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HomeMy WebLinkAboutC26250A & B 2007 Independence Day Fireworks and Concertxm CITY OF PALM DESERT Community Services Division Staff Report REQUEST: REQUEST FOR APPROVAL OF PYROSPECTACULARS BY SOUZA FIREWORKS DISPLAY CONTRACTS (NO. C 26250A and C 26250B ) FOR 2007 INDEPENDENCE DAY CELEBRATION AND FINAL SUMMER OF FUN CONCERT SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst DATE: February 22, 2007 CONTENTS: Proposed Contracts with Pyrospectaculars by Souza RECOMMENDATION: By Minute Motion: 1) Approve Contract No. C26250A 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, 2007; 2) approve Contract No. C 26250B 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 30, 2007; 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, 2007, and at the final "Summer of Fun" concert scheduled to be held on August 30, 2007. BACKGROUND: The 2007 "Summer of Fun" is scheduled to begin on May 24, 2007. 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 CITY COUNCIL STAFF REPORT FEBRUARY 22, 2007 RE: REQUEST FOR APPROVAL OF PYROSPECTACULARS BY SOUZA FIREWORKS DISPLAY CONTRACTS FOR INDEPENDENCE DAY CELEBRATION AND FINAL SUMMER OF FUN CONCERT committed to assist with funding of this event in the amount of $7,500, which is earmarked toward the pyrotechnic display. The final "Summer of Fun" concert, which is scheduled to be held on August 30, 2007, 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, CFEE SENIOR MANAGEMENT ANAIAT )SHEILA R. GILLIGAN PAUL S. GIBSON FINANCE DIRECTOR/CITY TREASURER CARLOS L. ORT ACM/COMMUNITY SERVICES CITY MANAGE PS:mpg CITY COUNCIL ACTION: DENIED APPROVED OTHER RECEIVED MEETING DATE v'?- a 2-01 . AYES : leri O \, Fer�L1son, raw-1 cl j Kelly NOES: NO ABSENT: ij©ne. ABSTAIN: McA- VERIFIED BY: Original on File with GLty Clerk's Office 2 ..,�` ��� � '�"'�,#►��j�m�#���'w' �"4�d�r*• '��'k'��,l,���\.,,�r h ��� �p =' � , T� � �, � �� �d � •:;�'^y�'�!'��'��`����\i*�k�"��,�����' _�����il/ '�r ` ,�, � , � ������-, � � �. �(���r,�,�*y�►,.,�r����..�',\�'�.�����'t.�. �`:, � ���. � r'� . � .� � �� �,����. � �. �� � � � �.w� � � r �j��� � _..� �g�,�����,,.. e� �� �,. �'� ��� ��� ��."�n `+' � \.'��'„�1M.�;'�,,f� �1 � � � � � ffib� i+��� "� `� �.. '�s` + ti �+��. �� '°t�+� ar�+y'�e°t�'�a" � � r/�� .. _ • , � �- +_ , - � ,�. � `�.-- �w �-�. �"� +. 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' • � ''�� . �_��'''�. .,� ,, l ., �� '""+�';1►%� �.,,,�'�'�`'�',�'��'"' . � � � # �' �'� � ,��-s`,,�' �='�",�'`!r► � `� �.� ,�t�l�., �{������,� �{�dr"�" ���_ ' � ` Pyro Spectaculars by Souza � ..+�.��. February 2, 2007 PO Box 2329, Rialto, CA 92377 �� Phone: 909.355-8120 � � � .. . ���.: Fax: 909.355.9813 �� � City of Palm Desert W�y,pyroSpectaculars.com Pat Scully "'���,,a 73-510 Fred Waring Drive ""` ' � Palm Desert, CA. 92260-2578 ,.,���� . � - �" Dear Ms. Scully, ��-�� Thank you for the opportunity to submit our pyrotechnic proposal for your]uly 4, 2007 ` _�� ` " "� fireworks display. We are honored to highlight your event with a Pyro Spectaculars by �"'"�� Souza fireworks extravaganza, celebrating America's Birthday and Independence. A �„� very sincere effort has gone into the enclosed proposal which outlines your custom ,,��� designed show in detail. 4 �-� ,� 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 choreography and design, insurance coverage, sales tax � and delivery. We will process the necessary fire department permit application. The �,�— .� � City of Palm Desert will be responsible for provisions for securiry, and payment of the �,.� � Palm Desert Fire Department permit fee 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 the fully executed agreement *`� returned to our office by March 23, 2007. Your deposit and any applicable fire �� department permit fees will be due on April 3, 2007. � 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) 355-8120 ext. 231. �C� SincerelY, �� PYRO SPECTACULARS,INC. �� Jeff Martin � � � y Regional Sales Manager i JM/mm -. Enclosures � + Ii, _ ��� Page 2 . .�. .. — � � � � � . t7���� . � � � � � n �;�,, � '�' , �.., ., ��'�,� ' , � , ��`� � ',. . _: ,� t �► � � ��`�. k.,'�`_ � ,�,� �`J��� __ w �'��,��`�```s � �: �t � +r��, � .�,. ��, ,. � 4 ��� r�1��11���,� �'��. �"�*�'�'��'�:��.�'��". ��, �� �,�t��,_ �► � � " .`` �- ��`E�dEi'C't S��'flt�p'Sr,��i . "n�� �: �r�t��hnic P�iro/�ss/ 4� _�,,.� , _ .� C��j� af PS/m t������ . �� �F*��;�'ram .4 � � — -` � ��ry ac��.c�v � �� � � � _ a - .- , ��'������� Opening � � Description Quantity - �„� ♦ 3" Sky Concert Opening Salutes 30 .r.. �� �"��"' Total of Opening 30 � Main Body - Aerial Shells �� Description Quantity ���� � � 160 � ♦ 4" Sky Concert Selections � --�- - - 105 �_ � ♦ 5" Sky Concert Selections r �� ♦ 6" Sky Concert Selections 93 ."�.... 8 , � `"'� ♦ 8" Sky Concert Selections .:� � Total of Main Body - Aerial Shells 366 ,�--d�''� Grand Finale �" Description Quantity .�►� ♦ 3" Sky Concert Bombardment Shells 75 ""�= 90 � ♦ 3" Sky Concert Finale Shells �� ''� ♦ 4" Sky Concert Finale Shells 90 �_�� �,,� Total of Grand Finale 255 ''� Grand Total 651 � � �. � ���� � ��"''.��► � � � � � � � � �� ���� J , . Page 3 .._ ___. � # � ` � �� � �, � , �, � � = � �. , � , �. .� . . . , ! � ` � . �;�r� ;>� � �� � . � �, �' �,�, �t��`•�� . � �.��.,��� �. .:_-r" , � ..� �. . �. ��, , _. ...... ''�k . '°"� . �. � � � � ��r/ ;��'�"' �i►_.��"�'`i,���'a��. .� ''"`-"�Y �����1� _ ¢ -t��r."� ..��!�'�,tis�.��.i�.. �#• ` - �' � �. .�. Disp ay �/�eck/i�� � �� ��. ;w�. �� - � d , �w�, :� ,� . g �r..�.,,,�,� � ;;:�.��w��� � ; �� ., , � � `,��'�����"� �`�� :�` �✓ � �� � �. �:� �� � ���'s �! �� �r � ' � _ ��� ��_�� c� � _ ;. �� .� �{ �, � �� �:,�� ,� �3� .. , �; m :.. � �,��� � � ..mH . . ��' I _.,�,. ` �n ''` City of Pa/m De�er[�A�gre�.s to: ��`"'��� ❑ Return contract by March 23, 2047. ��� ��' � a Send 50% deposit and applicable fire de�artment permit fees by .,�r,` �,�„ . Apri I 3, 2047. � � ❑ Send balance of payment to arrive by.luiy 5, 4007. _ "_� � '��,.. ..,� ❑ Provide suital�le firing site, pay necessary deposits and fe�s in accordance ��� with all applicable laws. �..�� t�:_ ��; w ❑ Provide adequate securiry as required by local fire authoriry. -t��..' `����--�� ❑ Provide two-way communication to the pyrotechnician from command '�� ,�� center to firing site(s). �• ❑ Provide Sound and Playback System. ��,,,�, Py�i'� ��ecta�ufars Ag�'� �`a: i . � ���r„� Q Provide a Professional Full Service fireworks produetion. """� 0 Provide fireworks general liabiliry insurance and hazardous material N� transportation insurance in the amounts of �1 million and �5 million respectively, as well as workers eompensation coverage for � # pyrotechnicians. � j sa federal state and loeal fireworks display permits Q Apply for all neces ry , , � and licenses. I � � �%`� 0 Provide a lieensed pyrotechnic Qperator and crew. . � 0 Provide all necessary pyrotechnic equipment. Page 4 ,_ � .'. �K..4 .. � � � �� a �� � � �� 9 � -' _'� � �. ..� . �� ... ... .. ,.. . .. .. . " . . �,� �.. ..� . . ,..., � ..— � ;� ���1�� ��� .� , � � ��� .�. � � . .� � ,.." 't � � ,��,� f� �;�#'�',� �` �� .� , � �/ �''�'��,'�'��,� � w. �► ,� "`,,,��' � 4 ' � � � ;� ,r 4���'���T,���'��;t�i�.��'`�.���,�'�`'�"ar.4,::""'�.�!;�."�►.. .r� � . � c�n�/usion � ' � ����. ��� d� �'Qmmitmenf �,'�.�, �� • �!� . : � �•�;. _ _-�'�;��r'�.,, `�;..�<i. ....«.� ��.,�rt ,d0.`r��+ � H , � ~�� '�'� 9 "' }` . � � !� 4 i{�l�r y��Fi � �r i � j��r��t`M . � ��Ii,;)��,'i�ji �—.. r �h � :� �� �.,,......�..� , s'!"'�, � I "��'�� 4 ��' ' �� ' .� '� � � , �', �� �11'�" 1F'' , ��� t"�., ��� � `` :�.�� ,""!�.....�, � �� e sincerely thank the Ciry of Palm Desert for allowing us to make ' ,, ., � � � this presentation. ��� � ;.� � �,/�. sincere effort has gone into preparing this praposal. We are �� � �� eager to hear yaur comments and answer any questions you may � have. _-�..� �.� ��-.-.... e are confident that after your complete review of our ideas and performance capabilities yau will select Pyro Spectaculars by —.�. Souza as your fireworks company. �� � ti`��-�► � �e�f M��t�c�c. I � ; ���o�,q� sc�Ces n�rawa�e�- � � i i i �, '�' Page 5 . ,,__ .— PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGRE�ME\T"1�,entered into this day of 2007 , by and between I'YRO SPF.CTACULARS, INC., a C'alifornia co�poration hereinafter referred to as"PYRO"and Clty of Palm DeSePt hercinafter referred ro as"PliRCHASER. 2) PYRO agrees to furnish PL'RCHASER, in accordance with the terms and conditions hereinafter set forth, I fireworks display as per Progra►n A , submitted,accepted and made part hereof, including the services of a licensed pyrotechnic operator to take charge of and, along with sufCcient helpers, safely discharge the display. 1'he said display is scheduled to be performed on Julv 4 , 2007 at Colle�e of the Desert; Palm Desert� CA 3) YIJRCHASER, at its own expense,agrees to provide to PYRO: A) A suitablc DISPI,AY SITT;in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO in �ti�hich the fireworks and fire�vork debris may be exhibited,rise and fall safely. Q) Adequate policing,guard protection, roping, fencing anci/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by YYRO into the DISPLAY SITE. C) The services and cost of standby Cremen and/or an,y applicable permit fees as required b�•state and local statutes,ordinances or regulations. D)Access by PYRO, at all times, to the DISPLAY SI'rE to set up the display. If PURCHASER fails to fully comply with requirements A,B, C and/or D set forth above, I'YRO shall have no obligation to perform and PURCI�ASER 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 infrinbe on the Uisplay Area; F) Ha��e sole responsibiliry for ensuring that the terrain of the Spectator Area and any stn�ctures 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 saCe 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 a�reed that PYRO,(including its operators and helpers)shall not inspect,police,monitor or otherwise supervise any area of the site odier 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 dehris originating from the program. 4) Pl?RCHASF.R shall pay to PYRO the sum of THIRTY THOUSAND ----------------------------------------------nollars ($ 30.000.00 )• A deposit of� 15 0,� and Gre department fees approximated at$ 148.00 must bc paid b�• Aprit 3, 2007. Full final pa}•ment is due the first regular business day after the date set for the displa��. 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 signi�ig this agreement, authorizes PYRO to recei��e and verify financial inforniation concerning PURCHASER from any person or entity. 5) F'URCHASER 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 PURCIIASER 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. Pt!RCHASF.R further agrecs to pay PYRO for any additional expenses made necessary by this postponement. If thcy are unable to agree on a ne��display date, PYKO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date sct for the display,as provided in the following paragraph. G) I'URCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this optiou, PURCHASF,R agrees to pay to PYRO, as liquidated damages, the following percentages of the abreed contract price. 1) 25°�� if cancellation three(3)or more days prior to the scheduled day of the display, 2) 50`% if cancellation occurs�vithin two(2)days of the actual date set for the display,3) 7S'%, if cancellation occw-s 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 I'YRO in addition to the above percentages, the��alue associated �vith any specific custom���ork perfornied by PYRO or its agents includiiig but not liinited to music/narratio�i tape production and;'or sponsors logos. (continued on re�•erse) PYRO SPECTACULARS, INC. Display Agreement 7) In the event PiJRCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's damages. The faregoing represents a reasonable estimate of the damages PYRO�;�ill suffer if PURCIiASER cancels the display. 8) PYKO reserves the ownership rights and trade names that are used in or are a product of the pyrotechtiic display to be perforn�ed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibitcd. 9) PYRO agrees to furnish insurance coverage in connection with the Display onlv, for the following risks and amounts: bodily injury and property damage, including products liability ONE MII.LI01�' 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 arisic�g from the operations of PYRO in performing the Uisplay 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, ro perform its obligations under this agreement, including, w�ithout limitation, those contained in Paragraph 3 of this Agreement; Ii) Hailure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASEK shall indemnify and hold Pl'RO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A) and B)of this Paragraph. 10) Ir any legal action is brought to enforce or interpret the terms or pro��isions 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 e��ent PYRO breaches this agreemcnt,or is otherw�ise negligent in perforniing the fireworks display provided for herein, PURCIIAS�R shall,under no circumstances,be entitled to recover monetary damages from PYRO beyond the amount PURCHASFR agreed ro pay PYRO under this Agree►nent. PURCHASER shall not,under any circumstances,be entitled to recover any consequential damages from PYRO including,without limitation, for loss of income,business or pro�ts. 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 Agrecment or in PYRO's performance of the display provided for herein, shall be construed as forming a partnership or joint venture bctwcen PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate dcbts and obligations and ncither party shall be held responsible fot•any agreements or obligations not expressly provided for herein. 13) "l�his Agreement shall be governed and interpreted under the la���s of the State of California. It is further agreed that the courts of the State of(;alifornia shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. [t is further agrced that the Central Judicial District of San Bernardino County,California,shall be proper��enue fur any sucli action. 14) Any I�otice to the parties permitted or required under this Agreement may be gi��en by mailing such Notice in the United States I��1ail, postage prepaid, lirst class,addressed as follows: PYRO-Pyro Spectaculars, Inc.,P. O. Box 2329, Rialto,California 92377. PIJRCfiASLR- Citv of Palm Desert: 73-510 Fred Warin�Dr., Palm Desert,CA 92260-2578-Jul��4,2007-Pro�ram"A" 15) All terms of this Agrecment are in �+�riting and may only be modificd by written agreement of both pariics hereto. Both parties acknowledge thcy have received a copy of said w�ritten Agreement and agree to be bound by said terms of written Agreement only. 1 G) If there is more than one PURCHASER, thcy 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 PYIZO's offices in Rialto,California. This Agreetnent 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. PIJRCHASER recognizes that because of the nature of iireworks, an industry accepted le��el 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 V�'itness �'Vhcrcof the parties hereto, by and tluough their duly authorized agents, have set their hands and scals this day °f�� , 20°7. X I►titial Here � � , Title PRES[DF,NI' • Purchaser is responsible for payment of ' JAME:S R. �IA fire department permit and standby fees, � PYRO SYECTACULAKS, INC. if applicable. I�� • Purchaser to provide firing site, ,Titic communication,and security. Pl'KCH��SLR • Price firm through March 23,2007. • Price includes full electronic firing. Show Producer:Jeff Martin PRIIv1�tiAME SPECTACULARS Fire�rorks;1►ribnssndors tu the{1'orld James R.Souza President February 2, 2007 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 30, 2007 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. The 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 March 23, 2007 . Your deposit and applicable fire department fees will be due on Apri13, 2007. If you have any questions or need additional information, please feel free to contact me. We look forward to working with you. Regards, PYRO.SPECTACULARS, INC. C���� Jeff Martin Regional Sales Manager JM/mm Enclosures P.O.Box 2329 • Rialto,Ca.92377 • Phone:909-874-1644 or 888-477-PYRO • Fax:909-355-9813 ��` S F i� ���� ���� �ity ofP�i� Qes�` �ro�ramA ��,UIOI�.�IO Pyrotechnic Devices Description Quantitv ♦ Sousa Bouquets Custom Multishot Device 215 Shots ♦ Sousa Platinum Line - Multishot Device 168 Shots ♦ Sousa Diamond Line - Multishot Device 240 Shots ♦ 1.75" Blue Comets 10 ♦ 1.75" Blue Mine 10 ♦ 1.75" Green Comets 10 ♦ 1.75" Green Mine 10 ♦ 1.75" Microstar Crackle Mine 6 ♦ 1.75" Red Comets 10 ♦ 1.75" Red Mine 10 ♦ 1.75" Silver Tail Comets 24 Total of Pyrotechnic Devices 713 Custom Manufactured Special Pyrotechnic Effects Description Quantity ♦ Saxon 15 Sec Gold Glitter 4 Total of Custom Manufactured Special 4 Grand Total 717 • • Dls a ec lst p Y City of Pa/m Desert Agrees to; ❑ Return contract by March 23, 2007. ❑Send 50% deposit and applicable fire department permit fees to arrive by April 3, 2007. ❑Send balance of payment to arrive by August 31, 2007. ❑ Provide suitable firing site. ❑ Provide security. ❑ Provide two-way communication to the pyrotechnician. Pyro Spectacu/ars 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. �IApply for all federal, state, and local fireworks display permits and licenses as required by law. �Provide a licensed pyrotechnic operator and crew. �Provide all necessary pyrotechnic equipment. PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGRI;EMENT, entered into this day of 2007 by and betw�een PYRO SPEC"CACIII,ARS, INC.,a California corporatiosi hcreinafter referred to as"PYRO" and CitY of Palm Desert hereinafter referred to as"PURCHASE3Z. 2 j PYRO agrees to furnish PURCIIASER, in accordance with the terms and conditions hereinafter set forth, � 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. Thc said display is sc}ieduled to be performed on AUgUSt 30 ,2007 at Palm Desert Civic Center Park; Palm Desert��'A 3) I'URCHASER, at its o«�n cxpense, agrees to provide to PYRO: A) A suitable I�ISI'LAY SITE in which to stage the firew�orks display, including a firing and fallout•r_one reasonably acceptable to }'YRO in which the fireworks and firework debris may be exhibited,rise and fall safely. B) Adequate policing,guard protection, roping, fencing andior 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 tiremen and/or an3�applicable permit fees as required by�state and local statutes,ordinances or regulations. D)Access by PYRO,at all times,to the DISPLAY SiT� to set up the display. If PURCHASER fails to fully comply with requirements A,B,C andlor D set forth abovc, 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: Ej Gnsure that the Spectator Area does nc�t infi inge on the Display�1rea; F) Ha��e 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,(includinb its operators and helpers)shall not inspect,police,monitor or otherw�ise supen�ise 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 complecion of the Display,that the Display Area is cleared of any live firework debris originating from the program. 4} 1'URC1iASER sliall pay to PYRO the sum of SIX THOUSAND -----------------------------------------------------v���ars ($ 6,000.00 ). A deposit of$�,QOO.On and firc department fees approximated at$ 14 00 must be paid b�� April 3,2007. Full final payment is due the first regular business da��after the date set for thc displa��. A finance charge at a periodic rate of 1.5`%� per month, 18%annual percentage rate,or the maximum rate permitted by law,��hiche��er is less,«,�ill 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��erify financial information concerning PUKCHASER from any person or entity. 5) PURCHAS�R agrces 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 ofi any event for which YURCHASER has purchased the display,or���hich 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 YYRO's sole discretion to determine��hether 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���hich 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. PIJRCIiASER further agrecs to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a ne�; display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PLJRCIIASER had cancelled the display on the datc set for the display,as provided in the following paragraph. 6) I'[JKCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If YURCHASER exercises this option, PURCFIASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. 1) 2S°/, if cancellation three(3)or inore days prior to the scheduled day of the display, 2) 50'%,if ca�icellation 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) ]00%thereafter. [f canccllation occurs prior to the date set for the display, PURCIIASER agrecs to pay PYRU in addition ro the abovc percentages,the ��alue associated���ith any specific custom work performed by PYRO or its a�ents including but not limited to music/narration tape productioci ancilor sponsors logos. (continucd on reverse) PYRO SPECTACULARS, INC. � � Display Agreement 7) In the event Pt!RCIiASF.R cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's damages. The foregoing represents a reasonable cstimate of the damagcs PYKO will suffer if PURCI�ASER cancels the display. 8) 1'YRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. �1ny reproduction by sound,��ideo or other duplication or recording process without the express written permission of PYRO is prohibited. 9) PYRn agrees to furnish insurance coverage in connection with the Uisplay onlv, for the following risks and amounts: bodily injury and property damage, including products liability ONE MILLION UO1.,LARS($1,000,000)combined single limits. Such insurance shall include 1'iJKCHASFR as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Uisplay provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made aeainst PURC:HASER for bodily injury or property damage arising from A) Failure of YURCHASEK, including through or by its employees, agcnts and./or independent contractors,to perform its obligations under this agreement, including, witl►out limitation, those contained in Paragraph 3 of this Agreement; [3)Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURC'HASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or properry damage arising from A)and E3)of this Paragraph. 10) lf any]egal action is brought to enforce or interpret the terms or provisions of this Agreement, [he pre��ailing party shall be entitled to reasonable attorney fecs and costs in addition to any other relief to which they may be entitled. 11) In the c��ent PYRO brcaches this agreement,or is otherwise negligent in performing the fireworks display provided for herein, PURCfIASER shall,under no circumstances,be entitled to reco��er monetary damages from PYRO beyond the amount PURCHAS�R agreed to pay PYRO under this Agreement. YiJRCHASER shall not,under any circumstances,be entiUed 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 venturc between PURCHASF,R and PYRO. The parties hereto shall be severally responsible for their o���n 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 inte�preted under the laws of the State of California. It is further agrced that the courts of the State of California shal]havr exclusi��e jurisdiction to adjudi�ate any disputes arising out of this contract or performance of the display provided for hercin. It is fiuther agreed that die Central Judicial District of San Bernardino County,California, shall be proper��enue for anv such action. 14) Any Notice ro the parties perinitted or required under this Agreement may be given by mailing such i�lotice in the United States Mail,postage prepaid, �rst class, addressed as follo�vs: PYRO- Pyro Spectaculars, Inc., P. O. f3ox 2329, Rialto,California 92377. PLJRCHASER- Citv of Palm llesert: 73-510 Fred Warin� Ur.,Palm llesert,CA 922G0-2578-August 30,2007-Proeram"A" ]S) All tenns of�this Agreement are in��-riting and may only be modi�ed by written agreement of both pai-ties hcreto. I3oth parties ackno�;ledge they ha��e received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 1 G) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCI IAS�R's obligations under this agreernent. This Agreement shall become eftective after it is executed and accepted by YURCHASER and after it is executed by PYRO at PYRO's offices in Rialto,California. 1'his Agreement may be executed in several counter parts, including faxed copies, each one of w�hich shall be decmed 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 VVimess Whereof ttic partics ttereto,by and through their duly authorized agents,have set their hands and seals this day �r ,,zoo�. X I�titinl Here � � �l� ,"I'itle �'�ESIDEN"1� • Purchaser is responsible for payment of JA�91:. R. SOU�A fire department permit and standby fees, Y1'RO SP[:CT:�Ci;I.AK , INC. if applicable. • Purchaser to provide firing site, . �1'itle communication,and security. PI.;RCHASER • Price firm through March 23,2007. • Price includes full electronic firing. Show Producer: JeFf Martin PRINT NA'vtE