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Home My WebLink AboutC27710 2008 Independence Day Fireworks DisplayREQUEST: CITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT X�b APPROVAL OF PYRO-SPECTACULAR'S FIREWORKS DISPLAY CONTRACT NO. C 27710 FOR 2008 INDEPENDENCE DAY CELEBRATION DATE: April 10, 2008 CONTENTS: Proposed Contract by Pyro-Spectaculars by Souza RECOMMENDATION: By Minute Motion, approve Contract No. C 27710 in the amount of $35,148.00 ($7,500 of which will be paid by the City of Rancho Mirage) with Pyro-Spectaculars by Souza for professional staff and pyrotechnic supplies and services for the annual Independence Day Celebration scheduled to be held on July 4, 2008. EXECUTIVE SUMMARY: Each year the City of Palm Desert produces an Independence Day Celebration, which features a free concert and fireworks display. Approval of the proposed contract will provide funding for subject pyrotechnic displays. BACKGROUND: Each year, the City of Palm Desert produces an Independence Day Celebration allow the community to come together and celebrate our country's freedoms. A 20-minute pyrotechnic display is held at the conclusion of the concert. The City of Rancho Mirage has committed to assist with funding of this event in the amount of $7,500, which is specifically earmarked by that Council towards the pyrotechnic display. Funds have been budgeted in Account No. 110-4416- 414-3061 to cover fees associated with the production of this pyrotechnic activity and staff recommends that the City Council approve this request and authorize the Mayor to execute the contract. L:�c-/'LJ PATRICIA SCULL CFEE NYOR MANAGE E. T ANALYST SHEILA R. GILLIGAN / ACM/COMMUNITY SE,F'/ICES CARLOS L. ORTEA CITY MANAGER /e4-04 AUL GIBSON DIRECTOR OF FINANCE/ CITY TREASURER Nancy J. Friedman Public Relations Activity Report March — April 2008 Page 2 In preparation for Earth Day, the Agency pitched eco-friendly stories and expert interviews to more than 10 media outlets, including NBC's Today Show, The New York Times, Reuters, Associated Press, USA Today, BrandWeek, Good Morning America, and 60 Minutes. Coverage highlights include the Marriott's spa being featured as one of the hottest new spas in the world in Conde Naste Traveler's annual "Hot List" issue; mentions in both the Los Angeles Times and New York Post; and postings on several popular travel websites, among others. Submitted By: %lit Kristy Knthiding (J Marketing Manager Approval' Carlos L. Orte City Manage Sheila R. Gilligan Assistant City Manager :;ITY COUNCIL ACTION: APPROVED DENIED iEtECEIVED Fifer OTHER itlEETING AYES: NOES: N' r ABSENT: None ABSTAIN: N ane VERIFIED BY: . U .Fri. ' L Ire Original on File with --City Clerk's Office. Contract No. C27710 PYRO SPECTACULARS, INC. Display Agreement l) THIS AGREEMENT,entered into this day of 20Q�,�by and between PYRO SPECTACULARS,INC.,a California corporation hereinafter referred to as"PYRO"and Citv of Palm Desert hereinafter referred to as"PURCF�ASER. . 2) PYRO agrees to furnish PURCHASER,in accordance with the terms and conditions hereinafrer 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 Julv 4 ,2008 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 proteciion, 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 requiremenGs 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 PURCNASER shall: E)Ensure that the Spectator Area does not infringe on the Display Area; F)Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon,including,but not limited to grandstands and bleachers are safe for use by spectators;G)have sole responsibility for ensuring that the Parking Area is safe for use; H)Have sole responsibility to police,monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police,monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that PYRO,(including its operators and helpers)shall not inspect,police,monitor or otherwise supervise any area of the site other than the Display Area,except to ensure: I)That any Spectator or Parking Areas are outside the Display Area;and J) Aftcr 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 FIVE THOUSAND------------------------------------ Dollars ($ 35�000.00 ). A deposit of$ 17,500.00 and fire department fees approadmated at$ 148.00 must be paid by Aaril 3,2008. 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 entiry. 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 postponemeni. 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) 50%if cancellation occurs 30 to 90 days prior to the scheduled date of the display,2)75% if cancellation occurs 15 to 29 days prior to the date set for the display,3) 100%if cancellation occurs 14 or fewer days prior to the date set for the display.If cancellation occurs 30 days or more 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 tunited 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 onlv, 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 damagc arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not inctude 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 Abreement. PURCFIASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising trom A)and B)of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agrecment, the prevailing party shall be entided to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 1 1) In the event PYRO breaches this agreement,or is otherwise negligent in performing the fireworks display provided fon c�rein, 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 respon�ible for any agreements or obligations not expressly provided for hercin. 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 arisinb out of this contract or performance of thc display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County,California,shall be proper venue for anv such action. 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United Siates Mail,postage prepaid, first class,addressed as follows: PYRO- Pyro Spectaculars, Inc., P.O. Box 2329, Rialto,California 92377. PURCHASER- Citv of Palm Desert: 73-510 Fred Warin�Drive, Palm Desert.CA 92260—.Iulv 4,2008- Proeram"A" 15) All terms of this Agreement arc 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 oniy. 16) IC there is more than one PURCHASER,thcy shall be joindy and severally responsible to perform YURCHASER's obligations under this agreement. This Agreement shall become etfective after it is executed and accepted by PURCHASER and after it is executed by PYRO at 1'YRO'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. [n Witness Whereof the parties hereto,by and through their duly authorized agents,have set their hands and seals this day of ( , 20Q�. X Initial Here , � � � ,Titie �'RESIDENT • Purchaser is responsible for payment of � JAMES R. SOUZA fire department permit and standby fees, PYRO SPECTACULARS, INC. if applicable. • Purchaser to provide firing site, ,"1'itle communication,and security. PURCHASER • Price firm through April 3,2008. • Price includes full electronic firing. Show Producer: Jcf('�1artin PRINT NAME �' �t F �'y� � � � '�+�� 5�r��`�� r �� }� �,�� ,��'��,5y��,,�� i��' �{+� }� �� .� � ':ti � ��I� *"�,�� `�'� • �.� ��k� . � ,s�: '� �.�� .� . �o. *.' , � ,y��'�. �IF� �� '� .� �,*��y, � � �r. � � , � �r� ,�1�' :b. �� *' �� F+ ��+� �j + ` '`� `� �'�,1� .°��,_ �':'�. ��y�`��,�► ��. ,� � � �� ;� ��.��-�.�-.��-��. ��:��'�:�` '� � � � � ,�� -� �'�� "',a;-�:,�:,�� '�� '' �" •� ��_� '�� •-;*�k1�::�q,=• �,=�M,,�'�!,�,�, ��x�'' >'• � I� . �� `� � �,ti.�� . _��=�� "_�-.��-� � � � .� � + y ��\�tix;+ ' �~� f+��' ��,�'��' . � � � � � ��. , � 3..s = . � . �' ' �� -� �,�„��:-�-¢. �=- ,. � . ��.`•��;�� '�� *�b+�+'`"}�� , i� -� {}�'�* ,-,��5 � �}*� r��e�q� � � .� ` .� . �"�� ;��- �� }'�� } �� f�.y �� {�;�� +�' � �7 �� r' t �}� - �! '�� }� '� +�. +• ` �• ` + 4 �� r�� :��{ �if� -.'•� . � �.'�'� �, � .�%.-��_ /,I�}�� ' �� { � � ` f ��.f .�T•.i.*� �� . � +N'+ � !#r � � � �}�4�� *�;L+ �f ��I� ' ��' . } -'� �� • _ � } �� ff.� { �' ,�� ,f y w„• f�'f}, r . � � . ' �� J' 1• �� 1� I i r� � � >'=� , l�� !� � - F � �� 2 5� �� . � � y . k f � � � � " � { ' ' - I I '� - • �' ,,. � i � ' } �� '+' � �' i . � _ tE* . ' + F + _ � r� ' +4 ' r� _ . � � R ��. — �� , � � I � ��r � � � � � � �� - 1 , � � ] , - � ,N � � " ' .� � , �� * + �1�, � '� y �� r ...�__ _ 1 � � # * � � 't : � I � } � � + + ~ �'1''� �' � 4 � � F �� r7 . � � . Y� � � �� ;�J .�� _ ��,+� � � .=-� � ��.��;' f a t ,�•�� , �'S�f��i � _ �' . _.-.—.��"� ��r f �_ �� r� . * ��44�.i �� + � � � ��" �� T � °'� . �� _ � � �� .� { �- �� _��' � �. ''. � •�► ��• �, � � . . �� ' , �,� ,,,� ,�� ,�� * ��:� y ;. , � �f ��, � � f � �;� �i � �� ' `� _�'ri T��^`- _ ��,�'r�.��!��`��;-#��'�L�� ,. �� , Pyro Spec#aculars by Souza ry, ..�� March 3, �oos PQ Box 2329, Rialto, CA 92377 - _�� Phone: 909.355-8120 _'�� City of Palm Deser-t Fax: 909.355.9813 ' �at scu��y www,PyroSpec�aculars.com �'�� 73-510 Fred Waring Drive � �- -_ � �� Palm Desert, CA 92260 _ �� . � ,��;�j Dear Ms. Scully, �� Thank you for the apportunity to submit our pyrotechnic proposal for your July 4, 2008 -:.�._� �� freworks dispfay. We are honored to highlight yaur e�ent with a Pyro Sp�ctaculars, '��,� Inc. �reworks extravaganza, celebrating America's Birthday and Independence. A�ery �� "� sincere efFort has gone into the enclosed proposal which outlines your custom }•�—� �. � designed shaw in detail. �ti��7� -. �� We are proposing our special Sky ConcertTM Program"A" in the amount of$35,OD0.00. �f��*�`� Your display is sch�duled far 9:Oa p.m. a�d will be approximately 2d minutes in "'��`� duration. �ur �lan is to use the winning combination of our products, people ar�d -� � � �� production capabi�ities to produce the best fireworks entertainrr�ent package possihle. .�� This program price inc�udes the services of a licensed pyrotechnic operator, an ��'*,.'.'� electror�ic firing system, show choreography and design, insurance coverage, sales tax .�� and delivery. We will process the necessary #ire department permit application. The - � � City of Paim Desert w�ll be responsible for provisions for securi�jr, and payment of the �� Palm Desert Fire Department permit fee of appraximateEy $148.00, and standby -� � ,� firemen fees, if any. The Fire aepartment may bill you dir�ctly for any standby fees, � ��. � Enclosed you wilf �nd a Product Synapsis, Display Checklist and Display Agreements � for signature and initialing. Please have one copy of this fully execuked agreement � returned to our office by April 3, 2008 along with yaur deposit. �' �� Please take the time ta review this proposal in detail. If yau wish to make any changes � in your program or need more information, please call either rriyself or your Customer � Service Representati�e Cindy Allie at{909} 355-812� ext. 231. � Sincerely, �.� , �_�-r �"`��-'�� PYRO SPECTACULARS,INC. ��;� � �� Jeff Martin � � Regional Sa[es Manager � JM/mb Enclasures ! � � 1, '� ` Page 2 �._. _ � � � � � � '�� . - y � � �� , � ` � .l�" - ' � � � �� ,� 1, � � � •�� '� �' �'`�� `'A �. i � � � �� .. . � 1� �'��`�� . . -� � �� " � � �� }r �• � � , ', F {=- _z ��`�� '��'/��:,��.��*�� ,�:�� ` f��t! � � .r-�� _��f ��1�1J�#� I - - �� I�JJ�7111�' �l'��7 �� .�� J��J � 1� �" � ��;� ��`�c�i}�� ;?�S�'1j'"�' � r �� ..�.��. �''r+�r r��1�i �4; _ =�.� �'f�,,�! �� +f[��,f -�� 1'r'+J�ffy'J��i�+J�J .�rt ��'�s'� �� E7�#11�"I� b�s�.r��#ior� Qu�rttx��r ' ��'�» --- -�.�� ♦ 3" Sky Concert Opening Salutes 50 _� _ �� Total �f �3��nirtg �0 ^�._�� Nla�n Body - �4er�a1 �hel l� Y ��'� C3�s�r�p�ion �uant�ty �� ♦ 4" Sky Concert Selections 160 �� ♦ 5" Sky Concert Selec�ions 105 _ , ' �� ♦ S" Sky Concert Selections 93 -.�� ♦ 8" Sky Concert Selections 8 �� Tot�� vf fUl��r� ��dy - Ae�i�l �h��ls �� - - - � Pyro�ech�� Devices }r.�� '�' D�scrf�tior� Quant��E � �- ..� �-_ ��_ � • ♦ 3" Souza Finale Multishot De�ice 125 Shots � � � �ot�l a# Pyr�te�h�ic �evic�s 'I�� ,� ��ar�d �ir��l� � Des�r�p�ior� Qk�antitl� � �� ♦ 3" Sky Concert Finale Shells 180 � ♦ 4" Sky Concert Finale Shells 90 �� T'o4a� v# �raiid �inafe� �70 � �� ra�nd Tota� 81'I �� I � i � � � I� '� 'J�., ' Page 3 r�— I � '� ��1 � � � R *�� FI �� !. �' � �� . � . � . � � � -�� .�ti � � � ,. �-- ; .�' , . �' � � . � � #�.Y v-� x 1 �� '�,�� f {�''f � r - ' • � �� .f��,�� . � ��.� � ��,� � . -. -� � � �� ,�� :��` � � �� '�� • �� ... ��"' _ �,'=�� .�.r��._ f� � �� / � , ,�� , :- - ��f� ��`I'11��-�C'�lJ�� fa�� I _ ��.�� F-� � ��• '�• �,,�.;��;�.: . ��,�''` �� '��{•'-. . . ��.�:, , ,� ,•w � �� i. ` ry ' {y�' S�F< i!�'+„ r�� _ �S-��I:.i" �' �}� `� � , __ � � ;� ��', 1' ��I 41 ' � F� .r� I' �� J { , ��i� '� i r' �+;� � � �., � �, �, ..,� �� .�� -:�� ,� ,��, r��i'� � i �'. 1 �'� ',�� 1 , `, , '1� �� '� � �� " ,��F, , `+ yI�r . ', I t�fl� 7'-;;, �' � '� ' _ � - -�.� . �� y�� .11�� ,��r��,��r�� "�� i�� J � ❑ Return cont�act by April 3, 20Q8. - -�� o ', �� ❑ Send 5Q/o deposit and applieable fre department permit fees by •� . �� April 3, 2008. �� ❑ Send balance af payment to arrive by July 7, 20Q8. _�,�` � �� . ❑ Provide suifiable firing site, pay necessary deposits and fees in � , �+ accordance w�th al� applicable laws. � a Provide adequate security as �equired by local �re authorit�. � � � ❑ Provide two-way communication to the pyrotechnician from ��_ �LL �� command center to firing site{s). � ❑ Provide Sound and Playback System. � r � � � i t� - �' � � ��'� ��.�',"��1f'C� �i�_��G�v� �+D...' ��. - �v} Q Pro�ide a Professional Fuii Service fireworks productian. � � , �}�S Q Provide fireworks general liability insurance and hazardous material transportation insurance m the amounts of $1 million and $5 mil�ian respectively, a� well as workers eompensa#ion co�erage for � � � � pyrotechnicians. - � C�J Apply for all necessary federal, state, and locak �reworks d�splay - permits and licenses. � � a �� '•' � Provide a licensed pyratechnic operator and crew. ; : , � Provide all necessary pyrotechnic equipment. Page 4 .. I �� '. � i}, � � � � � �•� � I �. �f � � ; � ! � ,+�� `� � . � � � # �,. � • � � �� • . � � �, �. � - - � �'� � � ��r ; . �q. � ,�� +�'�'�� J �. � '�� . � � � �� _ � � � � �� '} � , `� - �� -. � ��. _�i��fs�� f�� 1 I _� ��'�� r��r11r��i�r�r _. �.� �YJ. ��1�1.r��,1%�I?��lr� �r- � - -�-.: : �,.. �A � � _ � �J`r Y � � ; ��'.{t• 4' ' � � �� +�{.f i��}.!!��'� _ �iy�� r' +SJ. z� ', �� . ` �� #��+f .'r.'��yl.x��*��w ��` �� 1�f' ',v��.' ��'k�'� �� .+ � "�h'� :�.�k ° �':� �~•�IS'�ti:_-�. C��'� �+ •#x;� -.t`' ��'y' w� r ��:. ,5 � � k {IG��`�'r t',.,�I �'� 5.��. 7�'al� i�'�;, '�•��• '��t.., i T �F .� �� _��."� .�. � t� _ sy� _ +�� II �Y �� 'S.-�� ` �S� { �� __ ��# �'�'.�� Y,�� 1 � �' ='�'� � � ��''. � �' � �� " �.� � �� =�,� ' �� - -: � e sincerely thank The City of Palm D�sert for allowing us - --� �" o make this presentation. .,� �� .� �� sincere effor� t�as one into re arin this ra vsa�. We � ,� ,� 9 P P 9 P P . ,�'� are eager to hear your comments and answrer any quest�ons - �' you may ha�e. �_ �� e are confident that after your camplete re�iew of our �� Edeas and performance capabi�ities you will se[ect Pyro - � Spectaculars by Souza as your#ireworks company. � �� .��"�►i? � Regionaf Safes Manager I , � �.�`� } ., ' Page 5 .�..�