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HomeMy WebLinkAbout3/19/2008 - STAFF REPORTS - 2.M. OF PALM SA /j 9L/FORHPA CItyCouncil Staff Repot DATE: March 19, 2008 Consent Calendar SUBJECT: FOURTH OF JULY CELEBRATION FIREWORKS FROM: David H. Ready, City Manager BY: Department of Parks and Recreation SUMMARY This action will approve a Purchase Order with Pyro Spectacular, Inc. in an amount not to exceed $35,000 for the production of the July 4, 2008 fireworks display at Palm Springs Stadium. RECOMMENDATION: 1. Approving a Purchase Order with Pyro Spectacular, Inc. to provide the fireworks display for the 2008 Fourth of July Celebration at Palm Springs Stadium in an amount not to exceed $35,000; and 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: This is the fourth 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 4th 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 & 2007, City Council appropriated funds for the department to produce the annual show at Palm Springs Stadium, and Recreation Division staff, along with the Palm Springs Power Baseball Club, produced "All-American 4th of July,, events. This year, staff is continuing to work with the Palm Springs Power Baseball Club by having a baseball game precede the fireworks display. The Palm Springs Power will play the United States Air Farce Mustangs in an exhibition game that will begin at approximately 6:05 p.m. There will be a regular ITEM NO.�� DATE: March 19, 2008 SUBJECT: FOURTH OF JULY CELEBRATION FIREWORKS PAGE: Two admission charge for the ball game and pre-fireworks display festivities in the stadium. At 8:00 p.m., all gates will open to the general public free of charge and the fireworks display will follow at approximately 9:15 p.m. Staff is working with the Palm Springs Power to create a true community event for the Fourth of July at the stadium to broaden the community appeal of celebrating our nation's 232nd birthday. 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. Normally, professional services such as those being performed by Pyro Spectaculars, Inc. should be competed to make sure the City is getting the best value for services being performed. Section 7.040.030 of the Municipal Code provides that the City Council may authorize the acquisition of supplies, equipment or services without competition when it is determined that an unusual or unique situations exist, in that, due to experience and expertise demonstrated in prior contacts with the City ,a particular contractor is uniquely qualified for a particular task that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals contrary to the public interest. Since Pyro Spectaculars, Inc. has been performing 4th of July fireworks shows in and for the City of Palm Springs for over fifty (50) years, the Asst. City Manager- Administrative Services has determined, pursuant to the requirements of Section 7.040.030, that the prior contract performance and special expertise of Pyro Spectaculars, Inc. for pyrotechnics is acceptable and will adequately protect the public interest in that the total cost of the services to be provided will likely be equal to or less than what could be obtained through an independent City competitive process at this time. FISCAL IMPACT: Funds are available in Account Number 112-2018-45610 to produce this event. Shar n Heider, Director Tr Butzlaff, s i tant City Manager Department of Parks and Recreation dmi istrative 5 ices l David H. Ready, Cit ager 000OC2 January 17, 2008 City of Palm Springs Recreation Division Michele Cirone-Collier P.O. Box 2743 Palm Springs, CA 92263 Dear Ms. Cirone-Collier, Thank you for the opportunity to submit our pyrotechnic proposal for your July 4,2008 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. We are proposing our special Sky Concerti"Program"A"in the amount of $35,000.00. Our plan is to use the winning combination of our products, people and production capabilities to produce the best fireworks entertainment package possible. 1 This program price includes the services of a licensed pyrotechnic operator, an Yelectronic firing system, show choreography and design, insurance coverage, 1 sales tax and delivery. We will process the necessary fire department permit application. The City of Palm Springs will be responsible for provisions for 1 security, and payment of the Palm Springs Fire Department permit fee 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, Certificates of Insurance and Display Agreements for signature and initialing_ Please have one copy of the fully executed agreement returned to our office by April 3,2008 along with your deposit. 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. Sincerely, PFRO SPECTACULARS,INC. Jeff Martin Regional Sales Manager Wmb � Enclosures PYRO SPECTACULARS, INC. P.O. Box 2329 • Rialto, CA 92377 • Phone: (909)355-8120 or(888) 477-PYRO Fax: (909) 355-9813 GtCllaCo� Q©d9 - �serCaC SC�eCCs Desc�C�to©vo �eaarniC°�oa ♦ 3" Souza Designer Selections 175 ♦ 4" Souza Designer Selections 175 ♦ 5" Souza Designer Selections 170 7otaC of Cfi aon Body - AarCaC ShaHs 52U pyrotschnu c Devices Dcscftuoro QuantVn ♦ Sousa Gold Line - Multishot Device 800 Shots ♦ Sousa Platinum Line - Multishot Device 500 Shots ♦ Sousa Diamond Line - Multishot Device 1200 Shots 7otaC of Pyrolechna c Devices 2,500 Grand FCnaCe DascrCptoocu cuantCty ♦ 2.5" Souza Designer Bombardment Shells 108 ♦ 2.5" Souza Designer Finale Shells 180 ♦ 3" Souza Designer Bombardment Shells 75 ♦ 4" Souza Designer Finale Shells 60 Dotal of Grand FonaCe 423 Graced 7ctaC 3,44z 000034 Display Checklist City of Palm Springs Agrees to; Return contract by April 3, 2008. ❑ Send 50% deposit and applicable fire department permit fees to arrive by April 3, 2008. ❑Send balance of payment to arrive by July 7, 2008. ❑ Provide suitable firing site. ❑ Provide security. ❑ Provide two-way communication to the pyrotechnician, Pyro Spectaculars Agrees to: Manufacture, supply, insure, ship, install, fire, and tear down all display materials. Provide general liability insurance and hazardous material transportation insurance in the amounts of $1 million and $5 million respectively, as well as workers compensation coverage. gIApply for all federal, state, and local fireworks display permits and licenses as required by law. [rr��IlProvide a licensed pyrotechnic operator and crew. r IProvide all necessary pyrotechnic equipment. O0000� PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGREEMENT,entered into this day of 2008 by and between PYRO SPECTACULARS,INC.,a California corporation hereinafter referred to as"PYRO"and City of Ealm Springs hereinafter referred to as"PURCHASER 2) PYRO agrees to famish 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 die display. The said display is scheduled to be performed on July 4 2001 at Palm Springs Stadium 13asehall 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 of standby firemen and/or any applicable permit fees as required by state and local statutes,ordinances or regulations. D)Access by PYRO,at all times,to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with requirements A,B, C and/or D set forth above,PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said failure. If,in its sole discretion,PURCHASER designates an area for members of the public to view the Display ("Spectator Area")and/or an area for vehicular parking("Parking Area"),the PURCHASER shall: E)Ensure that the Spectator Area does not infringe on the Display Area;F)Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon,including,but nor 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 cgntiol 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 rd ensure: 1)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 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 approximated at S 00.00 must be paid by April 3,2008. Full final payment is due the first regular business day after the date set for the display.A fitiance charge at a periodic rate of 1.5%per month, 18%annual percentage rate,or the maximum rate permitted by law,whichever is less,nil]be charged on the unpaid balance after ten days from the date of the display. PURCI•IASER,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 Lime before the display. It shall be within PYRO's sole discretion to determine whether or not the display maybe 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 Elie 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) 000010E 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) FYRO 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 PURCI•IASER 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;13)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 dle 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 patties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreeihents 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 farther agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County,California,shall be proper venue for any such action. 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail,postage prepaid,first class,addressed as follows: PYRO-Pyro Spectaculars,Inc.,P.O.Box 2329,Rialto,California 92377. PURCHASER- City of Palm Springs: P.O.Box 2743,Palm Springs,CA 92263—July 4.2008-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 PURCIASER 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. PURCI•IASER 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 W7tereof the parties hereto,by and through their duly authorized agents,have set their hands and seals this day ° 20 a X biidaCHere Title PRESIDENT • purchaser is responsible for payment of TAMES R. SOUZA V fire department permit and standby fees, PYRO SPECTACULARS,INC. if applicable. + Purchaser to provide firing site, PURCHASER Title communication,and security. * Price firm through April 3,2008. + price includes full electronic firing. PRINT NAME Show Producer: Jeff Martin a 7