HomeMy WebLinkAboutC24390 PyroSpectaculars - Fireworks for Tree Lighting 11/22/2005REQUEST:
SUBMITTED BY:
DATE:
CONTENTS:
REQUEST FOR
2005 HOLIDAY
C 24390 )
Contract No. C24390
-Sa C-1
CITY OF PALM DESERT
Community Services Division
Staff Report
APPROVAL OF FIREWORKS DISPLAY FOR THE
TREE LIGHTING CEREMONY (Contract No.
Patricia Scully, CFEE, Senior Management Analyst
October 13, 2005
1. Proposed Agreement with Pyrospectaculars by Souza
10101,, ►� 1 T, : 9--jIWZF
By Minute Motion, approve Contract No. C24390 in the amount of $3,148.00 with
Pyrospectaculars by Souza for professional staff and pyrotechnic supplies for the annual
Holiday Tree Lighting Ceremony scheduled to be held on November 22, 2005, at Desert
Springs Resort, A JW Marriott Resort & Spa, and authorize the Mayor to sign the contract.
Funds are available in Fiscal Year 05/06 Account No. 110-4416-414-3061 to produce this
activity, and no appropriation is needed or requested.
EXECUTIVE SUMMARY:
Each year the City of Palm Desert's Youth Committee produces a Holiday Tree Lighting
Ceremony to kick off the holiday season. Approval of this request will allow staff to add a
fireworks display in conjunction with this activity.
BACKGROUND:
Each year the City of Palm Desert's Youth Committee sponsors a Holiday Tree Lighting
Ceremony at Desert Springs Resort, A JW Marriott Resort & Spa. In addition to kicking off the
holiday season by lighting a decorated tree, other activities presented for the community to
enjoy at no charge include refreshments associated with the season, tours of the Marriott
grounds, visits with Santa Claus, and storytelling times hosted by local personalities. This year,
the City has an opportunity to add a fireworks display, which will be shot from the bridge
immediately south of the hotel lobby as the tree is lit. The Palm Desert Youth Committee,
Contract No. C24390
CITY COUNCIL STAFF REPORT
OCTOBER 13, 2005
RE: REQUEST FOR APPROVAL OF FIREWORKS DISPLAY FOR THE 2005 HOLIDAY
TREE LIGHTING CEREMONY (Contract No. C 24390 )
representatives from Marriott, and City staff all believe this will be a positive addition to this
event.
Funds are available in Fiscal Year 2005/06 Account No. 110-4416-414-3061 to cover fees
associated with the production of this activity, and no appropriation is needed or requested.
Staff recommends that the City Council approve professional services by Pyrospectaculars by
Souza and authorize the Mayor to sign the subject agreement.
PATRICIA S-CULLT, CFE
SENIOR MANAGE4ENT ANALYS
SHEILA R. IILLIGA
ACM/COMMUNITYVES
PS:mpg
2
PAUL S. GIBSON, FINANCE DIRECTOR
CITY TREASURER
CARLOS L. ORTE
CITY MANAGER
Contract No. C24390
AmeK='s rlm W" Fincwo4,s F=Wr
S;,. bember 21, 2005
City of Palm Desert
Pat Sally
73-510 Fred Waring Drive
Palm Desert; CA 92260-2578
Dear Ms. Scully,
Pyro S�Q%J,�Jlars is pleased to provide our pyrotechnic products and
services for your November 22, 2005 flreworks dsplay. We are proposing
our special Program "A" in the amount of $3,000.00. Your display is
sdvxkded for 7:00pm and wM be approodawd0y 2-3 minutes In duration.
Our full service Program A includes a licensed pyrotechnician, full
et„ 1ronk ftV, Perna application, insurance coverage, sales tax and
delivery. City of Palm Desert will be responsible for the provision of
security and payment of the Riverside County Fire Department permit fee
of approximately $148.00, and standby firemen fees, if any. The fire
deparWON, may bil you directly for any addtionai standby flees.
Enclosed you will find a Product Synopsis, Display Cheddist, and Display
A6 . - ; :nts for signature and IrAlaling. Phase how one copy of this
fully executed agreement returned to our office by October 28, 2005.
If you have any questions or need additional won, please fed free
to contact me. We look forward to working with you.
Regards,
PYV
cuun mc.
�
PYRO Shov4 Producer
JK,qr
Enclosures
P.O. Box 2329 0 Rialto, Ca. 92377 • Phone: 909-874-1644 or 888-477-PYRO • Fax: 909-355-9813
Contract No. C24390
Product Synopsis
Pyrotechnic Proposal for
City ofPalm Deseit
Program A
$3, ". Oo
Pyrotechnic Devices
Description
Quantity
♦ Sousa Diamond Line - Multishot Device
720 Shots
Total of Pyrotechnic Devices
720
Custom Brightwork and Set Pieces
Description
Quantity
♦ 3/4 Silver Fountain
20
Total of Custom Brightwork and Set Pieces
20
Custom Manufactured Special Pyrotechnic Effects
Description
Quantitv
♦ 30 Second White Strobe
20
Total of Custom Manufactured Special
20
Grand Total
760
Contract No. C24390
Display Checklist
City of Palm IMwit Agrees to
❑ Return contract by October 28, 2005.
❑ Send full final payment and applicable fire department permit fees
to arrive by November 23, 2005.
❑ Provide suitable firing site.
❑ Provide security.
❑ Provide two-way communication to the pyrotechnician.
&anufacture.,
P;
yro Spectaculars Agrms tn supply, insure, ship, install, fire, and tear down all
display materials.
&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.
AApply for all federal, state, and local fireworks display permits and
licenses as required by law.
IAProvide a licensed pyrotechnic operator and crew.
16Provide all necessary pyrotechnic equipment.
PYRO SPECTACULARS, INC. Contract No. C24390
Display Agreement
1) THIS AGREEMENT, entered into this play of 20tLby and between PYRO SPECTACULARS, INC., a
California corporation hereinafter referred to as "PYRO" and
rite of Palm Desert hereinafter referred to as "PURCHASER.
2) PYRO agrees to fwmsh PURCHASER, in accordance with the terms and conditions hereinafter set forte,, ._.I.__ 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 November 22 .2005 at
Msriatt's Desert Snriagg Reiwrti.&lm 1)"CU fA
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 frriag 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 tees
as required by state and local stst,tes, ordosaaoes or reg laadons. 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 pride 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 paddam ("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, indudw& but not limited to grandstands and bleachers are safe for use by spectators; G) have sole ., , � . , %.7 . ' (ity for ertstuing
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 Padd Aura and police, mondw and I w, . ; w ",, Jy control the bebavW of persons in these arras. 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 erasure: I) Titer any Spectator or Parking Amens are outside the Display Area; and A
After completion of the Display, that the Display Area is cleared of any five firework debris originating from the program.
4) PURCHASER shall pay to PYRO the sum of THREE THOUSAND Dollars
(S 3,000.00 ). Full final payment of S3A00.00 and fire department fees approximated at S 14&00 mast be paid by
Novanaber 23. 2gQS. A finance charge at a periodic rate of 1.We per month, IV1* amrual 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.
S) 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, inchrding, 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. U 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) SO% if cancellation occurs within two (2) days
of the actual date set for the display, 3) 73% 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°Ye 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's logos.
(continued on reverse)
YYKU WECTACULARS, 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 n!yl , for the following risks and amounts: bodily injury
and property damage, including products liability ONE Ma.LION DOLLARS ($1,000,000) combined single limits. Such insurance
shall include PURCHASER as an additional insured regardigg 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 agnoement, including, without
limitation, those contained in Paragraph 3 of this A, - . , , B) Failure of the PURCHASER to provide discretionary Spectator and
Panting Areas referred to in Paragraph 3 of this A,&... �, — 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 tames or provisions of this Agreement, the prevailing parry 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 .d, . M. t, or is otherwise negligent in performing the fireworks display provided for herein,
PURCHASER stall, under no -.* , i„ 0II L L k rIL, be enfided to recover monetary damages firm PYRO beyond the amount PURCHASER
agreed to pay PYRO under this PURCHASER shall not, under any circumstances, be entitled to recover any consequential
damages from PYRO includin& without hunigabon, for lace of income, business or profits. Nothing in this paragraph shall be construed
as a modification or limitation on the . , j. , . , .. , coverages afforded to Pangrapb 9 above.
12) It is qpK nothing in thus Agwenat W or in PYRO's , . w , i of the dmpbW provided for herein, shell be construed as forming a
. i -.',,hip or joint venture between PURCHASER and PYRO. The parties herew shall be severalty responsible for their own separate
debts and obhp toms and neither party stall be held responsible for any agreements or obligations not eupesrly provided for herein.
13) This Agreement shall be governed and i . , , i t under the laws of the State of California. It is further agreed that the courts of the
State of California shall have exchaaive jutisdiction i o act judiatte any d qmW aril out of this eomrad or ,, ..nee of the display
provided for herein. It is further agreed that the Centel bdicial Diab ict of San Bernardino County, California, shall be proper venue for
any such action.
14) And Notice to the parties permitted or required under this k . ,. , , w , , may be given by mailing such Notice in the United States
Midi, pot W prepaid, fintt class, adduuI , I as foliows: PYRO - Pyro Sq, . , - i lair:, Inc., P. O. Box 2329, Rialto, California 92377.
PURCHASER - Ckv of fain Dm t; 73-5110 >Rr+e 1 Wming Drive. raise Deceit. CA 92260-2578 - November 22, 2005 -
Prn prm "A"
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 ASreement and agree to be band by said terns of written ASmement only.
16) if then is more than wx PURCHASER, they shall be jointly and severally responsible to perform FURCTAASEdt's obligations
under this a, , . w 6 L w L 1, 'Ibis Agreement shall become of active aibr it is executed smd accepted by PURCHASER and after is executed
10MEUX
at PYRO's offices in Rialto, California. Tbis Agreement may be executed in several counter parts, including copies,
e Ak-
of which shall be deemed as origimh utgaimat the party eraeoutigg same. This Agreement shall be bin ftnd their heirs, J. W6.-f l.rs, executors, admI1�m and sonigla. PURCHASER recognizes that the Gntmre of
ustry accepted level of 3%of tine product aced in amy diq*W may trot function as deaigeed w is acceptable as fell r . d 1 W ..
Tess Whereof the parties hereto, by and through their duly authorized agents, have set their hands and seals this _ day
' 20� X Initial Here
, Tide PRESIDENT • Purchaser Is responsible for payment of
JAMES k. ZA firm delmUnint pemtil and dandby fm,
PYRO SPECTACULARS, INC. if applicable.
• Purchaser to provide firing site,
PURCHASER , Tide communication, and security.
• Price firm through October 28, 2005.
• Price includes full electronic firing.
PRINT NAME Show Producer. Jeff Martin
PYRO SPECTACULARS, INC. Contract No. C24390
Display Agreement
1) THIS AGREEMENT, entered into thin day of 20QLby and between PYRO SPECTACULARS, INC., a
California corporation hereinafter referred to as "PYRO" and
rjV of Palm Desert hereinafter referred to as "PURCHASER.
2) PYRO agrees to furnish PURCHASER, in accordance with the terns 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 November 22 .2005 at
Msriatt's Dtosert Ser_U= Rezorrti P31m Demsrt CA
3) PURCHASER, at its own expense, agrees to provide to PYRO:
A) A suitable DISPLAY SrM 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 STIR. C) The services and cost of standby firemen and/or any applicable permit fees
as required by state and local statutes, ordbmumes or replationa. 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 insured
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 grandsW& and bleachers arc safe for use by spectators; G) have sole responsibility for ensudng
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 � ; r , � i , . , 'g . � ,Iy control the behavior of pensonns 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: 1) That any Spectator or Parking Areas are outside the Display Area; and n
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 THREE THOUSAND Dollars
($3.000.00 ). Full final payment of S3A00.00 and fire department fees approximated at $ 149.00 must be paid by
Nov 3, 2005. A finance charge at a periodic rate of 1.5% per month, I&% 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 a,,, w . , authorizes PYRO to receive and verify financial information , , ; . 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 time before the
display. It shall be within PYRO's sole discretion to determine whether or not the display may be safety discharged on the scheduled
date and at the scheduled time. If; for any reason beyond PYRO's control, inckxft 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 throe (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'/o 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's 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 ng_yl , for the following risks and amounts: bodily injury
and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such in rance
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 A,�, .,. - .:,, �; 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 parry 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 inchrdigg, without limitation, for loss of income, business or profits. Nothing in this paragraph shad 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
w , , , I:..— hip or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate
debts and obligations sod neither party shall be held . -,M . nsible 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 ansigg out of this contract or performanoe of the display
provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper verve 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
Maul, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P. O. Box 2329, Rialto, California 92371.
PURCHASER _ City of Pi Desert: 73-510 Fred Wads& DKi +e. Palm Desert. CA 92260-2578 - November 22, 2005 -
Pn p its "A"
15) All teams 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
his agreement This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is
t0 at PYRO's offices in Rialto, California This A&-... � . � maybe executed in several counter parts, including faxed
e of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the
L;u%pon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of of
ustry accepted level of 3% of the product used in any display may not function as designed and this
is acceptable as full performance.
WSI.
the parties hereto, by and through their duly authorized agents, have set their hands and seals this day
20&. X Initial Here
PRESIDENT • Purchaser is responsible for payment of
Title fire deparbrierit permit and standby fees,
SOU
PYRO SPECTACULARS, INC. if applicable.
• Purchaser io provide firing site,
Title communication, and security.
PURCHASER • Price Arm through October 28, 2005.
• Price includes full electronic firing.
Show Producer. Jeff Martin
PRINT NAME