HomeMy WebLinkAboutC22530A-G 2004 Summer of Fun Concert and Movie SeriesCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: APPROVAL OF 2004 SUMMER OF FUN SCHEDULE, PURCHASE
ORDER/AUDIO VISUAL AGREEMENT FOR MOVIES, PURCHASE
ORDER/AUDIO VISUAL AGREEMENT FOR SOUND AND
LIGHTING FOR CONCERTS, PERFORMING ARTS CONTRACTS,
AND TWO FIREWORKS CONTRACTS
DATE:
CONTENTS:
Recommendation:
By Minute Motion:
March 25, 2004
PROPOSED AGREEMENT WITH LIVE OAK AUDIO VISUAL
PROPOSED AGREEMENT WITH MUSICIANS OUTLET
STANDARD PERFORMING ARTS CONTRACT
AGREEMENTS FOR INDEPENDENCE DAY CELEBRATION AND
SEPTEMBER 2, 2004, FIREWORKS WITH PYRO SPECTACULARS
BY SOUZA, INC.
LINEUP FOR 2004 SUMMER OF FUN SERIES
1. Approve attached lineup for the 2004 "Summer of Fun" Series.
2. Approve a purchase order in the amount of $9, 687.50 with Live Oak Audio Visual
for movies, professional staff, and audio visual equipment for 2004 "Summer of
Fun" movies.
3. Approve a purchase order in the amount of $15,100.00 with Musicians Outlet Rental
Equipment for professional staff, sound, and lighting equipment for the 2004
"Summer of Fun" concerts.
4. Approve a purchase order in the amount of $6,148.00 with Pyro Spectaculars by
Souza, Inc. to provide a five-minute firework display at the conclusion of the
September 2, 2004, concert.
5. Approve a purchase order in the amount of $27,500.00 with Pyro Spectaculars by
Souza, Inc. for the Independence Day Celebration fireworks display.
6. Authorize the Mayor to sign the following contracts as presented:
Contract No. C22530A
Contract No. c22530s
Contract No. C22530C
Contract No. C22530D
Contract No.C22530E
Contract No.C22530F
Contract No.C22530G
CTC Music
Steve Madaio & Friends
Kal David & the Real Deal
Featuring Lauri Bono
Silverado
Upstream
Susie Hanson Latin Band
Redlands Symphony Orchestra
$1,500
6,500
2,000
1,600
2,000
3,400
10,000
Summer of Fun 2004
March 25, 2004
Page 2
Funds in the amount of $27,000.00 are available in account no. 110-4416-414-3061 to
produce these activities and no appropriation is needed or requested.
Executive Summary:
Each year the City of Palm Desert produces the "Summer of Fun" series, which includes
free concerts and movies for the community. Approval of the proposed lineup and
attendant contracts and purchase orders will allow this project to move forward in a timely
manner.
Background:
Attached is the proposed lineup and movies for the 2004 "Summer of Fun" concert and
movies series. City Council approval is required prior to issuing formal performing arts
contracts and issuing appropriate purchase orders to allow staff to formally secure these
professional groups and attendant services. It should be noted that while the contract with
Pyro Spectaculars by Souza, Inc. for the Independence Day Celebration is requested in an
amount of $27,500.00, the City of Rancho Mirage will be contributing $7,500.00 to the total
contract. Therefore, the City of Palm Desert's obligation will be $20,000.00, which is
identical to the request for the past two years.
Funds have been budgeted from account 110-4416-414-3061 to cover contract and
purchase order amounts and professional fees associated with the production of these
performances and services and staff recommends City Council approval of performing
artists and movies, as well as a purchase order for professional services with Live Oak
Audio, Musicians Outlet Rental Equipment, Pyro Spectaculars by Souza, Inc., and that the
Mayor be authorized to sign subject artists contracts and attendant agreements for
professional services.
PATRICIA SCULLY
SENIOR MAN- EMENT ANALYS
SHEILA R. GILLI AN
ASSISTANT CITY MA
PAUL GIBSON
DIRECTOR OF FINANCE/
CITY TREASURER
C ' LOS L. TEGA
CITY MANAGER
Feb 16 04 12:52p Live Oak Audio Visual
(206) 548-7770 p.2
Live Oak Audio Visual
P.O. Box 47259
Seattle, WA 98146
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
(760) 346-0611
Fax (760) 340-0574
AY,
2/16/2004
Invoice
m.0 6 ..•.`
4290
:419. .
Palm Desert City Park
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Movie Series 2004 - Package Price
Movie Rentals/Licenses
Cartoons
Shipping & Handling
1,600.00
287.50
30.00
100.00
8,000.00
1,437.50
150.00
100.00
Subtotal $9,687.50
. Sales Tax
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(206) 548-9822
(206) 548-7770
: Total $9,687.50
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Received Feb-16-04 12:54pm
From-206 548 7770 To -PALM DESERT CITY CLE Page 02
Feb 05 04 02:SOp Bob Bash
760-340-4684
p.3
Musician's Outlet Rental Equipment
ATTN: Accounts Receivable
74-804 Joni Dr. Unit #6
Palm Desert, CA 92260
Voice: 760 340-4864
FAX: 760 340-4684
BILL TO:
CITY OF PALM DESERT
73510 Fred Waring Drive
Palm Desert , CA. 92260
INVOICE
16995
2/5/2004
r
SHIP TO:
CITY OF PALM DESERT
73510 Fred Waring Drive
Palm Desert , CA 92260
r
1
P,!). NI.IMB1:IC f EK.M5
10 Days
SHOW NAME DATE Ordered By:
SUMMER CONCERT SERIES 6/3/2004 Pat Schully
Q4r Type
1 6-3-04 Band TBA
1 6-10-0 Band TBA
1 6-24-0 Band TBA
1 7-4-04 Band TEA.
1 7-15-0 Band TEA
1 7-22-0 Band TBA
1 8-5-04 Band TBA
1 8-19-0 Band TBA
1 9-2-04 Band TBA
t11;SC i ii rit'N
Unit Price
$1,600.00
$1,600.00
$1,600.00
$2,300.00
$1,600.00
$1,600.00
$1,600.00
$1,600.00
$1,600.00
AMI )VN 1'
$1,600.00
$1,600.00
$1,600.00
$2,300.00
$1,600.00
$1,600.00
$1,600.00
$1,600.00
$1,600.00
'+1 ill I< !A:
TOTAL
$15,100.00
.,, .«i;.:.,.,..., Mitrv.,,r.� Ma4I';;:; t 4044w
Invoice: 16995 Job Name: Summer COncert Series
6/3/2004
Date: 2/5/2004
Customer: CITY OF PALM DESERT
Total Due: $15,100.00
2/5/2004 1:55:08 PM
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Musician's Outlet Rental Equipment
ATTN: Accounts Receivable
74-804 Joni Dr. Unit #6
Palm Desert, CA 92260
Voice: 760 340-4864
FAX: 760 340-4684
1'!'itN1:51!!V: f.:iA
Received Feb-05-04 02:50pm From-760 340 4684
To -PALM DESERT CITY CLE Page 03
Contract No. C
PERFORMING ARTS AGREEMENT
This Agreement is entered into this day of , by
and between the CITY OF PALM DESERT, a California municipal corporation,
hereinafter referred to as "CITY," and
hereinafter referred to as "ARTIST."
RECITALS:
1. The CITY owns and operates the Palm Desert Hahn Amphitheater, an
outdoor amphitheater located in the Palm Desert Civic Center (hereinafter
"TH EATER").
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
The ARTIST agrees to render the PERFORMANCE to the best of its abilities on
the dates and times prescribed by Exhibit B. The ARTIST shall not perform under
Contract No. C
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. Lighting, Sound Amplification and Other Equipment
The THEATER's physical dimensions, built-in lighting and sound equipment,
electrical system, and other technical specifications are described on Exhibit D,
attached hereto and incorporated herein by this reference. ARTIST shall be
responsible for providing, erecting, operating and dismantling, at its own expense,
any additional equipment not described in Exhibit D that is necessary to properly
effectuate the PERFORMANCE, including any props and stage sets.
3. Make -Up and Costumes
The ARTIST shall be responsible for providing, at its own expense, any
costumes and make-up necessary to the PERFORMANCE.
4. Dressing and Storage 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. However, the CITY shall provide ARTIST with non-exclusive
access or a public rest room at or in the vicinity of the THEATER.
5. 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
2
Contract No. C
hands, operators of sound and lighting equipment, 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 completed at least one hour prior to the time
scheduled for the PERFORMANCE.
6. Compensation
In exchange for the ARTIST's PERFORMANCE in accordance with this
Agreement, CITY agrees to compensate the ARTIST in the manner described in
Exhibit C attached hereto and incorporated herein by this reference.
7. Promotion
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.
8. Illness, Injury 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
3
Contract No. C
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.
9. 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.
10. Independent Contractor
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.
4
Contract No. C
11. 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.
12. 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.
13. Indemnification; Hold Harmless
The ARTIST shall indemnify and hold the CITY, its officers and employees, free
and harmless from any liability, Toss, cost or expense resulting from any injury or
damage to any persona caused by ARTIST, its agents or employees, while engaged
in the PERFORMANCE of this Agreement as described in Exhibit D.
14. Insurance
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.
5
Contract No. C
B. Damage to or theft of any personal property or equipment owned
by or under the control of ARTIST, its agents, volunteers and
employees.
15. Liquidated Damages
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
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.
Contract No. C
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.
16. Attornev'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.
17. Modification
No modification of this Agreement shall be valid unless agreed to in writing by
both the CITY and ARTIST.
18. Prohibited Interests
The ARTIST represents that neither it nor any of its agents or employees is
currently an officer or employee of the CITY.
7
Contract No. C
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]
JEAN M. BENSON, MAYOR (Signature; must be notarized)
ATTEST:
RACHELLE KLASSEN, CITY CLERK
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
(Printed Name)
8
Contract No. C
PERFORMING ARTS AGREEMENT
EXHIBIT A
NAME OF ARTIST: [ARTIST'S NAME]
DESCRIPTION: [DESCRIPTION OF ARTIST]
9
Contract No. C
DATE:
TIME:
PERFORMING ARTS AGREEMENT
EXHIBIT B
[DATE OF PERFORMANCE]
7:30 P.M.
ARTIST must arrive one hour prior to PERFORMANCE for sound check and
coordination with sound technicians and be set up ready to perform no later than
7:30 p.m. The PERFORMANCE must conclude promptly at 9:00 p.m.
10
Contract No. C
PERFORMING ARTS AGREEMENT
EXHIBIT C
Compensation of $ to be paid at conclusion of PERFORMANCE.
Contract No. C
EXHIBIT D
12
February 5, 2004
City of Palm Desert
Ms. Pat Scully
73-510 Fred Waring Drive
Palm Desert, California 92260
Pyro Spectaculars by Souza
PO Box 2329, Rialto, CA., 92377
Phone: 909.874.1644
Fax: 909.355.9813
www. PyroSpectacu la rs.com
Dear Ms. Scully,
Thank you for the opportunity to submit our pyrotechnic proposal for your July 4, 2004
fireworks display. We are honored to highlight your event with a Pyro Spectaculars by
Souza fireworks extravaganza saluting the American Heroes of past and present. A
very sincere effort has gone into the enclosed proposal which outlines your custom
designed show in detail.
We are proposing our special Sky ConcertTM Program "A" in the amount of
$27,500.00. Your display is scheduled for 9:00 p.m. and will be approximately 18-20
minutes in duration. Our plan is to use the winning combination of our products,
people and production capabilities to produce the best fireworks entertainment
package possible.
This program price includes the services of a licensed pyrotechnic operator, an
electronic firing system, show choreography and design, insurance coverage, sales tax
and delivery. We will process the necessary fire department permit application. The
City of Palm Desert will be responsible for provisions for security, and payment of the
Riverside County Fire Department permit fees of approximately $148.00 and standby
firemen fees, if any. The Riverside County Fire Department may bill you directly for
any standby fees.
Enclosed you will find a Display Checklist and Display Agreements for signature and
initialing. Please have one copy of this fully executed agreement returned to our office
by March 15, 2004. Your deposit and applicable fire department permit fees will be
due on April 5, 2004.
Please take the time to review this proposal in detail. If you wish to make any changes
in your program or need more information, please give us a call.
Sincerely,
PYRO SPECTACULARS, INC,
ffdartin
Regional Sales Manager
JM/Irm
Enclosures
Page 2
Proposal elitline for
City of Palm Desert
• Letter From the President
• Product Synopsis
• Display Checklist
• Company Profile
• Firework Scenes
• Marquee Event Photos
• Marquee Achievements
• Conclusion and Commitment
• Production Team
• Confetti and Other Available Options
• Display Agreement
Holiday Bowl 2003- Qualcomm Stadium - San Diego
Page 3
Letter from the Pres! ent
Pyro Spectaculars by Souza is proud to
present the 2004 Sky ConcertTM, "A Salute
to Heroes." This year's program is a tribute
to our heroes, past and present, that have
helped shape the character of our nation by
promoting democracy, seeking
independence, and defending freedom across
the United States and the World. On our
Nations Birthday, Pyro Spectaculars by
Souza not only honors the brave men and
women of the Armed Forces, but we also
honor the everyday heroes such as police
officers, firemen, educators, and everyone
else who has taken the opportunity to reach
out and help someone in need.
Jim Souza, President
Pyro Spectaculars by Souza
The Souza family tradition of fireworks entertainment spans five generations -a tradition
that began over 100 years ago because of our ancestors' goal to fulfill their American
Dream. Today our family owned business carries on decades of entertainment tradition
by treating each show with the same dedication and commitment as our founders.
Pyro Spectaculars by Souza remains a leader and pioneer in an industry that demands
innovative technology, reliable service, and quality performance. From small special
events to world class extravaganzas, our talented production staff is eager to assist you
and help make your fireworks display a spectacular production. The winning
combination of our people, products, and proven track record has provided us with the
honor of producing such prestigious events as: the Walt Disney Concert Hall Grand
Opening Gala, America's Party Las Vegas New Years Eve, Macy's Fourth of July
Extravaganza in New York City, and the 2002 Winter Olympic Games in Salt Lake City.
It is also my pleasure to announce that Pyro Spectaculars by Souza has also been chosen
as the pyrotechnic company for the 2004 Summer Olympic Games in Athens, Greece.
On behalf of Pyro Spectaculars by Souza, I would like to thank you for the opportunity to
be your pyrotechnic company of choice. Please join with us in celebrating America's
228th Birthday with "A Salute to Heroes."
God Bless America!
James R. Souza
President
Page 4
Product Synopsis
Pyrotechnic Proposal
City of Pc71171 Desert
Program "An
Opening
Description Quantity
• 3" Sky Concert Opening Salutes 25
Total of Opening 25
Main Body - Aerial Shells
Description Quantity
• 4" Sky Concert Selections 190
• 5" Sky Concert Selections 110
• 6" Sky Concert Selections 93
• 8" Sky Concert Selections 8
Total of Main Body - Aerial Shells 401
Grand Finale
Descri ption Quantity
• 2.5" Sky Concert Bombardment Shells 108
• 3" Sky Concert Finale Shells 30
• 4" Sky Concert Finale Shells 60
Total of Grand Finale 198
Grand Total 624
•
-
Page 5
••••••• •••••.••••&•,••••::,
:•11... •
••,::::••••••• -••-•
.•... • .
• , .
Display Checklist
City of Palm Desa t Agrees to:
• Return contract by March 15, 2004.
LI Send 50% deposit and applicable fire department permit fees by
April 5, 2004.
la Send balance of payment to arrive by July 5, 2004.
D. Provide suitable firing site, pay necessary deposits and fees in accordance
with all applicable laws.
• Provide adequate security as required by local fire authority.
• Provide two-way communication to the pyrotechnician from command
center to firing site(s).
L) Provide sound and playback system.
Pyro Spectaculars Agrees to:
El Provide a professional Full Service fireworks production.
O Provide fireworks general liability insurance and hazardous material
transportation insurance in the amounts of $1 million and $5 million
respectively, as well as workers compensation coverage for
pyrotechnicians.
O Apply for all necessary federal, state, and local fireworks display permits
and licenses.
El Provide a licensed pyrotechnic operator and crew.
O Provide all necessary pyrotechnic equipment.
Page 6
Cornny Profile
Pyro Spectaculars by Souza is a full
service outdoor, indoor, and theatrical
professional fireworks display company
providing all types of pyrotechnic effects
for all types of shows. Our extensive
experience, performance achievements,
safety standards, and reliability are a
testimony to the thousands of satisfied
Pyro Spectaculars customers. We provide
a complete range of services from Stage
Flash Pots to 36" Aerial Shells. From
Homecoming Queens to Presidential
Inaugurations- Pyro Spectaculars by
Souza is the World's Premier Pyrotechnic
Production Company!
•World's Premier Theme Park Supplier
•500 Annual Independence Day Shows
•2,000 Seasonal Pyrotechnicians and Crew
•World's Largest Public Display Company
.75 Full Time Employees
•Innovators of close proximity pyrotechnics
•America's Largest Pyrotechnic Production
Company
•4,000 Annual Theme Park Shows
.5,000 Varieties of pyrotechnic effects
•Pioneered Electronic Firing to Music
•Highest Industry Safety Record & Standards
• 13 countries of featured pyrotechnics
•6 "Global Pyrotechnic Network" Facilities
Industry Associations andCommittees
•American Pyrotechnics Association
'National Fire Protection Association
•California Fire Chiefs Association
Industry Members
•Western Fairs Association
•International Festivals and Events
Association
•International Special Events Society
•California Fire Prevention Officers Association
',California Fireworks Advisory Committee
•Lighting Dimensions International
•International Association of Amusement Parks
and Attractions
Page 7
Fireworks Scenes:
Low Level & Ground Effects
Set Pieces
Lame ituleshot Device
Star
/
Low Level Et
Roman Candles
Page 8
Marquee Event Photos
New Years Eve at the Space Needle
Paris Las Vegas Grand Opening
4Emki.o+:
444 ,
11' 'ato
\ -
Walt Disney Concert Hall Opening Gala 2002 Winter Olympics in Salt Lake City
America's Party Las Vegas New Years Eve 2003 Page 9
Marquee Achievements
MAJOR EVENTS
2002 Winter Olympics - Salt Lake
City
1996 Centennial Olympics - Atlanta
1984 Summer Olympics - Los
Angeles
Walt Disney Concert Hall Grand
Opening Gala Los Angeles, CA
America's Party Las Vegas New
Years - Las Vegas, NV
New Year's Eve at The Space Needle
- Seattle, WA
Macy*s Fourth of July - New York City
AmericaFest at the Rose Bowl -
Pasadena, CA
Philadelphia New Years Eve
Celebration - Philadelphia, PA
San Francisco Millennium
Celebration - San Francisco, CA
City of San Francisco Fourth of July
Celebration - San Francisco, CA
Fanfare for Cleveland Bicentennial -
Cleveland, OH
100th Birthday of the Statue of
Liberty - New York Harbor
Inauguration of President Ronald
Reagan- Washington, DC
Over 500 Fourth of
July Shows
Performed Annually
INTERNATIONAL
First Place - Hamburg Internatio
Fireworks Festival- Hamburg,
Germany
Grand Prize Winner - Coca Cola
International Fireworks Festival -
Yokohama, Japan
Montreal International Fireworks
Competition - Montreal, Canada
Seoul International Fireworks
Festival - Seoul, South Korea
Chinese New Year - Hong Kong for
over 15 years
50th Anniversary - Liberation of
South Korea -South Korea
Centennial Celebration - Liberation
of the Philippines- Philippines
Jerusalem 3,000 Anniversary- Israel
Singapore National Day- Thailand
Commonwealth Festivals Australia
British Commonwealth Games -
Canada
SPECIAL EVENTS
Alfred Zampa Memorial Bridge Grand
Opening - Crockett/Vallejo, CA
Grand Opening Celebration Paris
Hotel & Casino Las Vegas, NV
Grand Opening Celebration
Disney's Wide World of Sports Complex -
Orlando, FL
50th Birthday Celebration Golden Gate
Bridge - San Francisco, CA
50th Birthday Celebration San
Francisco/Oakland Bay Bridge
Page 10
Marquee Achievements
THEME PARKS
Disneyland - Anaheim, CA
Walt Disney World & Epcot -
Orlando, FL
Knott's Berry Farm - Buena Park, CA
Six Flags Theme Parks -Nationwide
Batman Stunt Shows
Knott's Camp Snoopy at Mall of
America - Minneapolis, MN
Universal Studios - Burbank, CA
Lethal Weapon Special Effects
Shows
Queen Mary - Long Beach, CA
Legoland California, San Diego, CA
Sea World Baywatch Shows
MOTION PICTURES & TV
The Matrix 2 & 3, Terminator 3,
Mission Impossible, The Grinch,
Swordfish, World Wrestling Federation,
ABC's 50th Anniversary, Miss
Congeniality, Ally McBeal, Coors Light,
Battledome, Bud Light, Drew Carey,
James Bond, Metal God, Three Wishes,
Meet Joe Black, Small Soldiers,
Sleepless in Seattle, Titanic, Murder in
the First, Con Air, Men In Black,
Twister, The Fugitive, GI Jane, Mars
Attacks, Leprechaun
SPORTS
NFL Super Bowls XVII, XVIII, XIX,
XX, XXVII, XXX, XXXI, XXXII, XXXV,
XXXVII, XXXVIII
World Cup Soccer -Opening and
Closing Ceremonies
Anaheim Angels World Series
Championship Celebration
L.A. Galaxy - Major League Soccer
Major League Baseball: A's, Angels,
Astros, Brewers, Dodgers, Giants,
Mariners
MLB All Star Games and Galas:
Oakland, San Francisco & Seattle
Tours & MUSIC VIDEOS
Audioslave-"Cochise" MTV Music Video
Ice Capades Tour
Michael Flattley's Lord of the Dance Tour
Pokemon Live Tour
Bon Jovi Japan & European Tour
Pink Floyd World Tour - 20 countries
Rolling Stones- "Steel Wheels Tour"
Disney on Ice - Singapore, Hong Kong, Japan
KISS, Lenny Kravitz, Boyz II Men,
Elton John
AND
THOUSANDS
MORE...
Page 11
;7Z:17.7
VIM%
clusion
410
Cotnmitirteitt
die sincerely thank the City of Palm Desert for allowing us to make
this presentation.
sincere effort has gone into preparing this proposal. We are
eager to hear your comments and answer any questions you may
have.
ie are confident that after your complete review of our ideas
and performance capabilities you will select Pyro Spectaculars by
Souza as your fireworks company.
JeffMartio,
Regioo_aisaes Mam-ager
Page 12
Confettiand Other A vallable
Options
Take your show or special event and make it even more special. Confetti creates
and heightens excitement. We supply the special events and entertainment industry
with confetti, streamers, and confetti cannons.
By carefully selecting the shape, color, size and substance of our confetti and by
paying special attention to its aerodynamic qualities, we produce dazzling visual
displays. Unique confetti shapes that dance in the air! Colorful streamers that burst
overhead then float to the ground!
We offer full -service confetti programs,
handheld confetti cannons, a variety of
remote fired confetti systems, and
continuous flow confetti units are
available. Page 13
PYRO SPECTACULARS, INC.
Display Agreement
1) THIS AGREEMENT, entered into this day of 20Q4 by and between PYRO SPECTACULARS, INC., a
California corporation hereinafter referred to as "PYRO" and
City of Palm Desert hereinafter referred to as "PURCHASER.
2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, 1 fireworks display
as per Program A , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take
charge of and, along with sufficient helpers, safely discharge the display.
The said display is scheduled to be performed on July 4 , 20A4 at
College of the Desert, Pahn Desert
3) PURCHASER, at its own expense, agrees to provide to PYRO:
A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to
PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection,
roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property
not authorized by PYRO into the DISPLAY SITE C) The services and cost of standby firemen and/or any applicable permit fees
as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the DISPLAY SITE to set
up the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no
obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred
because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display
("Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area
does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures
thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring
that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the
Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is
expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of
the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and J)
After completion of the Display, that the Display Area is cleared of any live firework debris originating from the program.
4) PURCHASER shall pay to PYRO the sum of TWENTY-SEVEN THOUSAND FIVE HUNDRED Dollars
($ 27,500.00 ). A deposit of $ 13.750.00 and fire department fees approximated at $ 148.00 must be paid by
Anvil 5 2004. Fula final payment is due the first regular business day after the date set for the display. A finance charge at a
periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be
charged on the unpaid balance after ten days from the date of the display: PURCHASER, by signing this agreement, authorizes PYRO
to receive and verify financial information concerning PURCHASER from any person or entity.
5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO' s control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased
the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
display. It shall be within PYRO' s sole discretion to determine whether or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for the display, as provided in the following paragraph.
6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises
this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. 1)
25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days
of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up
of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
including but not limited to music/narration tape production and/or sponsors logos.
(continued on reverse)
PYRO SPECTACULARS, INC.
Display Agreement
7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO' s
damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed
herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is
prohibited.
9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury
and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such insurance
shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage
arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall
not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including
through or by its employees, agents and/or independent contractors, to perform its obligations under this agreement, including, without
limitation, those contained in Paragraph 3 of this Agreement B) Failure of the PURCHASER to provide discretionary Spectator and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims
and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph.
10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled
to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
11) In the event PYRO breaches this agreement, or is otherwise negligent in performing the fireworks display provided for herein,
PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER
agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential
damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed
as a modification or limitation on the insurance coverages afforded to Paragraph 9 above.
12) It is agreed, nothing in this Agreement or in PYRO' s performance of the display provided for herein, shall be construed as forming a
partnership or joint venture between PURCHASER and PYRO. 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.
13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the
State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display
provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for
any such action.
14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States
Mail, postage prepaid, first class, addressed as follows: PYRO Pyro Spectaculars, Inc., P. O. Box 2329, Rialto, California 92377.
PURCHASER - City of Palm Desert; 73-510 Fred Waring Drive. Palm Desert, California 92260 - July 4.2004
15) All terms of this 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.
16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations
under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed
by PYRO at PYRO' s offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies,
each one of which shall 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. PURCHASER recognizes that because of the nature of
fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of
nonperformance is acceptable as full performance.
In Witness Whereof the parties hereto, by and through their duly authorized agents, have set their hands and seals this
of , 20a4 ..
, Title
JAMES R. SOUZA
PYRO SPECTACULARS, INC.
PRESIDENT
Title
PURCHASER
day
X Initial Here
• Purchaser is responsible for payment of
fire department permit and standby fees,
if applicable.
• Purchaser to provide firing site,
communication, and security.
• Price firm through March 15, 2004.
• Price includes full electronic firing
Show Producer. Jeff Martin
National Holidays
Sporting Events
School Celebrations
Anniversaries
Corporate Presentations
Premieres
Grand Openings
Rock and Pop Concerts
Motion Pictures
Live Theater
Theme Park Spectacles
Laser/Water Show
Coordination
Indoor Pyrotechnics
Pyro Musicals'
Computerized
Choreography
Sky Concerts'
Fireworks Radio Network
One -of -a -kind
Special Effects
Personalized Logos
Custom Manufacturing
Pre -Event Planning
Display Permits
Safety Inspections
Experienced, Licensed
Pyrotechnicians
Professional Support
Staff
roue
PYRO
SPECTACU[AHS
America's Premier Fireworks Familr
February 5, 2004
City of Palm Desert
Ms. Pat Scully
73-510 Fred Waring Drive
Palm Desert, California 92260
Dear Ms. Scully,
Pyro Spectaculars is pleased to provide our pyrotechnic products and services for your
September 2, 2004 fireworks display.
We are proposing our full service Program "A", in the amount of $6,000.00. Your display is
scheduled for 9:00 p.m. and includes full electronic firing, a licensed pyrotechnician, permit
application, insurance coverage, sales tax and delivery. The City of Palm Desert will be
responsible for the provision of security, payment of the Riverside County Fire Department
permit fees of approximately $148.00, and standby firemen fees, if any. The Riverside County
Fire Depat tinent may bill you directly for any standby fees.
Enclosed you will find a Product Synopsis, Display Checklist, and Display Agreements for
signature and initialing. Please have one copy of this fully executed agreement returned to our
office by March 15, 2004. Your deposit and applicable fire department permit fees are due by
April 5, 2004.
If you have any questions or need additional infoiniation, please feel free to contact myself or
your Customer Service Representative Rene Maul at (909) 874-1644 extension 28. We look
forward to working with you.
Regards,
PYRO SPECTACULARS, INC.
artin
egional Sales Manager
JM/lrm
Enclosures
P.O. Box 2329 • Rialto, Ca. 92377 • Phone: 909-874-1644 or 888-477-PYRO • Fax: 909-355-9813
Product SynOpSLS
Pyrotechnic Proposal for
City of Palm Desert
Pyrotechnic Devices
Description Quantity
♦ Sousa Bouquets Custom Multishot Device 128 Shots
♦ Sousa Gold Line - Multishot Device 100 Shots
♦ Sousa Platinum Line - Multishot Device 100 Shots
♦ Sousa Diamond Line Multishot Device 450 Shots
♦ 1.75" Red Mine 6
♦ 1.75" Blue Comets 6
♦ 1.75" Blue Comets w/Tail 6
♦ 1.75" Blue Mine 6
♦ 1.75" Crackle Mine 6
♦ 1.75" Gold Glitter Mine 6
♦ 1.75" Green Mine 6
♦ 1.75" Orange Mine 6
♦ 1.75" Red Comets w/Tail 6
♦ 1.75" Red White & Blue Mine 6
♦ 1.75" Silver Glitter to Blue Mine 6
♦ 1.75" Silver Glitter to Green Mine 6
♦ 1.75" Silver Mine 6
♦ 1.75" Silver Tail Comets 12
♦ 1.75" Red Comets 6
Total of Pyrotechnic Devices 874
Custom Brightwork and Set Pieces
Description Quantity
♦ 24" Color Change Saxon 4
Total of Custom Brightwork and Set 4
Grand Total 878
Di1ay Cheeklist
City of Palm Desert Agrees to:
❑ Return contract by March 15, 2004.
❑ Send 50% deposit and applicable fire department permit fees by
April 5, 2004.
❑ Send balance of payment to arrive by September 3, 2004.
❑ Provide suitable firing site.
❑ Provide security.
❑ Provide communication to the pyrotechnician.
Pyro Spectaculars Agrees to:
❑� Provide a Professional Full Service fireworks production.
Provide general liability insurance and hazardous material
transportation insurance in the amounts of $1 million and $5
million respectively, as well as workers compensation coverage.
fApply for all federal, state, and local fireworks display permits and
licenses as required by law.
ig Provide a licensed pyrotechnic operator and crew.
Provide all necessary pyrotechnic equipment.
PYRO SPECTACULARS, INC.
Display Agreement
1) THIS AGREEMENT, entered into this day of 2004 , by and between PYRO SPECTACULARS, INC., a
California corporation hereinafter referred to as "PYRO" and
City of Palm Desert hereinafter referred to as "PURCHASER.
2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, 1 fireworks display
as per Program A , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take
charge of and, along with sufficient helpers, safely discharge the display.
The said display is scheduled to be performed on September 2 2004 at
Palm Desert Civic Center Outdoor Amphitheatre, Palm Desert
3) PURCHASER, at its own expense, agrees to provide to PYRO:
A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO
in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection, roping,
fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not
authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees as
required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the DISPLAY SITE to set up the
display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no obligation to
perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said
failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display ("Spectator Area")
and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area does not infringe on
the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including
but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring that the Parking
Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and
the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that
PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the
Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and J) After completion of the
Display, that the Display Area is cleared of any live firework debris originating from the program
4) PURCHASER shall pay to PYRO the sum of SIX THOUSAND
Dollars
($ 6,000.00 ). A deposit in the amount of $ 3,000.00 and fire department fees approximated at $ 148.00 must be paid by
April 5, 2004. Full final payment is due the first regular business day after the date set for the display. A finance charge at a
periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on
the unpaid balance after ten days from the date of the display PURCHASE
and verifyfinancial information concerningPURCHASER from an person or entity
PURCHASER, signing this agreement, authorizes PYRO to receive
any
5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased
the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for the display, as provided in the following paragraph.
6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises
this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. 1)
25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days
of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up
of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
including but not limited to music/narration tape production and/or sponsor logos.
(continued on reverse side)
7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's damages.
The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed
herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is
prohibited.
9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury
and property damage, including products liability ONE MILLION DOLLARS'(81;060,000) combined single limits. Such insurance
shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property
damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by
PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of
PURCHASER, including through or by its employees, agents and/or independent contractors, to perform its obligations under this
agreement, including, without limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide'
discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold
PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A) and B) of this
Paragraph.
10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled
to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
11) In the event PYRO breaches this agreement, or is otherwise negligent in performing the fireworks display provided for herein,
PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER
has paid PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential
damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed
as a modification or limitation on the insurance coverages afforded to Paragraph 9 above.
12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming
a partnership or joint venture between PURCHASER and PYRO. 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.
13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of
the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the
display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper
venue for any such action.
14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States
Mail, postage prepaid, first class, addressed as follows PYRO - Pyro Spectaculars, Inc., P. O. Box 2329, Rialto, California 92377.
PURCHASER - City of Palm Desert; 73-510 Fred Warfng Drive, Palm Desert, -California 92240 September 2, 200d
15) All terms of this 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.
16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations
under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER' and after it is .M
executed by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed
copies, each one of which shall 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. PURCHASER recognizes that because of the
nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of
nonperformance is acceptable as full performance.
In Witness Whereof the parties hereto, by and through their duly authorized agents, have set their hands and seals this
of , 2004.
AMES R. OUZA
PYRO SPECTACULARS, INC.
, Title PRESIDENT
PURCHASER
Title
day
X Initial Here
• Purchaser Is responsible for fire department
permit fees and standby fees, if applicable.
• Purchaser to provide firing site,
communication, and security.
• Price firm through March 15, 2004.
• Price includes full electronic firing.
Show Producer: Jeff Martin
June 3
June 10
June 17
June 24
July 4
July 8
July 15
July 22
July 29
August 5
August 12
August 19
August 26
September
2004 SUMMER OF FUN LINE UP
Navy Band Southwest
Palm Desert High School Band
The Jungle Book 2
Chris Compton Live
Steve Madaio and Friends
Spy Kids #D - Game Over
Kal David and the Real Deal featuring Lauri Bono
Silverado
The Country Bears
Upstream
Finding Nemo
Susie Hansen Latin Band
Freaky Friday
2 Redlands Symphony Orchestra