HomeMy WebLinkAbout04420 - PYRO SPECTACULARS FIREWORKS DISPLAY a
pA�M" S •City of Palm Springs
Office of the City Clerk
(760) 323-8204
MEMORANDUM 1v
C, 41 FORN� �n(' 0 � _
Date: May 2, 2003
To: Procurement & Contracting
From: City Clerk !
AGREEMENT #4420 — PYRO Spectaculars
Please let us know the status of the above agreement, and if it may be closed.
Termination Date of Agreement: 10-31-01
STATUS:
COMPLETED:
REMAIN OPEN UNTIL:
Date & Initials
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CLOSE AGR\ ^ Iil
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PLEASE RETURN TO THE OFFICE OF THE CITY CLERK
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CLAIM VOUCHER
To: Finance Department October 15, 2001
From: David H. Ready
Pay to Pyro Spectaculars Vendor No.����d
Address : P.O. Box 2329
Rialto, CA 92377
In payment for: Fireworks display for Concert in the Park on
October 9, 2001 .
Account No. Amount
001-1220-42691 $ 2, 500 . 00
OCT 2 6 2001
Grand Total $ 2, 500 . 00
Goods and/or services were received.
Payment is authorized. o
O
By Order of Approved
artme t Head ��Director of Finance
-- -- Am Invoice
P.O. Box 2329 • Rialto,CA 92377 • (909) 874-1644
OCT 12 a001 10/10/2001 34499
BILLTO'
SHIPTO_ ,
CITY OF PALM SPRINGS PALM SPRINGS BASEBALL STADIUM
WILL KLEINDIENST
P O BOX 2743
PALM SPRINGS CA 92263-2743
" PO;NO.s s ^TERMS
*
., :pESGBIPTION AMOUNT
SPECIAL FIREWORKS DISPLAY FOR
OCTOBER P99,2001
6 2,500.00
i
*PAYMENT DUE DATE IS OCTOBER 10,2001
OCT 2 6 2001 6 h
Total / $2,500.00
THANK YOU
GENERAL LICENSE 672
PYRO Spectaculars
• Display Agreement
AGREEMENT p4420
PYRO SPECTACULARS, INC. No6944, 10-3-01
Display Agreement
1) THIS AGREENIENT,entered into this �/ dayof(/G;Q L Z�l ,byandbetweenPYRO SPECTACULARS,INC.,a
California corporation hereinafter referredto as"PYR(Y'and
_C4ofPalm_ SpApgz heremait;rreferredtoas"PURCHASER.
2) PYRO agrees to famish PURCHASER,in accordance with the terms and conditions hereinafter 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 October 9 2001 at
Palm Springs Stadium Baseball Field Palm Springs
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 anditrework debris maybe exhibited,rise and fall safely. B) Adequate policing,guardprotection,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
authorizedby PYRO into the DISPLAY SITE. C) The services and costof 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 ruse;14)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: 1)That any Spectator or Parking Areas are outside the Display Area;and n 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 TWO T$,O-iT I FWE HUNDRED Dollars
(S 2,500.00 ). A payment of$ 2,500.0(kmd fire department fees approximated at S 00.00 must be paid by
October 10,2001 . 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 unpaidbalance after ton 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 patties 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°!u 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 side)
7) In the event PURCHASER cancels the display,it will be impractical or extremely difficult fix the actual amount of PYRO's damages..
The foregoing represents a reasonable emote of the damages PYRO will suffer if PURCIWR cancels the display.
9) 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 ofthe PURCHASER to provide
discretionary Spectator and Parking Areas referred to in Paragraph 3 ofthis 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)ofthis
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
has paid 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 he 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 ofPahn Springs,3200 East Uhquitz Canyon Way,Palm Spriggs,California 92263-October 9,2001
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 mid this level of
nonperformance is acceptable as full performance.
In i es Whereof the parties hereto,by and through their duty authorized agents,have set their hands and seals thisday
of 1 � 1 �� 2001 .
Initial Here
� �� Title PRESIDENT 1—Purchaser is responsible for payment of
lE5 7-A fire department permit and standby fees,
PYROSPECTACULARS, C. gapplicable.
Purchaser to provide firing site,
yam, Title City Manager communication,and security.
pt m t Price includes full electronic firing.
Attest\_= Title City Clerk/ Show Producer : JeffMartin
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