19-0613_EXPOSHOWS INC._Professional Services Agreement CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AG-EEM.ENT
This Agreement is made and entered into as of May 4' , 2019 by and between the
City.of San Juan Capistrano, a public agency organized and operating under the laws of the State
of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano,
CA 92675 ("City"), and Exposhows Inc. a CORPORATION, with its principal place of business at
1003 Wilshire Blvd., Santa Monica, CA 90401 (hereinafter referred to as "Consultant"). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Aerial Fireworks Display for 2019, 2020, 2021, (hereinafter referred to as "the
Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
N0W, THEREFORE, IT IS .':GREEI AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of$30,000, per event per year as set for in Exhibit "A", for
the aerial fireworks display. City shall pay to Consultant $15,000 of the aerial fireworks display
fee as a deposit for each event no later than June 15, 2019, June 15, 2020, and June 15, 2021.
The remaining balance of$15,000 of the aerial fireworks display fee shall be paid by the City no
later than July 15, 2019, July 15, 2020, and July 15, 2021.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
.. Books, documents,. papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years,from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed ("Notice 'to Proceed").
Consultant shall provide a 21+ minute aerial fireworks display at 9:00 p.m. on Thursday, July 4,
2019, Saturday, July 4, 2020 and Sunday, July 4, 2021.
6. Delays.in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or •
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with I sw.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of thefederal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
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9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work deScribed in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(I) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage(Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for(1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
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against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
• insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers' compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
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a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shell be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. "Covered Professional Services" as designated in the policy must
specifically include work performed under this Agreement. The policy must"pay on behalf of" the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
• Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $10,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent)
signed by the insurer's representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultarit
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
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Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each containa provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall-purchase-a one (1•Y year-extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
- policy is replaced'by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shallcontain or be'endorsed to provide a waiver of subrogation in favor of the
City,its officials, officers,employees, agents, and volunteers or shall specifically allow Consultant
or others providing insurance'evidence in compliance with these specifications to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,
and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such.coverage, nor shall it limit the-Consultant's indemnification obligations to the City
and shall' not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a
current A.M. Best's rating of no less than A:VII and admitted to transact in the business of
insurance in the State of California, or otherwise allowed to place insurance through surplus line
brokers-under applicable provisions of the California Insurance Code or any federal law.
Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuantto this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will.
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.'
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general, liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20.38 0413 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend(with counsel
of City's choosing),_indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions; or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant's services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents,.or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless arises
out of Consultant's performance of "design professional" services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness,, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the
Consultant's proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on. certain "public works" and "maintenance" projects
("Prevailing Wage Laws"). If the services are being performed as part of an applicable "public
works or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
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compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor(Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771-.4.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing,the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial. Relations against Consultant or any subcontractor that
affect Consultant's performance of services, including any delay, shall be Consultant's sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10)calendar days written notice to Consultant. In such event,
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City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the,portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty(30)calendar days'written notice to City only in the event of substantial,
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign David MacCormick as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid,'addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano Exposhows Inc.
32400 Paseo Adelanto 1003 Wilshire Blvd.
San Juan Capistrano, CA 92675 Santa Monica, CA 90401
Attn: Kipp Lyons Attn: David MacCormick
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
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23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race; religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, de:motion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
This Agreement, with its exhibits,_ represents the entire understanding of City and
Consultant as to those matters contained herein, and, supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writingsigned by both Parties hereto. This isan integrated Agreement.
25. Severability '
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each Party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects. •
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
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from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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1•1
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND EXPOSHOWS INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO Exposhows Inc.
��ww •
oquw�gneaelu..aaM.�mlkw
t'�"By: :424y:
Oue1•14om 1177:49.O707
B, ; ami► Sh'e
City Ma -•er Its: VP Sales Exposhows Inc,
Printed Name: David MacCormick
ATTEST:
By: OAA
ity Clerk 4
APPROVED AS TO FORM:
By:
City Attorney
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EXHIBIT A
Scope of Services
[ON FOLLOWING PAGE]
r
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EXHIBIT A
Exposhows Inc,
20 March 2019
City of San Juan Capistrano
2019-2021 Independence Fireworks Display
July 4th , , ,
SUMMARY 3
U.
INTRODUCTION w
N. EVENT OUTLINE........-. ........ .......~......... ~,.--. .............................. .............. ......... 3
IV. DISPLAY ELEMENTS /SHELL COUNT/ PRICING SUMMARY........... --. ......
---
V. PLOT MAP AND SITE LOCATION 5
N. SCOPE OF SERVICES /TECHNICAL SPECIFICATIONS, ----- ..... -................... .....6-9
VII. STATEMENT OF QUALIFICATIONS 10-1 I
VIII. PROJECT MANAGEMENT 12
IX. PRODUCTION AGREEMENT SUMMARY . 13
X-XII. TIMETABLE/BUDGET/EVALUATION 14
XIII. REFERENCES /ENDORSEMENTS 15
XIV. TIMELINE/CHRONOLOGY 16
L Summary
Exposhows, a professional Fireworks Display Company, is a California
corporation based in Southern California, experienced in public display
shows. Exposhows is excited at the opportunity to be selected as the
• vendor to operate the 2019,San Juan Capistrano lindependence Fireworks
Displays
• Fireworks capture the Spirit of America and create an event that brings
families together as a community.
IL Introduction
• Exposhows was founded by pyrotechnic and meeting-planning
professionals with over 30 years of experience to provide a local firework
Display Company for community events and private celebrations.
"Our business defines success by making people smile, never
compromising on issues of safety and consistently over delivering results.
There are many ways to the same place but no such thing as staying the
same. If we are not moving forward, we are falling behind."
- Exposhows Inc,-
HI . Event Outline
The 2019 City of San Juan Capistrano July 4th Celebration FFireworks
Display is scheduled for the evening of Thursday, July 4, 2019 at 9 p.m. The
display location is the San Juan Capistrano Sports Park located at 25925
Camino del Avion, San Juan Capistrano, CA 92675
The current fireworks staging and launch site is approximately 350 feet ESE
of Hausdorfer Baseball Field in an area due east and adjacent to the
athletic fields located in the southeast quadrant of the Sports Park.
Proximity of the viewing audience, residences and public thoroughfares
allow the maximum size shell that can be fired safely to be 5" . Section V.
(Plot Map and Site Location} details the shell launch location. The length of
the fireworks program is 21 minutes and choreographed to a soundtrack
submitted to the event staff for review and approval.
Display elements are outlined on the page following and incorporate single
shot shells, specialty shells and multi-shot devices. Multi shot devices
contain from 50-300 shots per device and are not counted in the breaking
aerial shell total. Load in and setup of the display will be done July 4th,
2019. Equipment strike will bbe conducted following the conclusion of the
event.
•
2019 San Juan Capistrano July 4 Fireworks Rev II
Display Elements / Shell Count
Shell count and device totals are listed and will be sent.for review and approval
by Orange County Fire Authority.
Additional specialty custom multi break shells are used to enhance the
audience experience. These shells are made in the United States. Exposhows is
proud to support.American manufacturers.
Shad sze ,Effect v c' r,: .,..
u. M
- , fl eet it 0 irage
3" Shells 30
4" Shells 10
5" Shells 5
:hre�i®i.M®in.Dfsp( w :
3" Main Display Shells 290
,4" Main Display Shells 280
5" Main Display Shells 155
3 Multishot Devices (1 100 Shots) (3)
AediiatGrand!Fin6ie, _ a.
3" (Chain Finale &Titanium Salute) 330
4" Shells (Chain Finale) 30
5" Shells (Chain Finale) 30
2 Multishot Devices (400 shots) , (2)
i Total Shelltaant/Runt Nirr e p Price
Breaking Shell Total* 1160
Main Display Shells (Lift Rate Average) 41 shells per minute
Finale Run Time 2 minutes
Total Show Run Time 21+ minutes
Total Show Price* $30,000
As an operating standard and value added feature, Exposhows displays are
loaded with additional product above listed total count to exceed your
expectations and ensure compliance with contract shell count.
*OCFA Permit Fees or any City Event Permit Fees (if applicable) are not included
in the total display price. .
V • Plot Maps / Firing Site Location
Sports Park 25925 Camino Del Avion, San Juan Capistrano, California 92675
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VI . Technical Proposal/Scope of Work
Permit Filings
All permits required by Federal agencies, (ATF, DOT, FAA), Office of the State Fire
Marshal of California,City of San Juan Capistrano and Orange County Fire Authority in'
accordance with U.S., State and local laws will be submitted by Exposhows after
endorsement and approval. City of San Juan Capistrano, its officers and agents and
public safety agencies will be listed as additional insured on general liability and SCIF
Workers Comp policies.
Personnel Training
Only trained and experienced pyrotechnicans are assigned to Exposhows Fireworks
Displays that include all transportation, setup, discharge and strike of the fireworks
displays. Exposhows pyrotechnicans receive annual recurring explosives safety
training including OSHA High Hazard IIP Plan training and Industry safety protocols. In
addition, Site safety briefings are conducted daily prior to work. All Exposhows staff
are US Citizens with no felony convictions that have passed a DOJ Background
Check and are authorized to perform duties as employee possessors under
Exposhows Federal Explosives License. No display work is ever subcontacted.
Pre Event Meeting
Exposhows will conduct a pre-event meeting with City and Public Safety Depts,
Launch Site
Launch area is approximately 200 yards east of San Juan Capistrano Sports Park. Site,
Map & Plot Plan (Section V) details exact location of the launch site
Storage and Delivery of Product (Pyrotechnic 1.3G Explosives)
FFireworks will be delivered vvia secured Hazmat licensed box truck early morning on
Thursday, July 4th, 2019. Hazmat Transportation Permit documents include the travel
route of the truck. OCFA will be advisedwhen the truck arrives on city property and
again when truck arrives on- site. Product remains secured inside the truck until such
a time licensed operator in charge determines display is ready for.product loading
Itemized List of Pyrotechnic Display Equipment
Equipment list includes wooden 3"-5" racks, cleats and HDPE Mortar Guns
constructed in accordance and exceeding California State Fireworks Law Title 19
and with approved rack and trough stabilization methods also in
accordance with California State Fireworks Law Title 19.
A digital electronic firing system with built in safeguards consistent with California
Fireworks-Law is used-Equipment listing includes al( applicable modules, cables,
connectors related to the firing system. E-match, quick match and 22-2 low voltage
zip wire are used to connect fireworks to firing strips or modules.
Fire suppression equipment; multiple 1.5 gallon pressurized water extinguishers. Foil
and Visqueen (polyethylene plastic) for display protection for protection during
transit until display time or in the event of inclement weather conditions.
Display Setup and Shell Wiring
Site configuration and setup of equipment; mortars and racks may be executed the
evening of July 3rd or early morning July 4th. HazMat load will arrrive on site July 4th
and remain locked and secured on-site under the supervision of the licensed
operators from arrival at staging site throughout loading until return and load out.
Shell drop and shell wiring will be conducted July 4th . A preliminary continuity check
will be performed by staff before prior to the show.
Upon arrival on station at the firing site, display equipment will be configured for the
display. Audio signal testing with the media partner will also be conducted at this
time. Sponsor and OCFA will be advised when final continuity is complete.
Start of the display is ultimately under the control of the media partner. Sponsor or
event staff coordinator will direct media partner or initiate music which will transmit
synchronization signals via wireless modem or audio cue to the firing panel shooter.
Detailed Show Description with number and type of shells for show and finale
Display contains a variety of several dozen different types of aerial display shell
effects from different manufacturers in all colors. Several of the same'effects may
be combined to create sweeping panoramas.
•
Display will emphasize patriotic color shells as well as all specialty custom and
pattern shells in every color available on the market. The display opens with an
opening barrage of titanium salutes and show effects including accompanied by
single shell display aerial shells.
The main body display consists of single shot shells and chained shells, many fired in
tandem to a faux finale, and build again in intensity for the finale that will engage
single shot shells, chained shells and salutes.
The display features over 1,000 breaking shells. Any new or any innovative shell
pattern designs will be used to ensure use of the newest and best products available.
Total run time of the show will be 21 minutes. The finale will incorporate approximately
400 shells with a run time of 2 minutes following an action-packed main display that
lifts 36 shells per minute.
Description of electronically fired display •
Entire duration of the display from the opening shot to the final finale cue will be
fired electronically.
Audio Track/Show& Music Choreography
Show scripting software is used to create a digital rendering of the display. This
software is used to choreograph the show to a soundtrack based on lift time of the
shell. It enables selection of color and pattern shells to fit the song and prints labels
for each shell used based on position, gun angle, module and cue.
Entire duration of the fireworks display is choreographed to a pre-approved audio
track if desired that will be submitted to event staff and media partner for review This
music track may be provided by the sponsor or media partner if desired.The display
can be broadcast or simulcast to the music track by the media partner. ACD of the
display soundtrack will be provided to Event Director or event staff representative
upon approval.
Shell Labeling
Each Shell will be labeled with shell type, caliber, position, module, gun angle and
cue number consistent with the choreographed show for easy identification and
inventory management. A sample of the labels affixed to each shell in the display is
included here.
1(l ry -1.4 .� ..•. 107
' t:;� • '106 .._ , i i]? • .1+l
i)tr •14; -•
' qui; .. 10
i; d
14
Shell Substitutions
No shells will be substituted that deviate from the proposal or approved OCFA
permit without prior written approval of the sponsor and the Fire Inspector:
Condition of Site
Following display, any remaining live pyrotechnic product, unfired or located
will be secured. Exposhows will be responsible for removal of all pyrotechnic
equipment, material arid-debris an -the fireing range and return of the
substrate to its original condition. Equipment strike, load out and cleanup will
be done following conclusion of the display.
•
Post Display Reporting & Evaluation
Post display reporting and display evaluation will be conducted with the
event sponsor. In addition, Post Display reports will be filed with the California
Office of the State Fire Marshal in accordance with State Fireworks laws and
regulations.
VII m Statement of Qualifications
Key Contacts /Statement of Qualifications
Exposhows Inc. PO Box 5590, Santa Monica, CA 90409 USA
Tel (424) 322-8747 Fax (310) 451-7994 www.exeoshows.net
*David MacCormick Operations Logistics 310-864-9616 ctrn@exposhows.net
*Dan Douglass Site Storage &Security 818-219-0376 dangexooshows.net
*Rick Zaday Equipment Manager 661-713-4217 rick.@exposhows.net
*Larry Ochner Staff Training Mgr 661-202-9120 larry@exposhows.net
*Frank Ponce Digital Sys Manager 661-542-1985 franklin@exooshows.net
*Paul Newland HazMat Transport Mgr 661-713-6140 paul@exposhaws.net
Richard Morrison Audio Engineer 661-713-1852 richard.morrison@mac.com
*Key Contacts are current California State Licensed Pyrotechnic Operators
Exposhows Inc. was established in 2010 and founded by licensed pyrotechnic
professionals to provide local municipalities a company specializing in
outdoor aerial firework displays for the general public, stadium shows, city
celebrations, NASCAR, theme parks and arenas for both indoor and outdoor
venues.
Exposhows is a California corporation and comprised of California licensed
operators and experienced veteran pyrotechnicians. Our staff has been
involved in the production and operation of outdoor aerial displays,
theatrical and special effects pyrotechnics in California for over thirty years.
• Exposhows staff has operated hundreds of outdoor and theatrical displays for
including large public shows for the State of California, Los Angeles, Orange,
Ventura and Stanislaus County and multiple year municipal clients;.County of
Los Angeles, Lynwood, Redondo Beach, Fillmore, Marina del Rey, Alhambra,
Murrieta, Downey, Modesto, Newport Beach, Fountain Valley and many
others.
Exposhows is experienced with barge and marine shows, operating US Navy
Fleet Week displays, Battleship USS Iowa, City of Redondo Beach, Marina del
Rey, Avalon, Two Harbors Catalina and Malibu Barge Shows. In addition to
over eight years of public displays for Six Flags, big 10" gun displays include
Stanislaus County and Malibu. It is our goal to continue with only select
celebrations. We sincerely hope to work with San Juan Capistrano.
Past event and venue highlights of our operating staff include experience
with over 100 displays, the Olympics, PBR, Los Angeles Dodgers, performing
'artists, arena shows and more. The Grand Display at the 2016 Western
Pyrotechnic Association Conference and 2016/2017 US Navy Fleet Week
Exposhows state of the art digital fireworks scripting software and firing
systems enable us to produce exciting precision choreographed shows for
your event. Experienced with simulcast broadcasts, our multiple Grammy
. award winning audio engineer designs custom music tracks for each show.
In addition to foreign product manufacturers, Exposhows works directly with
different US manufacturers of pyrotechnic product. This allows us to select
thenewest_and,best product from different sources for your show. if we find
a way to add more as.a value added feature, we will make sure to do so to
ensure that your expectations are exceeded.
•
Exposhows personnel assigned to set up, operate the 2019 San Juan
Capistrano Fireworks Display consist of no less than 5 experienced staff
members with licensed operator. All aspects of the.Fireworks Display will be
conducted by Exposhows staff and are never subcontracted to another •
agency or any third parties.
Equipment and Explosives Storage facilities are registered with the ATF and
the California Office of the State Fire Marshal. Facilities are maintained in
Santa Clarita, Acton and Mojave, CA with an admin office in Torrance, CA
Primary focus is safety of spectator audience and staff members and will
never be compromised under any circumstances. No incidents involving any
violations of safety, iniury to any spectators or property damage have ever
occurred with Exposhows or with our .experienced operators and team
members.
Exposhows has never been disqualified from a project and has never been a
party to litigation arising from one of our displays. Our general liability, workers
comp and transportation insurance loss runs have no losses since inception.
All staff members are qualified and authorized to work as employee
possessors under Exposhows Inc. Federal Explosives License as required by
Federal Law. In addition, all pyrotechnicians have multishow outdoor
experience and receive annual safety and pyrotechnic training.
Close coordination with Event Staff and municipal public safety departments
with pre-event meeting(sj and clear timely communication are _hallmarks
that distinguish Exposhows; a detail-oriented display company with logistical
expertise and demonstrated leadership qualities that result in production
excellence.
•
VIII. Project Management
David MacCormick-Display Project Manager 25 years experience including Barge and
Marine display experience. Licensed California Public Display Operator. ATF Licensed •
Importer. Hazmat Transport License. Over 1000 hours and 130 public fireworks and
pyrotechnics displays without incident.
Dan Douglass - 34 years experience Commercial Driver. Senior Pyrotechnic Supervisor.
Licensed California Public Display Operator. Explosive Site Manager 8 years aerial
display experience including barge and marine display operations. Over 400 hours
experience.
Paul Newland - 11 years experience with Public displays, SFX. .Licensed California
Pyrotechnician. Show Director. Experienced w/Public Display & Proximate Pyrotechnics.
Larry Ochsner- 25 years experience as a Licensed California Public Display Operator.
Experience with Public Display Aerial Fireworks and Proximate Pyrotechnics. Firing
Systems. Commercial HazMat Driver and Training Supervisor
Successful delivery of an exceptional public display fireworks production requires a
structured approach within a clearly defined framework. The project manager must
utilize every tool and resource to optimize the outcome. Criteria to be met that define
the scope of the project; creating an overall unforgettable audiovisual experience with
universal appeal.
Use only the very best, most reliable display fireworks available in the world. Fabricate
the safest equipment possible for the viewing audience. Hire responsible staff and
experienced industry veterans. Provide comprehensive training. Design the display with
new effects, the widest variety and appropriate shell size selection. Audio and show
choreography that excites the spectators.
Identification as well as managing and mitigating the project risks that will occur are
central to project success. Equipment, product, transportation, safety, security, logistics, •
staffing and weather are significant areas of anticipated risk. Contingencies, risk owners
and assigned responsibilities are Risk Register items. e.g (Two operators assigned to the
display in the event a sole operator became unavailable due to unforeseen
circumstances).
Coordination of people and activities, constant auditing and review are controls that
keep Exposhows projects on-track, on-time and within budget. Time lines for completion •
risks coupled with project strategy have always led to successful product delivery.
Supplier performance measurement, ultimately project health and status are constantly
monitored by using Earned Value metrics. Evaluating Trend analysis of Cost and
Schedule Performance Index ratios enable dynamic adjustment' and change well
ahead of the event horizon.
We are only limited by the extent of our imagination. Proposed show design, music and
display choreography is offered as a starting or an endpoint, Public or sponsor input is
encouraged in the interest of achieving the same vision. It leads to a collaborative
effort, the best change control option we have in any client vendor relationship.
UX. Production Agreement / Contract
A completed Contract Agreement or formal Production Agreement / Contract
with Scope of Work between Exposhows Inc., a California corporation and City
of San Juan Capistrano will be submitted for review or provided by the sponsor
following acceptance of a display option or modification to and subsequent
acceptance of the same. Scope of work includes the following standard
production agreement details.
1 Engagement
2 Exposhows duties and Client (San Juan Capistrano) duties
3 Time and Place of Production
4 Fees, Interest and Expenses
5 Proprietary Rights
6 Safety
•
7 Security
8 Clean.Up
9 Permits
10 Insurance
11 Indemnification
12 Limitation of Damages from Ordinary Breach
13 Force Majeure
14 Rescheduling of Event/ Right to Cancel
15 No Joint Venture / Applicable Law
16 Notices / Modification of Terms / Severability
17 Price Firm
18 Contract Endorsement
Xs Timetable
Description of Work Start and End Dates
Phase One Formal Bid Submission /Approval March 2019
Phase Iwo* Pre-Event Logistics /Show Scripting March-Jul 3, 2019
Phase Three Display Set Up /Operation /Strike Jul 4, 2019
*Phase Two includes all show preliminaries, OCFA permit filings, music & show
script choreography, coordination with Public Safety & Event Staff.
XL Budget
Description of Work Cost
Show Deposit On Contract Approval $15,000
Balance Post Event Reconciliation 2019 $15,000
Total Total $30,000
XII. Evaluation
1. Pre Event meeting(s) with Event Staff & OCFA
2. Post Display Reporting with Public Safety Dept(s). Follow Up with Event Staff
XML References / Endorsements
Six Fiags Magic Mountain -Entertainment Director Pam Bugbee (661) 255-4810
US Navy Los Angeles Fleet Week/Battleship USS Iowa Todd Coleco (877) 446-9261
Los Angeles County Dept. of Beaches & Harbors -Catrina Love (310) 305-9511 _
LA City Fire Dept. Public Assemblage Unit-Inspector John Williams (213) 978-3650
City of Beverly Hills- Special Events Director Magdalena Davis (310) 285-1098 •
City of Redondo Beach-Community Services Director John LaRock (310) 318-0671
City of Avalon, Catalina Island-Community Services Director Dan Hunke (310) 701-4153
City of Fillmore Fire Chief Keith Gurrola (805)524-1500
City of Santa Clarita Arts &Events -Joel Beck (661) 250-3720
City of Alhambra Community Services-Vincent Hon (626) 570-5089
Two Harbors, Catalina Island-Sales Director Leslie Boutilllier (310) 510-4249
Stanislaus County (City of Modesto) Parks & Recreation-Heidi Hildago (209) 525-6763
City of Lynwood Recreation Services Director-Rozie Carrillo (310)603-0220 x-225
City of Murrieta Recreation Services Event Director-Laura Frasso (951)461-6110
City of Downey Fire Inspector Lee Kirby (562) 904-7348
Crazy Mountain Ranch, Montana KMG Irongate Jon Delaurier (406) 686-9099
LA County Fire Dept. -Fire Prevention and Firework Permits Amy Mawson (323)890-4122
LA County Fire Inspector-Inspector William Boller (661) 286-8821
. City of Murrieta Fire Dept -Fire Marshal Jason Briley (951)757-0022
Orange County Fire Authority-Fire Inspector Darren Johnson (714) 402-3103
Fairview Center, Costa Mesa,CA Tina Lineberger (714) 9.57-5085
Fountain Valley Fire Department-Deputy Fire Marshal Adria Smith (714)397-1734
City of Newport Beach Fire Department-Fire Inspector Steve Michael (949)644-3110
San Bernardino Fire Protection District-Division Chief Sal Corrao (760) 256-2254 x-28
XIV. Production Chronology / Schedule
Music Soundtrack - Show Choreography - Display Operations
• Proposal Submission and Vendor Retention
• Site Inspection / Plot Map & Firing Site Approval by AWJ (Orange County Fire)
• Contract Review / Endorsement
• Selection of Music Tracks / Event Specific / Genre
• Audio Engineering / Final Soundtrack Approval by Sponsor
• Display Choreography-Show Product Selection
• Firing Field Configuration / Display Details/ Permit Filings
• Audio/Sound Conference with City and/or Media Partner
• Pre-Event Meeting FD / Permit Approval -
• Pre-Event Meeting Event Staff / Event Logistics / On Site Contact List
• Pyrotechnic Team Assignment/ Safety and Event Briefing
• Final Display Production / Product and Effect Listing
• Display Shells / Show Packaged
• Transportation Logistics
• Pre-Event Audio Coordination with City and/or Media Partner
• Display Load In --July 3/4
• Fireworks Display and Post Display Site Inspection July 4
• Strike / Load Out-July 46
• Post Display.Reporting July 6/76/7
• Post Display Reporting Orange County Fire Authority / State Fire Marshal
• Post Display Reporting San Juan Capistrano
EXHIBIT B
Payment Schedule
City agrees to pay Contractor the services which shall .not exceed $30,000 per event, per year,
for the aerial fireworks display. City shall pay to Contractor$15,000 of the aerial fireworks display
fee as a deposit for each event. The City shall pay to the Contractor a deposit fee of$15,000.0.0
no later than June 15, 2019, June 15, 2020 and June 15, 2021. The remaining balance of
$15,000, of the aerial fireworks display fee shall be paid by the City no later than July 15, 2019,
July 15, 2020 and July.15, 2021.
•
Signed: Date: