, organized under the laws of the State of
California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California, 92260 ("City") and Lin Lines, Inc., a Corporation (California), with its principal place
of business at 1801 E. Tahquitz Canyon Way, Suite 100, Palm Springs, California 92262
("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and
collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
professional transportation services required by the City on the terms and conditions set forth in
this Agreement. Contractor represents that it is experienced in providing professional
transportation services and is licensed in the State of California.
2.2 Project.
City desires to engage Contractor to render such professional transportation services for
the Independence Day Celebration ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the professional transportation services necessary for the Project
("Services"). The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in accordance
with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from Monday, July 4, 2016,
from 6 p.m. to 10 p.m.
3.2 Responsibilities of Contractor.
3.2.1 IndeDendent Contractor; Control and Pavment of Subordinates. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Contractor shall also not be employees of City and shall at all times be under
Updated 3/1/16
Contract No. 35120C
Contractor's exclusive direction and control. Neither City, nor any of its officials, officers,
directors, employees or agents shall have control over the conduct of Contractor or any of
Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor
shall pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall
respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Citv's Representative. The City hereby designates Amy Lawrence,
Program and Events Specialist, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
Contractor shall not accept direction or orders from any person other than the City Manager,
City's Representative, or his/her designee. City's Representative shall have the power to act on
behalf of the City for review and approval of all products submitted by Contractor, but not the
authority to enlarge the Scope of Work or change the total compensation due to Contractor under
this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all
necessary documents which increase the Scope of Work or change the Contractor's total
compensation, subject to the provisions contained in Section 3.3 of this Agreement.
3.2.4 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services.
3.2.5 Standard of Care: Performance of Emplovees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Contractor's failure to comply with the
standard of care provided for herein. Any employee of the Contractor or its sub -contractors who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Contractor and shall not be re-employed to perform any of the Services or
to work on the Project.
3.2.6 Laws and Requlations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all Cal/OSHA requirements, and shall give
2 Updated 3/1/16
Contract No. 35120C
all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Services. If Contractor performs any work knowing it to be contrary
to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising
therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions
of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply
with such laws, rules or regulations.
3.2.7 Insurance. Contractor shall not commence work under this Agreement until
it has provided evidence satisfactory to the City that it has secured all insurance required under
this section. In addition, Contractor shall not allow any subcontractor to commence work on any
subcontract until it has provided evidence satisfactory to the City that the subcontractor has
secured all insurance required under this section.
Without limiting Contractor's indemnification of City, and prior to commencement of Work,
Contractor shall obtain, provide and maintain at its own expense during the term of this
Agreement, policies of insurance of the type and amounts described below and in a form
satisfactory to City.
General Liability insurance: Contractor shall maintain commercial general liability insurance
with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not
less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability. 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; or (3) contain any other exclusion contrary to the
Agreement.
Automobile Liabilitv Insurance: Contractor shall maintain automobile insurance at least as
broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for
all activities of the Contractor arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than $1,000,000 combined single limit for each accident.
Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers.
Other provisions or requirements
Insurance for Subcontractors: All Subcontractors shall be included as additional insureds
under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors
to purchase the appropriate insurance in compliance with the terms of these Insurance
Requirements, including adding the City as an Additional Insured to the Subcontractor's policies.
Contractor shall provide to City satisfactory evidence as required under Insurance Section of this
Agreement.
Proof of Insurance: Contractor shall provide certificates of insurance to City as evidence of the
insurance coverage required herein, along with a waiver of subrogation endorsement for workers'
compensation. Insurance certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
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Contract No. 35120C
Current certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
Duration of Coverage: Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from or
in connection with the performance of the Work hereunder by Contractor, his agents,
representatives, employees or subcontractors.
Citv's Riahts of Enforcement: 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 Contractor or City will withhold amounts sufficient to pay
premium from Contractor payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category
Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
Waiver of Subroqation: All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
against the City of Palm Desert, and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
Enforcement of Contract Provisions (Non Estoppel): Contractor acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Contractor of non-compliance
with any requirement imposes no additional obligations on the City nor does it waive any rights
hereunder.
Primary and Non-Contributinq Insurance: All insurance coverages shall be primary and any
other insurance, deductible, or self-insurance maintained by the indemnified parties shall not
contribute with this primary insurance. Policies shall contain or be endorsed to contain such
provisions.
Requirements Not Limitinq: Requirements of specific coverage features or limits contained in
this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver
of any coverage normally provided by any insurance. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue and is not intended by
any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type.
Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers to
provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten
(10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution
Liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its
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Contract No. 35120C
officers, officials, employees, and agents shall be additional insureds with regard to liability and
defense of suits or claims arising out of the performance of the Agreement, under such policies.
This provision shall also apply to any excess liability policies.
Citv's Riaht to Revise Specifications: The City reserves the right at any time during the term of
the contract to change the amounts and types of insurance required by giving the Contractor
ninety (90) days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City and Contractor may renegotiate Contractor's
compensation.
Self -Insured Retentions: Any self -insured retentions must be declared to and approved by City.
City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced
by a deductible. Self-insurance will not be considered to comply with these specifications unless
approved by City.
Timelv Notice of Claims: Contractor shall give City prompt and timely notice of claims made or
suits instituted that arise out of or result from Contractor's performance under this Agreement,
and that involve or may involve coverage under any of the required liability policies.
Safetv: Contractor shall execute and maintain its work so as to avoid injury or damage to any
person or property. In carrying out its Services, the Contractor shall at all times be in compliance
with all applicable local, state and federal laws, rules and regulations, and shall exercise all
necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions, where applicable, shall
include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and subcontractors, such as
safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space
procedures, trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate
facilities for the proper inspection and maintenance of all safety measures.
Additional Insurance: Contractor 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 and prosecution of the work.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Two -Thousand Two -Hundred Dollars ($2,200) without authorization of the City
Council or City Manager, as applicable, per the Palm Desert Municipal Code. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and manner
set forth in this Agreement.
3.3.2 Pavment of Compensation. Contractor shall submit to City an invoice which
indicates work completed by Contractor. The invoice shall describe the amount of Services
provided. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -
disputed and approved charges thereon. If the City disputes any of Contractor's fees, the City
shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
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Contract No. 35120C
expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall be compensated for Extra Work upon recommendation of the City
Representative with authorization from the City Council or City Manager, as applicable, per the
Palm Desert Municipal Code.
3.5 General Provisions.
3.5.1 Termination of Aareement.
3.5.1.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Contractor may not terminate this
Agreement except for cause.
3.5.1.2 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor: Lin Lines
1801 E. Tahquitz Canyon Way, Suite 100,
Palm Springs, California 92262
ATTN: Chuck Xaudaro, Manager
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Amy Lawrence, Program and Events Specialist
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentialitv.
3.5.3.1 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.
3.5.3.2 Attornev's 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.
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Contract No. 35120C
3.5.4 Indemnification.
3.5.4.1 Scope of Indemnitv. To the fullest extent permitted by law,
Contractor 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 Contractor, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of the
Contractor's Services, the Project or this Agreement, including without limitation the payment of
all consequential damages, expert witness fees and attorneys fees and other related costs and
expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code
Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or
willful misconduct of the Contractor.
3.5.4.2 Additional Indemnitv Obliaations. To the fullest extent permitted by
law, Contractor shall defend, with counsel of City's choosing and at Contractor's own cost,
expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by
Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers,
employees, volunteers and agents. Contractor 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. Contractor 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 and costs, including expert witness
fees. Contractor 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. Contractor'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.
3.5.5 Entire Agreement. This Agreement contains the entire Agreement of the
parties 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.
3.5.6 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.5.7 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.8 City's Right to Emplov Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.9 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.10 Assiqnment or Transfer. Contractor shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
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Contract No. 35120C
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.11 Construction: References: Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not work
days. All references to Contractor include all personnel, employees, agents, and subcontractors
of Contractor, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
3.5.12 Amendment: Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.13 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, estoppel, or otherwise.
3.5.14 No Third-Partv Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.15 Invaliditv: Severabilitv. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.16 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
3.5.17 Equal Opportunity Emplovment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex,
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
3.5.18 Labor Certification. By its signature hereunder, Contractor certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation, or to undertake self-insurance
in accordance with the provisions of that Code and agrees to comply with such provisions before
commencing the performance of the Services.
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Contract No. 35120C
3.5.19 Authoritv to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
CITY OF PALM DESERT LIN LINES
in
Robert A. Spiegel
Mayor
ATTEST:
Signature
Printed Name
TWO SIGNATURES, President OR Vice President
AND Secretary OR Treasurer REQUIRED]
By: By:
Rachelle D. Klassen Signature
City Clerk
APPROVED AS TO FORM:
Robert Hargreaves
City Attorney
Printed Name
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Contract No. 35120C
EXHIBIT "A"
SCOPE OF SERVICES
DESCRIPTION: CONTRACTOR TO PROVIDE THREE MINI BUSSES AND ONE
ADA VAN FOR CONTINUOUS SHUTTLE SERVICE BETWEEN
THE GARDENS ON EL PASEO AND THE CIVIC CENTER PARK
DURING PALM DESERT'S 2016 INDEPENDENCE DAY
CELEBRATION.
Contract No. 35120C
EXHIBIT "B"
SCHEDULE OF SERVICES
DATE: MONDAY, JULY 4, 2016
START TIME: 6 P.M.
END TIME: 10 P.M.
NOTE: CITY REPRESENTATIVE WILL WORK WITH CONTRACTOR TO
COORDINATE ARRANGMENTS SUCH AS ROUTE MAP,
STAGING LOCATIONS, ETC. AT LEAST ONE WEEK PRIOR TO
EVENT.
Contract No. 35120C
EXHIBIT "C"
COMPENSATION
COMPENSATION: $2,200.00 TO BE PAID IN ACCORDANCE WITH SECTION 3.3
OF THIS AGREEMENT
BREAKDOWN: $550.00 PER SHUTTLE
$100.00 PER HOUR, PER SHUTTLE OVERTIME CHARGE
NOTE: NOT OBTAINING BUSINESS LICENSE WILL RESULT IN DELAY
OF PAYMENT.