HomeMy WebLinkAboutC33380A-B - 2014 Indpndnc Day CelebrationCity of Palm Desert
Contract No. C33380A
February 20, 2014
City of Palm Desert
Frankie Riddle
73-510 Fred Waring Drive
Palm Desert, CA 92260
Dear Ms. Riddle,
Pyro Spectaculars, Inc. is happy to provide your pyrotechnic proposal for your
July 4, 2014 event. The following proposal outlines your custom designed
Sky ConcertTM Program "A" for the amount of $36,000.00. Your display is
scheduled for 9:00 p.m. and will be approximately 20 minutes in duration.
Our full service Sky ConcertTM includes the services of a licensed pyrotechnic
operator, an electronic firing system, custom show choreography and design,
insurance coverage, sales tax and delivery. We will apply for all the necessary fire
department and other fireworks related permit applications. Our winning
combination of products, people and production capabilities help produce the best
fireworks entertainment package possible.
The City of Palm Desert will be responsible for payment of the Palm Desert Fire
Department permit fee and/or standby firemen fees, if any. The Fire Department
may bill you directly for any standby fees for inspections. The City of Palm Desert
will also be responsible for providing the display location and all necessary security
for the display site.
Enclosed you will find a Product Synopsis, Production Agreements for signature and
Scope of Work. Please have one copy of this fully executed agreement returned to
our office by April 4, 2014 along with your deposit.
Please take the time to review this proposal in detail. If you wish to discuss 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.
Sincerely,
PYRO SPECTACULARS, INC,
Jeff Martin
Sales Manager
JM/ar
Enclosures
Pyro Spectaculars, Inc.
P.O. Box 2329 • Rialto, CA 92377 • Phone: (909) 355-8120 or (888) 477-PYRO • Fax: (909) 355-9813
Proposal Outline for
City of Palm Desert
Product Synopsis
The Souza Touch"'
The World of Pyro Spectaculars, Inc. at your Service
Commitment from the President
Production Agreement and Scope of Work
Macy's New York Fourth of July Fireworks
Product Synopsis • Pyrotechnic Proposal
City of Palm Desert
PROGRAM A — July 4, 2014
$36,000.00
Opening
Description Quantity
• 3" Sky Concert Opening Salutes 25
Total of Opening 25
Main Body - Aerial Shells
Description Quantity.
• 4" Sky Concert Selections 160
• 5" Sky Concert Selections 105
• 6" Sky Concert Selections 95
• 8" Sky Concert Selections 10
Total of Main Body - Aerial Shells 370
Grand Finale
Description Quantity
• 3" Sky Concert Bombardment Shells 30
• 3" Sky Concert Finale Shells 180
• 4" Sky Concert Finale Shells 90
Total of Grand Finale 300
Grand Total 695
PYRO Pyro Spectaculars by Souza presents
The 15t Annorersary of The Golden Gate Bridge
Korea
International
Fireworks
Festival
Statue of liberty 125t° Anniversary
"Lights on the
Lake"
lake Tahoe
Montreal fireworks Festival
AmericaFest at the Rose Bowl
Mocy's
"Golden
Mile"
Hong Kong Chinese New Year
Golden Gate Bridge 751° Anniversary
Korea International Fireworks Festivol
City of Palm Desert
The World of Pyro Spectaculars at your Service!
Permits/Licensing
Products
Services
Specialization/Insurance
Facilities/Storage
Operations
Training
The Deal (Sales)
Transportation
Pyrotechnic
Operator/Crew
The Show Results
Sponsor
CITY OF PALM DESERT
SPECIAL PROGRAMS DEPARTMENT � '
STAFF REPORT
REQUEST: Approval of the Performing Arts Contract and Pyro Spectaculars
Fireworks Display Contract in conjunction with Palm Desert's 2014
Independence Day Celebration
SUBMITTED BY: Amy Lawrence, Administrative Secretary
DATE: March 13, 2014
CONTENTS: Pyro Spectaculars Agreement
Swing Cats Big Band Agreement
Recommendation
By Minute Motion:
1. Approve Contract No. c3338oa with Pyro Spectaculars by Souza in the
amount of $36,000, for professional staff, and pyrotechnic supplies and
services for Palm Desert's 2014 Independence Day Celebration;
2. Approve Contract No.c333soB with Swing Cats Big Band in the
amount of $3,650, to provide instrumental and vocal entertainment for Palm
Desert's 2014 Independence Day Celebration;
3. Authorize City Manager to approve expenditure with Studio Instrument
Rentals (SIR) of Palm Springs for concert professional staff, instrumental
equipment, sound, and/or lighting in conjunction with the concert;
4. Preapproval of line item for FY 2014/15 budget for this event; and
5. Authorize the Mayor to sign subject contracts.
Funds are available in Account No. 110-4416-414-3061.
Discussion
Each year the City of Palm Desert invites the community to celebrate our Country's
freedom through production of an Independence Day Celebration. As part of the
festivities for this event, "Swing Cats Big Band" will provide live instrumental and vocal
entertainment. In addition, a 20-minute pyrotechnic display by Pyro Spectaculars will be
held at the conclusion of the concert. In anticipation of this event, funds have been
accounted for within the FY 2014/2015 Budget.
Contract N0. C3�380A-B
STAFF REPORT
2014 INDEPENDENCE DAY CELEBRATION
MARCH 13, 2014
PAGE 2
Staff recommends that City Council approve contracts with Pyro Spectaculars by Souza
and Swing Cats Big Band, and authorize the Mayor to execute subject contracts.
Additionally, staff requests that City Council authorize the City Manager to approve
expenditure with Studio Instrument Rentals (SIR) of Palm Springs for sound and lighting
services in conjunction with the concert.
Fiscal Analvsis
Funding for this event was included as part of the FY 2014/2015 Budget; therefore,
there will be no additional impact to the General Fund, as funds are available in Account
N o. 110-4416-414-3061.
Submitted By:
/��ih.CQ.
Amy a rence
Adm 'strative Secretary
Frankie Rid le
Director of S 'al Programs
CITY COLJNCIL ACTION
aul S. Gibson APPROVED ✓ nrN�rn
Director of Finance REC��vru s�'ct�rtZ __
MF.ETING DATF. �-"/?,- =�C-'� _
AYF,S: ' , � �, f
Approval: NpFs:i�;�n�.
AI3SCNT: ti0il�. �
AI3STAIN: �� ____
VCRIF[ED BY: r� '
Original on File with City Cicrk s Office
J M. Wohlmuth
Manager
Our Commitment to
City of Palm Desert
� __ -____ ---- ---- _ _ _ _ _ . _ ___ _____ _-----_ _ ,
FROM THE DESK OF
a �� �
E PRES(DENT AND GEO
f om so proud that my children and my grondchildren have decided to continue ihe �
Souzo frreworks trvdition and have joined the family business that now spans five #
generarions...my father and my grandfather("Papagayo')would be so proud to see
, their vision of the Americvn dream come true for generations to come. I
—Bob Souza,Fourtder �
! At the heQrt of every Pyro Spectnculars by Souza show there is the �
! American heritage, and a California herituge as well. We are proud to be
a California Fireworks Show Productian company with resources that are
rooted in the Golden State and reuch literally around the world.
; For five generations the Souza Family, and the Pyro Spectaculars family �
have been committed to the highest standards of snfety, showmanship, �
c�nd satisfaction for each of our customers. Your audience expects the j
best from you... and I am pleased to offer my personal commitment to ;
ensure that they will be thrilled with your fireworks show... nnd that you �
' will never have to "worry" about any aspect of our business, professional, ,
� pyrotechnic, or performnnce relationship. �
i
j Along with the finest fireworks team in the industry, I pledge to you my
�
personcil support. Pyro Spectaculars is local,safe, cost-effective,
creative, resourceful... the right choice for your fireworks show.
� I am personally committed to ensuring thQt our local experience of
excellence for over one hundred years will give you the #inest show
! possible at any price. You deserve the "Pyro Spec Experience!"
� Thank you. We look forw4rd to serving you... with Pride!
�
� � R� �
Pyro Spectaculars,lnc. City of Palm Desert
P.O.Box 2329 Program A
Rialto,CA 92377 July 4,2014
Tel: 909-355-8120 ::::Fax:909-355-9813 Page 1 of4
PRODUCTION AGREEMENT
7'his agreement{"Agreement")is made this day of _ ,2014 by and between Pyro Spectaculars,Inc.,a Califomia
corporation,hereinafter referred to as("PYRO"},and City of Paim Uesert,hereinafter referred to as("CLIENT"). PYRO and CLIENT are sometimes refetted to
as"Pariy"or collectively as"Parties"herein.
1. Eneaeement-CLIENT hereby engages PYRO to provide to CLIENT one fireworks production("Ptoduction"),and PYRO accepts such engagement
upon all of the promises,terms and c�ditions hereinafter set forth.The Production shall be substantially as outlined in Program"A",attached hereto and
incorporatcd hercin by this referenc:e.
11 PYRO Duties—PYRO shatl provide all pyrotcchnic equipment,trained pyrotechnicians,shipping,pyrotechnic products,application for
specific pyrotechnie permits(the cost of which,including standby fees,shall be paid by CLIENT)relating to the Production,insurance covering lhe
Production and the other things on its part to be perf�nned as more specifically set Eorth below in this Agreement and in the Scope of Work("Scope of
Work"),attached heretq incorporated herein by this referenc;e,and made a part of this Agreement as though set forth fully herein.
1.2 CLIEN7'Duties—CL1EN"I'shall provide to PYRO a suitable site("Site")for the Production,security for the Sile as set forth in Paragraph
6 hereof,access ro the Site,any permission necessary to utilize the Site for the Production,and the other things on its part to be perlormed as more
specifically set forth below in this Agreement and in the Scope of Work. All Site arra�igements are subject to PYRO's reasonable approval as to
pyroYechnic safety,suitability,and seeurity.All other cwndiYions of the Sice sliall be the responsibility of CLIENT,including,but noY limited to,access,
use,control,parking and general safety with respect to the public,CLIEt�IT personnel and other contractors.
2. Time and Plnce-The Production shall take place on Julv 4.201a,at approximately 4:00 p.m.,at Colle�e nf the Desert Baseball Field,Palm llesert,
CA,Site.
3. F'ees,Interest.and Exnenses-
3.1 Fee-CLIENT agrees to pay PYRO a fee of$36.000.00 USD(THIRTY 51X THOUSAND DOLLARS)("Fee")for the Production.
CI,IHNT shall pay to PYRO$18.000.00 USD�EIGHTEEN THOUSAND DOLLARS)of the Fee plus estimated permit and standby fees,specified production
costs,and other regulatory costs approximated at 0$ 0.00 OR an amount to be determined,for a tota3 of 1 000.00 as a deposit("DeposiP'}upon the execution
of this Agreement by both parties but no later than Aari14,2014. The balance of'the Fee shall be paid no later than July 7,2014, CLIENT authorizes PYRO to
receive and verify credit and financial information concerning Cl.f ENT from any agency,person or entity including but not limited to credit reporting agencies.
The"PR10E F1RM"date,the date by which the executed Agreement must be delivered to Pyro,is set for[h in paragrpph 20.
3.2 loteres -In the event that the Fee is not paid in a timely manner,CLIENT will be responsible for the payment of 1.5%interest per month
or l8%annually on the unpaid balance. If litigation arises out of this Agreement,the prevailing pariy shall be entitled to reasonable costs incurred in connec[ion
with the litigation,including,but not limited to attomeys'fees.
33 Exoenses—PYRO shall pay all nonnal expenses dicectly related ro the Production including freight,insurance as outlined,pyrotechnic
products,pyrotechnic equipment,experienced pyrotechnic personnei to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's
responsibility in the Scope of Work. C1,IENT shall pay all wsts related to the Production not supplied by PYRO including,but not limited to,those items
outlincd as CL.IFNT's responsibility in diis Agreement and Scope of Work.
4. Prourietary Riehts-YYRO represents and warrants that it owns alt copyriglits,including performance rights,to this Production,except that PYRO
dces not own CLIENT-owned material or third-party-owned material that has been included in the Production,and as to such CLIENT-owned and third-party-
owned material,CLIENT assumes futl responsibi{ity therefore. CLIENT agrees that PYRO shall retain ownership of,and all copyrights and other rights to,the
Production,except that PYRO shall not acquire or retain any ownership or other rights in or to CI.IENT-owned material and third-party-owned material and shall
not be responsible in any way for such material. If appticable,CLIENT consents to the use of CLIEN7'-owned material and represents that it has or will obtain
any permission from appropriate third parties sufficient[o authorize public exhibition of any such material in connection with this Production.PYRO reserves the
ownership rights in its hade names that are used in or are a product of the Production. Any reproduction by soimd,video or other duplication or recording process
without the express written permission af PYRO is prohibited.
5. Safety-PYRO and CLIENT shall each comply with applicable federal,state and local laws and regutations and employ safety programs and measures
consistent with reeognized applicable induslry standards and practices. At all times before and during the Production,it shall be within PYRO's sole discretion to
determine whether or not the Production may be safely discharged or continued. It shall not constihrte a breach of this Agreement by PYRO for fireworks to fail
or malfunction,or 1'or PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or ciroumstances affecting safety
beyond the reasonable control of PYRO.
6. Securi �-CLIENT shall provide adequate security personnel,barricades,and Police DepaRment sen+ices as may be necessary to preclude individuals
other than those authotized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Prodi�ction,including a
fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
controUing CLIENT's other contractors,providers or volunteers;the public;areas to which the public or contracrors have access;or any other public or contractor
facilities associated with the Production.
7. Cleanuu-PYRO shall be responsiblc for the removal otall equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary
by PYRO. CLfF,NT shall be responsible for any other clean up which may be required of the Production or set-up,discharge and fallout areas including any
environmental clean-up.
PS V 1-2e
Pyro Spectaculars,Inc. City oTPalm Desert
P.O.Box 2329 Program A
Rialto,CA 92377 July 4,2014
'I'el: 909-355-8120 :::: Fax: 909-355-9813 Page 2 of4
8, Permits-PYRO agrees to apply for permits for the firing of pyrotechnics only from the PAim llesert Fire Uepariment,FAA,and USCG,if requircd.
CLIENT shall be responsibte for any fees associated with these permits including sta�idby fees. CLIENT shall be responsible for obtaining any other necessary
permits,paying associated fees,a�id making other appropriate acrangements for Police Departments,other Fire Departments,road closures,evenUactivity or land
use permits or any permissio»or pem�it required by any Local,Regional,State or Federal GovemmenG
9. Insurance-PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with
PYKO's performance of this Agreement:(1}commercial general liabitity insurance,including products,completed operations,and contractual tiability under this
Agreement;(2)automobiie liability insurance,{3)workers'compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from
claims for bodily injury,including death,personal injury,and from claims of property damage,which may arise from PYRO's performance of this Agreement,
only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not inc)ude claims which arise from CLILNI"s
negligence or witlfu!conduct or from failure ofCL1ENT to pefi'ottn its obligations under this Agreement,coverage for which shap be provided by CL[ENT.
1'he coverage of these policies shall be subject to reasonable inspection by CLIGNT. Cert�cates of(nsurance evidencing ttie required general liabiliry eoverage
shall be fi�rnished to CLIENT prior to the rendering of services hereunder and shall include that the foilowing are named as additionalfy insured:CLIENT;
Sponsors,l.andowners,Barge Owners,if any;and Permitting Authorities,with respect to the operations of PYRO at the Production. Pyrotechnic subconVactors
or providers,if any,not covered under policies of insurance required hereby,shall secure,maintain and provide their own insurance covetage with respect to their
respective operations and services.
10. lndemnification-YYRU represents and wartants that it is capable of fumishing the necessary experience,personnel,equipment,materials,providers,
and expertise to produce the Production in a safe and professional manner. Noiwithstanding anything in this Agreement to the contrary,PYRO shatl indemnify,
ho[d ham�less,and defend CLfENT and the addi[ional insureds from and against any and all claims,actions,damages,Jiabilities and expenses,including but not
limited to,attorney and other professional fees and court costs,in connection with the loss of life,personal injury,and/�r damage to property,arising from or out
of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO,their ofticers,agents,conuactors,providers,or
employees. CLIENT shall indemnify,hold harmless,and defend PYRO from and against any and all claims,actions,damages,liability and expenses,including
but not limited ta,attorney and other professional fees and court costs in connection with the loss of life,personal injury,and/or damage to property,arising from
or out of the Nroduction and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT,its officers,agents,contracYors,
providers,or employees. In no eveat shall either party be liable far the consequential damages of the other party.
1 L Limitation of Damaees fur Ordinary 13reach-Except in the case of bodily injury and property damage as provided in the insurance and
indemniFication provisions of Paragraphs 9 and 10,above,in the event CLIENT daims that PYRO has breached this Agreement or was otherwise negl igent in
performing the Production provided for herein,CI.IENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount C[,IENT has
paid to PYRO under this Agreement,and shall not be entitled to c)aim or recover any consequential damages from PYRO including,without limitation,damages
for toss of income,business or profits.
12. Force Maieure-CLIENT agrees to assume the risks of weather,strike,civii unrest,terrorism,military action,govemmental action,and any other
causes beyond the control ofPYRO which may prevent the Production from being safely discharged on the scheduled date,which may cause the cancellation of
any event for which CLIENT has purchased the Production,or which may affect or damage such portion of the exhibits as must be placed and exposed a
necessary time before the Production. If,for any such reason,PYRO is not reasonably able to safely discharge the Production on the scheduled date,or at the
scheduled time,or should any event for which CL.IENT has purchased the Production be canceled as a result of such causes,CL{EN1'may(i)reschedule the
Production and nay PYRO such sums as provided in Paragraph 13,or(ii)cancel tfie Production and pay PYRO such sums as provided in Paragraph 14,based
upoo when the Production is canceled.
13. Rescheduline Of Event-If CLtEN'I'elects to reschedule the Production,PYRO shall be paid the original Fee plus all additional expenses made
necessary by rescheduling plus a I S%service fee on such additional expenses. Said expenses will be invoiced separately and payment wil!be due in full within 5
days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availabifity of permits,materials,equipment,transportation
and labor.The Production shall be reseheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be
rescheduled to a date,or for an event,that historically has involved fl fireworks production. 'I'he Production shalt not be rescheduled between June 15th and July
1 Sth unless the original date was July 4th of that same year,or between llecember 15th and January 15th unless the original date was December 31st of the earlier
year unless PYRO agrees that such rescheduling will not adversely affeet nonnal business operations during those periods.
l 4. Rieht To Cancel—CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this oplion,
CLIENT agrees to pay to PYRO,as liquidated damages,the fotlowing pereentages of the Fee as set forth in Paragraph 3.l. 1)SO%if canceilation occurs 30 to 90
days prior to the scheduled date,2)75%if cancellation occurs 15 to 29 days prior to the scheduled date,3)]00°/B ffiereafter. In the event CLIENT cancels the
Production,it will be impractical or extremely di�cult to fix actuai amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages
PYRO will suffer if CLIENT cancels the Production.
7 5. No Joint Venture-tt is agreed,nothing in this Agreement or in PYRO's performance of the Production shell be construed as forming a partnership or
joint venture between CLIENT'and PYRO, PYRO shall be and is an independent contractvr with CL[6NT and not an employee of CLIEN'T. 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
expressty provided for herein.
16. Applicable I.aw-This Agreement and the rights and obligations of the Parties hereuttder shall be construed ia accordance with the laws of California.
It is fiirther agreed that the Central ludicial District of San Bernardino County,California,shall be proper venue for any such action.In the event that the scope of
the Production is reduced by authorities having jurisdiction or by either Party for safety concerns,the full dollar amounts outlined in this Agreement are
enforceable.
17. Notices- My Notice to the Parties permitted or required under this Agreemeni 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,Catifomia,923�7,or for ovemight delivery to 3196 N.
Locust Avenue,Rialro,California 92377. CLIENT—City af Aalm t�sert:?3-S IU Pred Waring Drive.Palm Desert.CA 92260.
P5 V 1-2e
Pyro Spectaculars,Inc. City of Palm Desert
P,O.Box 2329 Program A
Rialto,CA 92377 July 4,2014
Tel: 909-355-8120::::Fax:909-355-9813 Page 3 of4
I 8. ModiCecatioo of Terms—All tertns of the Agreement are in writing aad may only be modi6ed by wrilten agreement of both Parties hereto. Both
Parties acknowledge they have received a copy ofsaid written Agreement and agree to be bound by said terms ofwritten Agreement only.
19. Severabiiitv—If there is more chan one CLIENT,they shall be jointly and severalty responsible to perform CLIENT's obligations under this
Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's
o�ces in Rialto,Califomia. This Agreement may be exeeuted in several counterparts,including faxed and emailed copies,each one of which shall be deemed an
original against the Party executing same. This Agreement shall be binding upon the Parties hereto aod upon their heirs,successors,execu[ors,administrators and
assigns.
20. Price Firm—tf any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLiENT and delivered to
PYRO on or before the PRICE�'IRM date shown below,then the price,date,and scope of the Produc.Kion are subject to review and acceptance by PYRO for a
period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO,PYRO shall give CLIENT written notice,and
this Agreement shall be void.
PRICE FIRM through Apri!4,2014
EXECUTEll AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions,paragraph 20,above.
EXECU 1'ED as of the date first wrilten above:
PYRO SPECTACULARS,INC. City of Palm Desert
� �
�y 'r �., -' ' }+ y _
: -- --- - __.____ . _._ s : .�-
trs: �����;�,� i�: ___ _. _ ___
Print Name
SHOW PRODUCER:Jeff Martin
YS V 1-2e
Pyro Spectacutars,Inc. City of Palm Desert
P.O.Box 2329 Program A
Riatto,CA 92377 July 4,2014
Tel:909-355-8120 ::::Fax:909-355-9813 Page 4 of 4
SCUPE OF WORK
PYRO SPECTACULARS,INC.("PYRO")
' and
City of Palm Desert{°�CLIENT")
Pyro shall provide the following goods and services to CLIENT:
• One Pyro Spectacutars, Inc., Pro�uction o_n July 4, �0�4, at a��roximately 9:40 u.r�. �t Co�i�Qe of the I�esert Baseball
Field,Palm Desert,CA.
• All pyrotechnic equipment,trained pyrotechnicians,shipping,and pyrotechnic product.
• Application for specific pyrotechnic permits relating to the Production.
• Musical soundtrack for the Production supplied in agreed upon format.
• Insurance covering the Production as set forth in the Agreement with the following limits:
Insurance Re�uitemen�s Limits
Commercial General Liability $1,000,000.00 Combined Single Limit-Each Occurrence
(Bodily Injury&Property Damage)
Business Auto I,iabilitv- $5,000,000.00 Combined Single Limit-Each Occurrence
Owned.Non-Owned and Hired Autos (Bodily Injury&Property Damage}
Workers'Compensation Statutory
Employer Liabilitv $1,OOQ,000 Per Occurrence
CLIENT shall provide to PYRO the following goods and services:
• All on-site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union
requirements, all Site security, Police and Fire Dept. standby personnet,stagehands, electricians, audio and fire control monitors,
carpenters,plumbers,clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility
of CLIENT.
• Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold
authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole.
• Provision of a Safety Zone in aecordance with applicable standards and all reyuirements of the authorities having jurisdiction
throughout the entire time that the pyrotechnics are at the Site or the load site(if different)on the date of the Production and all
set-up and load-out dates,including water security to keep unauthorized people,boats,etc.from entering the Safety Zone.
• A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio
engineers for operation based on audio and communications requirements provided by PYRO_
. General Services including,but not limited to,Site and audience security,fencing,adequate work light,dumpster
accessibility,a secure office for PYRO personnel within the venue,secure parking for PYRO vehicles,access to washrooms,
tents,equipment storage,hazmat storage,electrical power,fire suppression equipment,access to worksites,necessary
credentialing,etc.,will be required as necessary.
PS V 1-2e
Contract No. C33380B
PERFORMING ARTS AGREEMENT
This Agreement is entered into this 13th day of March, by and between the
CITY OF PALM DESERT, a California municipal corporation, hereinafter referred to
as "CITY," and Swinq Cats Biq Band, hereinafter referred to as "ARTIST."
RECITALS:
1. The CITY owns and operates the Palm Desert Hahn Amphitheater, an
outdoor amphitheater located in the Palm Desert Civic Center (hereinafter
"THEATER").
2. The CITY desires to engage the ARTIST to render a live perFormance at
the THEATER of the nature set forth in Exhibit A attached hereto and incorporated
herein by this reference (hereinafter "PERFORMANCE").
3. The CITY desires the ARTIST to render PERFORMANCE on the dates
and times described in Exhibit B attached hereto and incorporated herein by this
reference.
4. The ARTIST is willing and able to render the PERFORMANCE on the
desired dates and times in exchange for compensation by the CITY in the amount
and on the payment schedule set forth in Exhibit C attached hereto and incorporated
herein by this reference.
TERMS AND CONDITIONS:
In consideration of the foregoing recitals, the parties hereto agree as follows:
1. Performance
The ARTIST agrees to render the PERFORMANCE to the best of its abilities on
the dates and times prescribed by Exhibit B attached hereto. The ARTIST shall not
perform under the influence of alcohol or any unlawful narcotic, nor shall the ARTIST
1
Contract No.
engage in behavior during the PERFORMANCE that would be considered racist,
sexist, obscene, or otherwise offensive by reasonable audience members attending
the PERFORMANCE. ARTIST� s failure to perform in accordance with this Section
shall be deemed material breach of this Agreement.
�. Liqhtinq. Sound Amplification and Other �quipment
The THEATER�s physical dimensions, built-in lighting and sound equipment,
electrical system, and other technical specifications are described on Exhibit D,
attached hereto and incorporated herein by this reference. ARTIST shall be
responsible for providing, erecting, operating and dismantling, at its own expense,
any additional equipment not described in Exhibit D that is necessary to properly
effectuate the PERFORMANCE, including any props and stage sets.
3. Make-Up and Costumes
The ARTIST shall be responsible for providing, at its own expense, any
costumes and make-up necessary to the PERFORMANCE.
4. Dressinq and Storaqe Rooms
The ARTIST understands and acknowledges that no private dressing rooms or
other storage rooms will be available or provided by the CITY in connection with the
PERFORMANCE (unless described in Exhibit B attached hereto). However,the CITY
shall provide ARTIST with non-exclusive access or a public rest room at or in the
vicinity of the THEATER.
5. Technical Personnel and Set-Ua
In addition to any artistic personnel necessary to the PERFORMANCE, the
ARTIST shall provide, at its own expense, all backstage and technical personnel
necessary to effectuate the PERFORMANCE, including but not limited to stage
2
Contract No.
hands, operators of sound and lighting equipment, and such personnel as may be
necessary to set up and test any equipment that will be used during the
PERFORMANCE. ARTIST�s personnel shall use their best efforts to ensure that any
such advance set-up and testing is completed at least one hour prior to the time
scheduled for the P�RF�RMANC�.
6. Compensation
In exchange for the ARTIST� s PERFORMANCE in accordance with this
Agreement, CITY agrees to compensate the ARTIST in the manner described in
Exhibit C attached hereto. Any and all booking fees charged by an outside booking
agency are to be paid for by the ARTIST. In addition, ARTIST shall obtain a City of
Palm Desert Daily Business License,which payment shall also be included as part of
the compensation paid to ARTIST.
7. Promotion
CITY is authorized to engage in any and all reasonable activities related to
promotion of the PERFORMANCE without payment of additional fee, royalty or
commission to ARTIST. Said promotional activities may include, but are not limited
to, use of newspaper, radio and television advertisements featuring the ARTIST� s
photograph or likeness and brief examples of the ARTIST�s work taken from video
or audio recordings. CITY shall refer all inquiries regarding personal appearances
and interviews of the ARTIST to the ARTIST� s appointed agent.
8. Illness, Iniury or Death of ARTIST
In the event the ARTIST's PERFORMANCE is rendered impractical or
infeasible due to serious injury, illness or death of the ARTIST, actual threats of
3
Contract No.
imminent bodily harm to ARTIST if PERFORMANCE is rendered, or unexpected
family emergency, then the ARTIST may cancel the PERFORMANCE without
breaching this Agreement. However, no compensation shall be owing to the
ARTIST. The ARTIST shall make every effort to notify the CITY by telephone,
facsimile,or telec�ram of such pending cancellation as soon as reasonably possible.
An injury or illness shall be considered serious if, in the opinion of a qualified
physician, the condition is immobilizing or in any way poses a significant threat to
the life and health of the ARTIST. A family emergency shall consist of a sudden and
unexpected hospitalization or death of any immediate family member or any
unanticipated occurrence beyond the ARTIST�s control threatening the health or life
of an immediate family member that requires the ARTIST� s personal presence on
the date and time of the PERFORMANCE.
9. Assiqnment bv ARTIST
The parties hereto stipulate that the ARTIST� s services are personal in nature
and/or unique, thus the ARTIST may not assign or substitute its PERFORMANCE of
this Agreement with any other artist or party absent the CITY�s express consent in
writing. The CITY shall be under no obligation to consent to any proposed
assignment or other substitution by the ARTIST. However if the CITY does consent,
then the ARTIST�s failure to personally perform the services required by the
Agreement shall not constitute a breach thereof.
10. Independent Contractor
All of the services required hereunder shall be performed by ARTIST
personally and/or by ARTIST�s agent and employees, who shall remain at all times
4
Contract No.
under ARTIST�s direct control and supervision. It is the parties intent that the
ARTIST shall remain at all times an independent contractor of the CITY and not its
employee or agent.
11. Termination
The CITY reserves the right to terminate this Agreement for any reason,
provided it gives ARTIST at least fourteen (14) days written notice of such
termination prior to the scheduled date of the PERFORMANCE. Said notices shall be
deemed to be given as of the date it is postmarked. The CITY shall also use its best
efforts to notify the ARTIST by telephone of any pending termination as soon as
reasonably possible. In the event of termination pursuant to this Section, the CITY
shall not be in breach and no compensation shall be owing to the ARTIST.
12. Leqal Compliance
The ARTIST and its agents, officers, and employees shall comply with all
federal, state, and local laws and regulations applicable to the services being
provided pursuant to this Agreement. Including, but not limited to,any requirements
under the American Society of Composers, Authors, and Publishers or under any
other copyright law and/or licensing agreements.
13. Indemnification and Hold Harmless
The ARTIST shall indemnify and hold the CITY, its officers and employees,free
and harmless from any liability, loss, cost or expense resulting from any injury or
damage to any person caused by ARTIST, its agents or employees,while engaged in
the PERFORMANCE of this Agreement as described in Exhibit B.
14. Insurance
ARTIST fully assumes all of the following risks:
5
Contract No.
A. Injury to itself and to its agents or employees arising out of their
performance of this Agreement.
B. Damage to or theft of any personal property or equipment owned
by or under the control of ARTIST, its agents, volunteers and
employees.
15. Liquidated Damaqes
The parties hereto state that it would be difficult, if not impossible,to calculate
with precision the amount of damages that the CITY would suffer in the event the
ARTIST were to breach this Agreement by nonperformance or late performance.
Thus, the parties hereto stipulate that in the event the ARTIST is not ready, willing
and able to perform on the date and time specified by Exhibit B, and the
PERFORMANCE has not otherwise been canceled pursuant to this Agreement,then
the CITY's damages shall be fixed as follows:
A. Late Performance: The CITY's estimated damages for late
performance shall be$300 for every 15 minute delay in commencement
of the PERFORMANCE caused by the ARTIST. Such damages may be
deducted by the CITY from any compensation owing to the ARTIST.
Any delay in commencement of the PERFORMANCE caused by the
ARTIST exceeding one hour shall be deemed a nonperformance and
material breach of this Agreement, unless expressly waived by the
CITY.
B. Nonperformance: No compensation shall be due in the event of
any nonperformance by the ARTIST constituting a material breach of
6
Contract No.
this Agreement. In addition, the CITY�s estimated damages for a
nonperformance shall be $5,000.
This Section shall not prevent either party from recovering compensatory
damages for breaches of this Agreement due to causes other than the ARTIST� s late
performance or nonperformance.
16. Attornev' s Fees
Should any action or proceeding be brought to enforce the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
costs.
17. Modification
No modification of this Agreement shall be valid unless agreed to in writing by
both the CITY and ARTIST.
18. Prohibited Interests
The ARTIST represents that neither it nor any of its agents or employees is
currently an officer or employee of the CITY.
7
Contract No.
EXECUTION:
The undersigned represent that they are authorized to execute this Agreement
on behalf of the parties hereto on whose behalf they purport to sign. This
Agreement shall be deemed executed on the date first above written.
CITY OF PALM DESERT [ARTIST]
VAN TANNER, MAYOR (Signature; must be notarized)
ATTEST:
(Printed Name)
RACHELLE KLASSEN, CITY CLERK
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
8
Contract No.
PERFORMING ARTS AGREEMENT
EXHIBIT A
NAME OF ARTIST: Swing Cats Big Band
DESCRIPTION: Thirteen piece band to perform Swing, Jazz, and
Patriotic Music to coincide with Independence Day
Festivities
9
Contract No.
PERFORMING ARTS AGREEMENT
EXHIBIT B
DATE: Friday, July 4, 2014
TIME: 7:30 p.m. to 9 p.m.
ARTIST must arrive, at least, one hour prior to PERFORMANCE for sound
check, coordination with sound and lighting technicians, and be set up and ready to
perform no later than 7:30 p.m. The PERFORMANCE must conclude promptly at
9 p.m.
ARTIST shall submit a song list four weeks prior to the PERFORMANCE. CITY
shall review song list and submit changes at a minimum of one week prior to
PERFORMANCE. ARTIST(S) is entitled to one five minute break between sets, if
necessary.
10
Contract No.
PERFORMING ARTS AGREEMENT
EXHIBIT C
Compensation of $3,650.00 to be paid at conclusion of PERFORMANCE.
ARTIST is to submit an invoice to the CITY no later than 10 (ten) days prior to the
PERFORMANCE. ARTIST shall obtain a City of Palm Desert Daily Business License
in the amount of $26.00, which is included as part of the compensation paid to
ARTIST. Payment to ARTIST shall occur at the end of PERFORMANCE on the night
of the event. In addition, any payment due to outside booking agencies shall be paid
by the ARTIST.
NOTE: Not obtaining the Daily Business License in a timely manner will result in
delay of payment.
11
Contract No.
EXHIBIT D
Lighting, sound amplification, and other equipment as necessary for the complete
performance provided by Studio Instrument Rentals of Palm Springs.
12