HomeMy WebLinkAboutC23510A-I 2005 Summer of Fun Series Schedule - Line-up - Pyro SpectaularCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: APPROVAL OF 2005 "SUMMER OF FUN" SCHEDULE, PURCHASE
ORDER/AUDIO VISUAL AGREEMENT FOR MOVIES, PURCHASE
ORDER/AUDIO VISUAL AGREEMENT FOR CONCERTS,
PERFORMING ARTS CONTRACTS, AND PYRO SPECTACULARS
BY SOUZA FIREWORKS DISPLAY CONTRACTS
DATE: FEBRUARY 24, 2005
CONTENTS: PROPOSED 2005 "SUMMER OF FUN" LINE-UP
PROPOSED AGREEMENT WITH LIVE OAK MULTI -MEDIA
PROPOSED AGREEMENT WITH MUSICIAN'S OUTLET
PROPOSED AGREEMENTS WITH PYRO SPECTACULARS BY
SOUZA.
STANDARD PERFORMING ARTS CONTRACT
RECOMMENDATION:
By Minute Motion:
1. Approve attached proposed line-up for the 2005"Summer of Fun" Series.
2. Approve a purchase order in the amount of $9,100 with Live Oak Multimedia for
movies, professional staff, and audio/visual equipment for the 2005 "Summer of
Fun" movies.
3. Approve a purchase order in the amount of $13,800 with Musicians Outlet for
concert professional staff and sound and lighting for the 2005 "Summer of Fun"
concerts.
4. Approve a contract with the amount of $27,500 ($20,000 to be paid by the City of
Palm Desert and $7,500 to be paid by the City of Rancho Mirage) with Pyro
Spectaculars by Souza for professional staff and pyrotechnic supplies for the annual
Independence Day celebration scheduled to be held on July 4, 2005.
5. Approve a purchase order in the amount of $6,000 with Pyro Spectaculars by Souza
for professional staff and pyrotechnic supplies for use at the final "Summer of Fun"
concert scheduled to be held on September 1, 2005.
6. Authorize Mayor to sign the following contracts as presented:
Contract No. C c2351oc , M+M Group $ 5,000
Contract No. C23510D , Mike Nadolson 1,800
Contract No. C23510E , Steve Madaio 7,000
Contract No. C 23510F , Rick Joswick 2,000
Contract No. C23510G , Tony Jones 2,000
Contract No. C2351"H , Steve Swarthout 1,600
Contract No. C235101 , Redlands Symphony 11,000
Contract No. C2351"A , Pyro Spectaculars by Souza 27,500
Funds in the amount of $ 86,800 are available in account 110-4416-414-3061 to produce
these activities and no appropriation is needed.
EXECUTIVE SUMMARY:
Each year the City of Palm Desert produces a "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 of movies and concerts for the 2005 "Summer of Fun"
series along with contracts and invoices for professional services for fireworks, movies,
sound, lighting, movies, and required attendant staffing and services.
The 2005 "Summer of Fun" is scheduled to begin on June 2, 2005, with a performance by
Navy Band Southwest. While the United States Navy's policy prohibits it from confirming
the Band's appearance until 60 days prior to the performance, in order to begin advertising
and publicity associated with the "Summer of Fun", as well as to receive required Council
authorization and prepare necessary contracts, this request is being brought forth. The
"Summer of Fun" series will continue with either a live performance or movie each
Thursday evening through September 1st. The final concert, which will be performed by
the Redlands Symphony Orchestra, is scheduled to conclude with the traditional five
minute firework display.
Funds have been budgeted from account 110-4416-414-3061 to cover fees associated
with the production of these performances and services and staff recommends City Council
approval of performing artists and movies, as well as the purchase order for professional
services with Live Oak Multimedia, Musicians Outlet, and Pyro Spectaculars By Souza and
that the Mayor be authorized to sign subject performing arts and fireworks display
contracts.
PATRICIA SCULLY, CFEE
SENIOR MANAGEMENT ANA
, SHEILA R. GILLIGAN
PA S. GIBSON
CITY TREASURER/FINANCE DIRECTOR
CARLOS L. OR /GA
ASSISTANT CITY MANGER/PIO CITY MANAGE
2005 SUMMER OF FUN SERIES PROPOSED LINE-UP
June 2
June 9
June 16
June 23
July 4
July 14
July 21
July 28
August 4
August 11
August 18
August 25
Sept 1
concert
movie
concert
concert
concert
movie
concert
movie
concert
movie
concert
movie
concert
Navy Band Southwest
Space Jam
Polynesian Review
Silverado
Steve Madaio
Madeline
Jumpin' Joz Band
Adventures of Rocky and
Ho Dads
Flipper
The Cody Bryant Show
Agent Cody Banks
Redlands Symphony
patriotic/marches
live action
Polynesian music
bluegrass
big band/pop
live action
swing
Bullwinkle animated
oldies but goodies
live action
country western
live action
orchestral music
LIVE OAK MULTIMEDIA
84-136 Ave. 44, Ste. #74 1 Invoice No 1035
Indio, CA 92203 Rep Joe Reno
Due
(760) 413-5437 in Indio
(206) 932-4138 in Seattle INVOICE
Feb. 8, 2 DOS
Name City of Palm Desert
Contact Pat Scully
Address 73-510 Fred Waring Dr.
City Palm Desert State CA Zip 92260
Phone 760-346-0611 Fax 760-340-0574
Qty
Date
Description
Unit Price
# Days
Total
Summer Movies - 2oos
.rl une 9th
Syace Jam
July i4th
Madeline
guy 28th
Pee Wee's Big Adventure
Aug. nth
Tapper
Aug. 25th
Agent Cody Banks
5
Shows @ $1600. each, Package
Price
_ $8000.00
5
Movie Rentals & Shipping
$1100.00
* Closed
Captioning to be provided
for every
movie 'f
Equipment Total
Disc.
Subtl.
Labor
Delivery
Tax
Bal Due
Please remit payment
$9100.00
i
Date
Time
Addrress
City
Phone
Deliv.
Delivery
o%
$9100.00
o . 00
Room
o . 00
$9100.00
by
to address abi
J
Date
Time
Addrress
Return
r Office Use Only
Date pd.
Ck#
\4mt.
to
NVOICE: E7455
ATE: 1/18/05
Jan 31 05 01:21p MORE
roln,
BID SHEET
I
BILL TO: CITY OF PALM DESERT
CITY OF PALM DESERT
73510 Fred Waring Drive
Palm Desert , CA. 92260
Phone 1346-0611
Fax P40-0574
Qty
1
1
1
1
1
1
1
1
Descr.
Band Navy Band
Band Silverado
Band Steve Madaio
Band Jumpin' Joz
Band Ho Dads
Band The Cody Bryant Show
Band Redlands Symphony
Polynesian Revue
Comments
1/a
2C
a_
OZ
a
7603404684
Job Name
SUMMER CONCERT
SERIES
SHIP TO:
CITY OF PALM DESERT
73510 Fred Waring Drive
Palm Desert , CA 92260
Billed
Job Type
I Full System
p.1
Start Date Start Time
6/2/05
End Date End Time
I 9/1/05 I
O #:
ERAS: 50%Dep/50%
rdered By: Pat Schully
(Salesman: Bob Bash
i
Type
6-2-05
6-23-05
7-4-05
7-21-05
8-4-05
8-18-05
9-1-05
6-16
Rate Unit Price
$1,600.00
$1,600.00
$1,600.00
$2,600.00
$1,600.00
$1,600.00
$1,600.00
$1,600.00
Amount
61,600.00
$1,600.00
$1,600.00
$2,600.00
$1,600.00
$1,600.00
$1,600.00
$1,600.00
INVOICE TOTAL:
PLEASE READ BEFORE SIGNING
1. A 50% deposit is required 1 week prior to any confirmed show unless other Terms have been arranged
2. Payment in full is due at time of delivery.
3. All confirmed equipment must be canceled 48 hours in advance or there will be a cancellation fee.
4. Any cancellation of a contract with 24 hours of an event will be required to pay the contract in full.
5. Any changes to the bid must accompany a newly signed bid contract.
6. By signing I agree to the teens listed above.
SIGNED
DATE
MUSICIAN'S OUTLET RENTAL EQUIPMENT
74-804 Joni Dr. Unit #6 Voice: 760 340-4864
Palm Desert, CA 92260 FAX: 760 340-4684
Recelved Jan-31-05 01:21pm From-7603404684 To -PALM DESERT CITY CLE Page 01
PYRO SPECTACULARS, INC.
Display Agreement
Contract No. C23510A
1) THIS AGREEMENT, entered into this day of 20(6,.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 1 2005 at
Palm Desert Civic Center —Park Outdoor Amphitheatre, Palm Desert, CA
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 of $3.000.00 and fire department fees approximated at $ 148.00 must be paid by
April 4. 2005. Full final payment is due the first regular business day after the date set for the display. A fmance 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 brILL 1'Al, ULAKS,1IN
Display Agreement Contract No. C23510A
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 }yill 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 Warint Drive, Palm Desert, CA 92260-2578-Seotsmber 1, 2005
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 i executed
by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including . ies,
each one of which shall be deemed an original against the party executing same. This Agreement shall be binding
hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that
fireworks, an industry accepted level of 3% of the product used in any display may not function as designe
nonperformance is acceptable as full performance.
In Wi ess Whereof the parties hereto, by and through
of
JAMES R. S I A
PYRO SPECTACULARS, INC
PURCHASER
PRINT NAME
, Title
orized agents, have set their h
RESIDENT
is
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 April 4, 2005.
• Price includes full electronic firing.
Show Producers Jeff Martin
PYRO SPECTACULARS, INC.
Display Agreement
1) THIS AGREEMENT, entered into this day of
California corporation hereinafter referred to as "PYRO" and
Contract No. C23510A
2005 by and between PYRO SPECTACULARS, INC., a
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 , 2005 at
College of the Deser_t,_Palm Desert, CA_
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 shallhave 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, mortttor 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
April 4, 2005. 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. 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)
by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including.
each one of which shall be deemed an original against the party executing same. This Agreement shall be binding
hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that
fireworks, an industry accepted level of 3% of the product used in any display may not function as design
nonperformance is acceptable as full performance.
In Witness Whereof the parties hereto, by and through
ofH , 2105 .
JAMES R. SOUZA
PYRO SPECTACULARS, IN
thorized agents, have set their
SIDENT
, Title
PURCHASER
this
PYRO SPECTACULARS, INC.
Display Agreement Contract No. C23510A
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, CA 92260-2578 - July 4, 2005
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 aftetit,is executed
pies,
s
re of
day
X f 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 April 4, 2005.
Show Producer: Jeff Martin
PRINT NAME
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
"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
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
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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, 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
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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.
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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, loss, 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.
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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.
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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.
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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)
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Contract No. C
PERFORMING ARTS AGREEMENT
EXHIBIT A
NAME OF ARTIST: [ARTIST'S NAME]
DESCRIPTION: [DESCRIPTION OF ARTIST]
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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.
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Contract No. C
PERFORMING ARTS AGREEMENT
EXHIBIT C
Compensation of $ to be paid at conclusion of PERFORMANCE.
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Contract No. C
EXHIBIT D
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