HomeMy WebLinkAbout2006-03-01 STAFF REPORTS 2K OF PALM S
A P
° . City Council Staff Report
DATE: March 1, 2006 Consent Calendar
SUBJECT: FOURTH OF JULY CELEBRATION FIREWORKS
FROM: David H. Ready, City Manager
BY: Department of Parks and Recreation
SUMMARY
Staff is seeking approval from City Council to allow the City Manager to execute an
agreement between the City of Palm Springs and Pryo Spectacular, Inc. in an
amount not to exceed $25,000 for the production of the July 4, 2006 fireworks
display at Palm Springs Stadium.
RECOMMENDATION:
1) Adopt Minute Order No. approving an agreement with Pyro
Spectacular, Inc. to produce the fireworks display for the 2006 Fourth of July
Celebration at Palm Springs Stadium in an amount not to exceed $25,000 in a
form acceptable to the City Attorney; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
This is the second consecutive year that City staff will be producing the Fourth of
July Celebration at Palm Springs Stadium. In previous years, the event was
produced by Palm Springs 41h of July Fireworks, Inc., a nonprofit organization which
disbanded prior to the 2005 event. In 2005, $25,000 worth of fireworks had been
purchased prior to the organization disbanding and the event was subsequently
produced in-house by the Department of Parks and Recreation.
For 2006, City Council appropriated funds for the department to produce the annual
show at Palm Springs Stadium. This year, staff is working with the Palm Springs
Power Baseball Team to enrich the overall event by having an outstanding baseball
game precede the fireworks display. The Palrn Springs Power will be playing the
United States Military All-Stars in an exhibition game that will begin at about
6:00 p.m. There will be a nominal admission charge for the ball game and pre-
fireworks display festivities in the stadium. Late in the game, all gates will open to
the general public free of charge and the fireworks display will follow at about
9:00 P.M. Item No. 2 . �,(
f� .
DATE: March 1, 2006
SUBJECT: FOURTH OF JULY CELEBRATION FIREWORKS
PAGE: Two
Staff has been working with the Palm Springs Powerto create a true family-oriented
event for the Fourth of July at the stadium to broaden the community appeal of
celebrating our nation's 230`h birthday. Entertainment will be provided both inside
and outside the stadium during the afternoon and evening.The Palm Springs Power
will be providing food and refreshments through the concession stands and Danny
Fox of KDEZ Radio will be providing the simulcast program for the fireworks show.
FISCAL IMPACT: I Finance Director Approval
Funds are available in Account Number 112-2018-45610 to produce this event.
ott Mikesell, Director Troy B tzlaff, t is nt City Manager
"Department of Parks and Recreation Adm strative i es
David H. Ready, City M9096F
' MINUTE ORDER NO.
APPROVING AN AGREEMENT WITH PYRO
SPECTACULARS, INC. TO PRODUCE THE
FIREWORKS DISPLAY FOR THE 2006 FOURTH OF
JULY CELEBRATION AT PALM SPRINGS STADIUM
IN AN AMOUNT NOT TO EXCEED $25,000 IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute
Order, approving an agreement with Pyro Spectaculars, Inc. to produce the fireworks
display for the 2006 Fourth of July Celebration at Palm Springs Stadium in an amount not
to exceed $25,000 in a form acceptable to the City Attorney, was adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the 1't day of
March, 2006.
James Thompson, City Clerk
PYRO SPECTACULARS, INC.
Display Agreement
1) THIS AGREEMENT,entered into this day of 2006 by and between PYRO SPECTACULARS,INC.,a
California corporation hereinafter referred to as"PYRO"and
City of Palm Springs, Recreation Division hereinafter referred to as"PURCHASER.
2) PYRO agrees to furnish PURCHASER,in accordance with the terms and conditions hereinafter set forth, I fireworks display
as per Program A ,submitted,accepted and made part hereof,including the services of a licensed pyrotechnic operator to take
charge of and, along with sufficient helpers, safely discharge the display.
The said display is scheduled to be performed on July 4 2006 at
Palm Springs Stadium Baseball Field; Palm Springs CA
3) PURCHASER,at its own expense, agrees to provide to PYRO.
A) A suitable DISPLAY SITE in which to stage the fireworks display,including a firing and fallout zone reasonably acceptable to
PYRO in which the fireworks and firework debris may be exhibited,rise and fall safely. B) Adequate policing, guard protection,
roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property
not authorized by PYRO into the DISPLAY SITE. C) The services and cost or standby firemen and/or any applicable permit fees
as required by state and local statutes,ordinances or regulations. D) Access by PYRO,at all times,to the DISPLAY SITE to set
up the display. If PURCHASER fails to fully comply with requirements A,B,C and/or D set forth above,PYRO shall have no
obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred
because of said failure. If,in its sole discretion,PURCHASER designates an area for members of the public to view the Display
("Spectator Area")and/or an area for vehicular parking("Parking Area"),the PURCHASER shall: E)Ensure that the Spectator Area
does not infringe on the Display Area;F)Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures
thereon,including,but not limited to grandstands and bleachers are safe for use by spectators;G)have sole responsibility for ensuring
that the Parking Area is safe for use;H)Have sole responsibility to police,monitor and appropriately control spectator access to the
Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is
expressly agreed that PYRO,(including its operators and helpers)shall not inspect,police,monitor or otherwise supervise any area of
the site other than the Display Area,except to ensure: I)That any Spectator or Parking Areas are outside the Display Area;and I)
After completion of the Display, that the Display Area is cleared of any live firework debris originating from the program.
4) PURCHASER shall pay to PYRO the sum of Twenty Four Thousand Nine Hundred Ninety Nine&Ninety Nine Cents
($ 24,929.99 ). A deposit of$ 12,500.00 and fire department fees approximated at$ 00.00 must be paid by
April 3,2006. Full final payment is due the first regular business day after the date set for the display. A finance charge at a
periodic rate of 1.5%per month, 18%annual percentage rate,or the maximum rate permitted by law,whichever is less,will be
charged on the unpaid balance after ten days from the date of the display. PURCHASER,by signing this agreement,authorizes PYRO
to receive and verify financial information concerning PURCHASER from any person or entity.
5) PURCHASER agrees to assume the risk of weather,or other causes beyond PYRO's control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased
the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control,including,without limitation,inclement weather,PYRO is
unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date,PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for the display, as provided in the following paragraph.
6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises
this option,PURCHASER agrees to pay to PYRO,as liquidated damages, the following percentages of the agreed contract price. 1)
25%if cancellation three(3)or more days prior to the scheduled day of the display,2) 50%if cancellation occurs within two (2)days
of the actual date set for the display,3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up
of the display actually begins,4) 100% thereafter. If cancellation occurs prior to the date set for the display,PURCHASER agrees to
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
including but not limited to music/narration tape production and/or sponsors logos.
(continued on reverse)
PYRO SPECTACULARS, INC.
Display Agreement
7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's
damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed
herein. Any reproduction by sound,video or other duplication or recording process without the express written permission of PYRO is
prohibited.
9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury
and property damage,including products liability ONE MILLION DOLLARS ($1,000,000)combined single limits. Such insurance
shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage
arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall
not include claims made against PURCHASER for bodily injury or property damage arising from A)Failure of PURCHASER,including
through or by its employees, agents and/or independent contractors,to perform its obligations under this agreement,including, without
limitation,those contained in Paragraph 3 of this Agreement; B)Failure of the PURCHASER to provide discretionary Spectator and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims
and suits made against PYRO for bodily injury or property damage arising from A) and B)of this Paragraph.
• 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement,the prevailing party shall be entitled
to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
11) In the event PYRO breaches this agreement,or is otherwise negligent in performing the fireworks display provided for herein,
PURCHASER shall,under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER
agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances,be entitled to recover any consequential
damages from PYRO including,without limitation,for loss of income,business or profits. Nothing in this paragraph shall be construed
as a modification or limitation on the insurance coverages afforded to Paragraph 9 above.
12) It is agreed,nothing in this Agreement or in PYRO's performance of the display provided for herein,shall be construed as forming a
partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate .
debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein.
13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the
' State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display
provided for herein. It is further agreed that the Central Judicial District of San Bernardino County,California, shall be proper venue for
any such action.
14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States
Mail,postage prepaid,first class,addressed as follows: PYRO-Pyro Spectaculars, Inc.,P. 0. Box 2329, Rialto,California 92377.
PURCHASER- City of Palm Snrines: P.O.Box 2743 Palm Sorines,CA 92263-2743-July 4,2006-Program"A"
15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties
acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations
under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed
by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies,
each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties
hereto and upon their heirs, successors,executors, administrators and assigns. PURCHASER recognizes that because of the nature of
fireworks, an industry accepted level of 3%of the product used in any display may not function as designed and this level of
nonperformance is acceptable as full performance.
In Witness Whereof the patties hereto, by and through their duty authorized agents, have set their),iands and seals this day
of 20o X " Initial Here
Title PRESIDENT ' Purchaser is responsible for payment of
JAMES R. SCYUZA fire department permit and standby fees,
PVRO SPECTACU S,IN if applicable.
� • Purchaser to provide firing site,
'' I ,Title d communication,and security.
PURCHASE • Price firm through April 3,2006.
Price includes full electronic firing.
Show Producer: Jeff Martin _
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January 16, 2006
Pyro Spectaculars by Souza
PO Box 2329, Rialto, CA 92377
City of Palm Springs Phone: 909.874.1644
Recreation Division Fax: 909.355.9813
Michele Cirone-Collier www.PyroSpectaculars.com
P.O. Box 2743 401
Palm Springs, CA 92263-2743
Dear Ms. Cirone-Collier,
Thank you for the opportunity to submit our pyrotechnic proposal for your July 4, 2006
7:
fireworks display. We are honored to highlight your event with a Pyro Spectaculars by
tea+ Souza fireworks extravaganza entitled, "Spirit of America", celebrating America's
Birthday and Independence. A very sincere effort has gone into the enclosed proposal
which outlines your custom designed show in detail.
We are proposing our special Sky ConcertTM Program "A" in the amount of
$24,999.99. Your display is scheduled for 9:00 p.m. Our plan is to use the winning
combination of our products, people and production capabilities to produce the best
fireworks entertainment package possible.
_n, •a. .. ,ay, � This program price includes the services of a licensed pyrotechnic operator, an
S T electronic firing system, show choreo rahy and desi n insurance coverage, sales tax
T and delivery. We will process the necessary fire department permit application. City of
"T» ° Palm Springs, Recreation Division will be responsible for provisions for security, and
, payment of the Palm Springs permit fee, and/or standby firemen fees, if any. The Fire
Department may bill you directly for any standby fees.„+ Enclosed you will find a Product Synopsis, Display Checklist and Display Agreements
for signature and initialing. Please have one copy of this fully executed agreement
returned to our office by February 24, 2006. Your deposit will be due April 3, 2006.
Please take the time to review this proposal in detail. If you wish to make any changes
in your program or need more information, please call either myself or your Customer
d4 Service Representative Cindy Allie at(909) 874-1644 ext. 31.
Sincerely,
PYR SPECTACULARS,INC.
rt
Jeff Marti r L
Regional Sales Manager
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