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HomeMy WebLinkAboutC24930A and B Fireworks Displayy� L CITY OF PALM DESERT Community Services Division Staff Report REQUEST: REQUEST FOR APPROVAL OF PYROSPECTACULARS BY SOUZA FIREWORKS DISPLAY CONTRACTS (NO. C 24930-A and C 24930-B ) FOR INDEPENDENCE DAY CELEBRATION AND FINAL SUMMER OF FUN CONCERT SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst DATE: February 23, 2006 CONTENTS: Proposed Contract with Pyrospectaculars by Souza RECOMMENDATION: By Minute Motion: 1) Approve Contract No. C24930-A in the amount of $30,148 ($7,500 of which will be paid by the City of Rancho Mirage) with Pyrospectaculars by Souza for professional staff and pyrotechnic supplies and services for the annual Independence Day celebration scheduled to be held on July 4, 2006; 2) approve Contract No. C 24930-B in the amount of $6,148 with Pyrospectaculars by Souza for professional staff and pyrotechnic supplies and services for use at the final "Summer of Fun" concert scheduled to be held on August 31, 2006; 3) authorize the Mayor to execute same. EXECUTIVE SUMMARY: Each year the City of Palm Desert produces a "Summer of Fun" series as well as an Independence Day celebration, which features free concerts and movies for the community. Approval of the proposed contracts will provide funding for pyrotechnic displays on July 4, 2006, and at the final "Summer of Fun" concert scheduled to be held on August 31, 2006. BACKGROUND: The 2006 "Summer of Fun" is scheduled to begin on June 1, 2006. Each year, in conjunction with the City's "Summer of Fun" series, an Independence Day celebration is produced to allow the community come together to celebrate our country's freedoms. A 20-minute pyrotechnic display is held at the conclusion of the July 4th concert. The City of Rancho Mirage has committed to assist with funding of this event in the amount of $7,500, which is earmarked CITY COUNCIL STAFF REPORT FEBRUARY 23, 2006 RE: REQUEST FOR APPROVAL OF PYROSPECTACULARS BY SOUZA FIREWORKS DISPLAY CONTRACTS FOR INDEPENDENCE DAY CELEBRATION AND FINAL SUMMER OF FUN CONCERT toward the pyrotechnic display. In that the cost of doing business has increased over the years, Palm Desert's vendor for such displays has been forced to increase its fees, beginning with 2006; therefore, an increase in funding for the pyrotechnic display is being requested. The final "Summer of Fun" concert, which is scheduled to be held on August 31, 2006, with a performance by the Redlands Symphony Orchestra, traditionally concludes with a five-minute pyrotechnic display. The attached agreement will allow staff to contract for production of this activity. Funds have been budgeted in Account #110-4416-414-3061 to cover fees associated with the production of these two pyrotechnic activities, and staff recommends that the City Council approve this request and authorize the Mayor to execute the contracts. PATRICIA SCULLY, CF SENQfOR MA MEN ANALYST SHEILA R. tt LIGAN PAUL S. GIBSON FINANCE DIRECTOR/CITY TREASURER CARLOS L. ORTAGA ACM/COMMUNITY SE ES CITY MANAGER PS:mpg 2 0, Ll MW ens ay 2006 I[91IJIf1f. February 3, 2006 City of Palm Desert Pat Scully 73-510 Fred Waring Drive 07M Palm Desert, CA 92260-2578 Dear Ms. Scully, 71F1VIIIIII Pyro Spectaculars by Souza PO Box 2329, Rialto, CA 92377 Phone: 909.874.1644 Fax: 909.355.9813 www.PyroSpectaculars.com ® Thank you for the opportunity to submit our pyrotechnic proposal for your July 4, 2006 fireworks display. We are honored to highlight your event with a Pyro Spectaculars by Souza fireworks extravaganza entitled, "Spirit of America", celebrating America's Birthday and Independence. 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 _ $30,000.00. Your display is scheduled for 9:00 p.m. and will be approximately 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 choregraphy 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 Palm Desert Fire Department permit fee of approximately $148.00, and/or standby firemen fees, if any. The Fire Department 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 10, 2006. Your deposit will be due on April 3, 2006. 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 call either myself or your Customer Service Representative Cindy Allie at (909) 874-1644 ext. 31. • Sincerely, PYR SPE UL4RS, INC. _ Jeff ( art' Regional Sales Manager JM/nc Enclosures Page 2 •VA 10, MOTTIrl A;Tt71t;1►14IIII; Proposal outline for City of Palm Desert • Product Synopsis • Display Checklist • Company Profile • Types of Fireworks • Marquee Event Photos • Marquee Achievements • Conclusion and Commitment • Other Available Options • Display Agreement Holiday Bowl 2003- Qualcomm Stadium - San Diego Page 3 i � � Toro iriTi�1 M07111110 Product Synapsis Pyroteemic Proposal city ®f Palm Desert ® Program A Opening Description Quantity ® ♦ 3" Sky Concert Opening Salutes 30 Total of Opening 30 Main Body - Aerial Shells Description Quantity _ ♦ 4" Sky Concert Selections 190 ♦ 5" Sky Concert Selections 105 ♦ 6" Sky Concert Selections 93 ♦ 8" Sky Concert Selections 8 ® Total of Main Body - Aerial Shells 396 Grand Finale Description Quantitv ♦ 3" Sky Concert Bombardment Shells 75 ♦ 3" Sky Concert Finale Shells 90 ♦ 4" Sky Concert Finale Shells 60 ® Total of Grand Finale 225 Grand Total 651 Wfto • as • Page 4 4W • 140 • npnd*",-'pnrp I)i #it Dissy Checklist 0 City of lb t.- ❑ Return contract by March 10, 2006. ❑ Send 50% deposit and applicable fire department permit fees by April 3, 2006. ❑ Send balance of payment to arrive by July 5, 2006. ❑ 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). Pyro Spectaaff&sAgevs t ti Q Provide a Professional Full Service fireworks production. 011. B 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. a Apply for all necessary federal, state, and local fireworks display permits and licenses. Q Provide a licensed pyrotechnic operator and crew. Q Provide all necessary pyrotechnic equipment. Page 5 IF1►111111i Mobdk 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 MM qft C_7 testimony to the thousands of satisfied Pyro Spectaculars customers. We provide a complete I of services from Stage Flash Pots to 36" Aerial Shells. From Nights at the Hollywood Bowl Homecoming Queens to Presidential Inaugurations- Pyro Spectaculars by Souza is the World's Premier Pyrotechnic Production Company! -World's Premier Theme Park Supplier -4,000 Annual Theme Park Shows -500 Annual Independence Day Shows -5,000 Varieties of pyrotechnic effects -2,000 Seasonal Pyrotechnicians and -World's Largest Public Display Company Crew -Pioneered Electronic Firing to Music -75 Full Time Employees -Highest Industry Safety Record & Standards •Innovators of close proximity -America's Largest Pyrotechnic Production pyrotechnics Company -13 countries of featured pyrotechnics -6 "Global Pyrotechnic Network" Facilities Industry Associations and Committees • -American Pyrotechnics Association -California Fire Prevention Officers Association -National Fire Protection Association -California Fireworks Advisory Committee -California Fire Chiefs Association b Industry Members -Western Fairs Association -Lighting Dimensions International -International Festivals and Events -International Association of Amusement Parks Association and Attractions -International Special Events Society Page 6 _ =r r AV w� fir~ r co 0 >1 Y 4 � \� t" J r �, len en (e.,.Day 006, "ell ffldjLIxVi- 4b i��•��i�iT7]It1►1I1111; Al�rrqeeee Achle�ee�e� MAJOR EVENTS INTERNATIONAL 2004 Summer Olympics - Athens, First Place - Hamburg International Greece Fireworks Festival- Hamburg, Germany 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 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 New Year's Eve at The Space Needle 50th Anniversary - Liberation of - Seattle, WA South Korea -South Korea Macy*s Fourth of July - New York City Centennial Celebration - Liberation of the Philippines- Philippines 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 100th Birthday of the Statue of Liberty - New York Harbor Inauguration of President Ronald Reagan- Washington, DC Over 500 Fourth of Tuly Shows Performed Annually 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 9 qb L=7 • Ll e • � • � ��3iTt�IFi►111III� Aderquee AWe�egfAwiomwisgr THEME PARKS SPORTS Disneyland - Anaheim, CA NFL Super Bowls - XVII, XVIII, XIX, XX, XXVII, XXX, XXXI, XXXII, XXXV, Walt Disney World & Epcot - XXXVII, XXXVIII Orlando, FL World Cup Soccer -Opening and Knott's Berry Farm - Buena Park, CA Closing Ceremonies Six Flags Theme Parks -Nationwide Anaheim Angels World Series Championship Celebration Batman Stunt Shows L.A. Galaxy - Major League Soccer Knott's Camp Snoopy at Mall of America - Minneapolis, MN Major League Baseball: A's, Angels, Astros, Brewers, Dodgers, Giants, Universal Studios - Burbank, CA Mariners 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 MLB All Star Games and Galas: Oakland, San Francisco & Seattle Minor League Baseball: Sacramento River Cats, Fresno Grizzlies, Modesto A's, Lancaster Jet Hawks, Rancho Cucamonga Quakes, Inland Empire 66'ers, High Desert Mavericks, Visalia Oaks, Bakersfield Blaze 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 10 • 440 qft tar C cc y CL #� rJc iRiT7]It17111110, CONCIUSiM & CMAI"t We sincerely thank City of Palm Desert for allowing us to make this presentation. Asincere effort has gone into preparing this proposal. We are eager to hear your comments and answer any questions you may have. We are confident that after your complete review of our ideas and performance capabilities you will select Pyro Spectaculars by Souza as your fireworks company. je mar tin Regioptal Sales m,?na_ger Page 11 440 w L` Qb • Other Available Options confetti Take your show or special event and %^ N _ y make it even more special. Confetti creates and heightens excitement. We supply the special events and 1:•;.jj���•4;Y �` . 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... Super Bowl XXXV Page 12 Victoria Gardens Cultural Center Groundbreaking PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGREEMENT, entered into this &y of 20QL 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, 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 July 4 , 2006 at College of the Desert; 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 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 Thirty Thousand -------------_------------ _---------- _--- _____--_____--_--_---Dollars ($ 30,000.00 ). A deposit of $ 15.000-00 _ and fire department fees approximated at $ 148.00 must be paid by April 3, 2006. 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) 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. CA 92660-2578 - Juiv 4.2006 - Program "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 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. day of ' 20&. Y Initial Here 2A, m"11 Title PRESIDENT • Purchaser is responsible for payment of DAMES R. OUZA" fire department permit and standby fees, PYRO SPECTACULARS, INC. if applicable. • Purchaser to provide firing site, Title communication, and security. PURCHASER • Price firm through March 10, 2006. • Price includes full electronic firing. Show Producer: Jeff Martin PRINT NAME )rks Ambassadors to the World James R. Souza President February 3, 2006 City of Palm Desert Pat Scully 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Dear Ms. Scully, Pyro Spectaculars is pleased to provide our pyrotechnic products and services for your August 31, 2006 fireworks display. We are proposing our full service Program "A" in the amount of $6,000.00. This program price includes full electronic firing, a licensed pyrotechnician, permit application, insurance coverage, sales tax and delivery. City of Palm Desert will be responsible for provision of security, payment of the Palm Desert Fire Department permit fees of approximately $148.00, and standby firemen fees, if any. The fire department 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 April 4, 2006 along with your deposit and applicable fire department fees. If you have any questions or need additional information, please feel free to contact me. We look forward to working with you. Regards, t PI'RO SPECTACULARS, C eff arti onal a Manager JM/nc Enclosures !O. Box 2329 • Rialto, CA 92377 • Phone: (909) 874-1644 or (888) 477-PYRO • Fax: (909) 355-9813 Pyrotechnic Devices Description Quantity ♦ Sousa Bouquets Custom Multishot Device 237 Shots ♦ Sousa Platinum Line - Multishot Device 100 Shots ♦ Sousa Diamond Line - Multishot Device 360 Shots ♦ 1.75" Blue Comets 10 ♦ 1.75" Blue Mine 10 ♦ 1.75" Crackle Mine 6 ♦ 1.75" Green Comets 10 ♦ 1.75" Green Mine 10 ♦ 1.75" Red Comets 10 ♦ 1.75" Red Mine 10 ♦ 1.75" Silver Tail Comets 24 Total of Pyrotechnic Devices 787 Custom Brightwork and Set Pieces Description Quantity ♦ 24" Gold Glitter Saxon 4 Total of Custom Brightwork and Set Pieces 4 Grand Total 791 Display Checklist City of Palm Desert Agrees to: U Return contract by April 4, 2006. Send 50% deposit and applicable fire department permit fees to arrive by April 4, 2006. ❑ Send balance of payment to arrive by September 1, 2006. ❑ Provide suitable firing site. ❑ Provide security. . U Provide two-way communication to the pyrotechnician. Pyro spectaculars Agrees to: Manufacture, 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. 16Apply for all federal, state, and local fireworks display permits and licenses as required by law. IAProvide a licensed pyrotechnic operator and crew. OProvide all necessary pyrotechnic equipment. PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGREEMENT, entered into thiF day of 20QL by and between PYRO SPECTACULARS, INC., a California corporation hereinafter refdrred 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, 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 August 31 , 2006 at Palm Desert Civic Center Park Outdoor Amphitheater ; 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 fining 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 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 Six Thousand vollars ($ 63,000.00 )• A deposit of $� 000.00 _ and fire department fees approximated at $ 148.00 must be paid by April 4, 2006, 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) 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. CA 92260-2578 - August 31.2006 - Program tA" 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 ' day of ' 20 X Initial Here Title PRESIDENT • Purchaser is responsible for payment of 7 ES A fire department permit and standby fees, PYRO SPECTACULARS, INC. if applicable. • Purchaser to provide firing site, PURCHASER ,Title communication, and security. • Price firm through April 4, 2006. • Price includes full electronic firing. PRINT NAME Show Producer. Jeff Martin