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19-0507_EXPOSHOWS, INC_E11_Agenda ReportTO 5t7t2019 E,11 City of San Juan Capistrano Agenda Report Honorable Mayor and Members of the City Council %r ^in Siegel, City Manager Dori Budde, Community Services Director May 7,2019 Professional Services Agreementfor Fireworks Displays at the 2019, 2020, and 2021 Fourth of July Celebrations (Exposhows lnc.) FROM SUBMITTED BY: DATE SUBJECT RECOMMENDATION: Approve and authorize the City Manager to execute a Professional Services Agreement with Exposhows lnc. in the amount of $30,000 annually, to conduct the 2019,2020, and 2021 Fourth of July fireworks displays. EXECUT¡VE SUMMARY: The City's 2019 Fourth of July Celebration event will be held on Thursday, July 4, 2019, from 3:00 p.m. until 9:30 p.m. at the San Juan Capistrano Sports Park. The festivities include live stage entertainment, carnival rides, games, food vendors, and an aerial fireworks display. Staff conducted a Request for Proposals (RFP) for the fireworks display and is recommending a three year Professional Services Agreementwith Exposhows lnc. in the amount of $30,000 annually. DISCUSSION/ANALYSIS: On February 28, 2019, staff sent an RFP to four qualified fireworks companies: Exposhows lnc., Fireworks & Stage FX America, lnc., Garden State Fireworks lnc., and Zambelli Fireworks. The RFP included a scope of services for an electronically fired aerial fireworks display to be choreographed with synchronized music. The City received two proposals, from Exposhows lnc. and Garden State Fireworks, which are summarized in the table below. City Council Agenda Report May 7,2019 Paqe 2 of 3 Fireworks Company Price for the 4th of July Displav Time of Show Total Fireworks Exposhows lnc $30,000 per year 21+ minutes 5,260 Fireworks & Stage FX America, Inc.Declined to bid N/A N/A Garden State Fireworks, lnc $34,000 in 2019; $35,000 in2020; $36,000 in2021 18-20 minutes 6,52 1 Zambelli Fireworks Declined to bid N/A N/A Staff reviewed and evaluated the proposals based on the company's experience, price, and past performance references. Staff is recommending that the Council approve an agreement with Exposhows Inc. (Attachment 1) based on the firm's qualifications, cost proposal, and positive recommendations. The proposed agreement (Attachment 2) between the City of San Juan Capistrano and Exposhows lnc. includes a Scope of Work that would be performed for the 2019,2020, and 2021 Fourth of July Celebrations. On April 15,2019, the Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission recommended that the City Council approve the agreement with Exposhows lnc. FISCAL IMPACT: The proposal for Exposhows lnc. includes a fee of $30,000 annually. lf approved, a payment of $15,000 would be made from the current Fiscal Year 2018-2019 budget prior to the 2019 Fourth of July celebration event. The remaining balance of $15,000 would be paid from the Fiscal Year 2019-2020 budget after completion of the event. ENVIRONMENTAL IMPACT: The City's Environmental Administrator completed a preliminary review of the project in accordance with Section 15061 of the California Environmental Quality Act (CEOA) Guidelines. Based on that review, the Environmental Administrator has determined that the project is categorically exempt under Section 15304, Class 4, (e) - minor temporary use of land having negligible or no permanent effects on the environment. A Notice of Exemption (NOE) will be posted should the requested action receive final approval. PRIOR CITY COUNCIL REV¡EW On May 17 ,2016, the City Council approved an agreement with Garden State Fireworks, lnc. for the Aerial Fireworks Displays of the 2016, 2017 and 2018 Fourth of July Celebrations. City Council Agenda Report May 7 ,2019 Page 3 of 3 COMMISSION/CO MITTEE/BOARD REVIEW AND RECOMM ENDATIONS: On April 18, 2016, the Parks, Recreation, Senior and Youth Services Commission recommended the City Council approve a PSA with Garden State Fireworks, lnc. for the Aerial Fireworks Displays of the 2016,2017 and 2018 Fourth of July Celebrations. On April 15, 2019, the Parks, Recreation, Youth and Senior Services, Trails and Equestrian Commission recommended the City Council approve the PSA with Exposhows lnc. for the Aerial Fireworks Displays of the 2019,2020, and 2021 Fourth of July Celebrations. NOTIFICATI David MacCormick, Exposhows lnc. Chris Santore, Garden State Fireworks, lnc ATTACHMENTS: Attachment 1: Proposed Professional Services Agreement with Exposhows lnc. CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of May _, 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, CA92675 ("City"), and Exposhows lnc. 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. services. Consultant is duly licensed and has the necessary qualifications to provide such C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: L 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 "8." b. ln 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 "4", 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 1 5,2019, July 15, 2020, and July 15, 2021. 3. AdditionalWork. lf 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 fonruarded to the City by Consultant with a 1 ATTACHMENT 1 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. Delavs 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 indlude 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 Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including CaI/OSHA requirements. b. lf 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. lf 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. 2 9. Assionment 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. lndependentContractor 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. lnsurance. 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. ln 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 Liabilitv (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 lnsurance, 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) lnsurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability lnsurance must include coverage for the following (1) (2) (3) (4) (5) (6) Bodily lnjury and Property Damage Personal lnjuryiAdvertising I njury Premises/Operations Liability Products/Completed Operations Liability Aggregate Limits that Apply per Project Explosion, Collapse and Underground (UCX) exclusion deleted Contractual Liability with respect to this Agreement Property Damage lndependent Consultants Coverage 7 I I (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 -1 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 lnsurance 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 lnsurance 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/Emplover's Liabilitv (i) 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 lnsurance Act," Division lV 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 Liabilitv (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 4 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 shall 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 Policv Limits Required (i) The following insurance limits are required for the Agreement Combined Sinqle Limit Commercial General Liability Automobile Liability Employer's Liability Professional Liability $1,000,000 per occurrence/ $10,000,000 aggregate for bodily injury, personal injury, and property damage $1,000,000 combined single limit $1,000,000 per accident or disease $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 lnsured 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 lnsurance (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 Pol Provisions ui (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 Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. lf 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 5 Liability Additional lnsured 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 contain a 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. (i¡i) 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)yearextended 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, shall contain 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. Qualifvinq lnsurers companies, ", d"t",,JiL"o oil'nJ8iiJ:i^:ïiliß,r'i,iitii"Jii"'Î,"fJ,1'::åi?å;JL:i'""" (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:Vll and admitted to transact in the business of insurance in the State of California, or othen¡vise allowed to place insurance through surplus line brokers under applicable provisions of the California lnsurance Code or any federal law. i. Additional lnsurance 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 pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (¡i) lf 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 6 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. ln the alternative, City may cancel this Agreement. (¡ii) 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 lnsurance 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. lf requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. lndemnification. a. To the fullest extent permitted by law, Consultant shalldefend (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. lf 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 Reouirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 el seq. and 177Q 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"). lf 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 7 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. lt 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 prolect that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. lf 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 lndustrial 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 1771.1shall not apply to work performed on a public works pro.¡ect 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 lndustrial Relations. lt shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of lndustrial 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 lndustrial Relations against Consultant or any subcontractor. 14 Verification of Em ovment Eti o ibiti tv 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 lmmigration Reform and ControlAct 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. lf 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 o r 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. ln such event, 8 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. Çity shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. lf 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 othenruise 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. Orqanization 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 Aqreement. 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: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA.92675 Attn: Kipp Lyons CONSULTANT: Exposhows lnc. 1003 Wilshire Blvd. Santa Monica, CA 90401 Attn: David MacCormick and shall be effective upon receipt thereof 22. Third Party Riqhts Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 9 23. Equal Opportun itv Emolovment. 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, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Aqreement This Agreement, with its exhibits, represents the eniire 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 writing signed by both Parties hereto. This is an integrated Agreement. 25. Severabilitv The unenfoiceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal. 26. Succêssors and Assiqns 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 othenruise 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 Risht to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited lnterests 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 10 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. ISTGNATURES ON FOLLOWTNG PAGEI 11 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND EXPOSHOWS INC. lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO Exposhows lnc Dlgltðlly slqned by Dðvid Maccorm¡ck DN: cn=D¿vid Maccormlckß*Ë.f[-o=Exposhow lnc., oú=VP Såles, emãll=dm@exposhows.neL c=Us By: Benjamin Siegel City Manager ATTEST By: City Clerk APPROVED AS TO FORM: Dåre 20¡9.0425 13:23:49-07',m' By: Its:VP Sales Exposhows Inc, Printed Nam David MacCormick City Attorney l2 EXHIBIT A Scope of Services [oN FOLLOWTNG PAGE] 12 EXHIBIT A Exposhows lnc, 20 Morch 2AW City of Son Juon Copistrono 2019-2021 lndependence Fireworks Disploy July 4th I atrril0 I ':r: irrtucmi t. il. ilt. lv. vt. vil. vilt SUMMARY 3 INTRODUClION EVENT OUÏ1INE...,.... DISPLAY ELEMENTS / SHELL COUNT I PRICING SUMMARY PLOT MAP AND SITE LOCATION SCOPE OF SERVICES / TECHNICAL SPECIFICATIONS STATEMENT OF QUA LIFICATIONS PROJECT MANAGEMENT IX. PRODUCTION AGREEMENT SUMMARY X-XII. TIMETABLË/BUDGEI/EVALUATION XIII. REFERENCES / ENDORSEMENTS XIV. TIMELINE/CHRONOLOGY. .....3 ..6-9 l0-1 r ,..5 .3 l5 ,.4 \2 l3 l4 l. Summory Exposhows, o professionol Fireworks Disploy Compony, is o Cqlifornio corporotion bosed in Southern Colifornio, experienced in public dísploy shows. Exposhows is excited ol the opportunity io be selected os ihe vendor to operote the 2019 Son Juon Copistrono llndependence Fireworks Disploys Fireworks copture the Spirit of Americo ond creote on event thoi brings fomilies togelher os o community. ll. lntroduction Exposhows wos founded by pyroiechnic ond meeting-plonning professionols wilh over 30 yeors of experience to provide o locol firework Disploy Compony for community events qnd privote celebrotions. "Our busíness deloines success by moking peop/e smile, never compromisîng on issues of sofefy ond consisfently over delivering resu/fs. There ore many woys to the some ploce bul no such fhing os sfoying the some. lf we ore not moving forvvord, we ore fallíng behind." - Exposhows lnc,- lll. Event Outline The 2019 CíTy of Son Juon Copistrono July 4th Celebrolion FFireworks Disploy is scheduled for the evening of Thursdoy, Jvly 4,2019 of 9 p.m. The disploy locolion is the Son Juon Copislrono Sports Pork locoted ot 25925 Comino del Avion, Son Juon Copislrono, CA?2675 The current fireworks stoging ond lounch siie is opproximotely 350 feei ESE of Housdorfer Boseboll Fleld in on oreo due eost qnd odjocent to the othletic fields loccted in the southeost quodront of the Sports Pork. Proximíty of the viewíng oudlence, residences ond public thoroughfores ollow the moximum size shell thot con be fired sofely to be 5" . Section V. {Plot Mop ond Site Locotion) deloils the shell lounch locqtion. The length of the fireworks progrom is 2l minutes ond choreogrophed To o soundlrock submitled to the event stoff for review ond opprovol. Disploy elements ore outlined on the poge following ond incorporote single shot shells, speciolty shells ond multi-shol devices. Multi shot devices contoin from 50-300 shots per device ond ore not counted in the breoking oeriol shell totol. Lood in ond selup of lhe disploy will be done July 4th, 2019. Equipment strike will lobe conducted following the conclusion of the event. 2019 Son Juon Copistrono Jvly 4 Fireworks Rev ll Disploy Elements / Shell Count Shell count ond device totols ore lisied ond will be sent for review ond opprovol by Oronge County Fire Authority. Addítionol speciolty custom multî breok shells ore used to enhonce the oudience experience. These shells ore mode in the United Stotes. Exposhows is proud to support Americon monufocturers. As on operoting stondord ond volue odded feolure, Exposhows disploys ore looded with odditionol product obove listed totol count to exceed your expeclclions ond ensure complionce with controct shell counl. *OCFA Permii Fees or ony City Event Permit Fees {if opplicoble) ore not included in the lolol disploy price. 3" Shells 30 4" Shells IO 5" Shells 5 Aeriol Moin Disploy 3" Moin Disploy Shells 290 4" Moin Displov Shells 280 1555" Moin Disploy Shells l3l3 Multishot Devices {1 100 Shots) Acrlof Grond Finole 3" (Choin Finole & Titonium Solute)330 4" Shells {Chqin Finole)30 5" Shells (Choin Finolel 30 2 Multishoi Devices {400 shots)QI Tolol Shcll Counl I Run limc / Price Sun¡mqryTolol 1ró0Breoking Shell Totol* Moin Disploy Shells lLift Rote Averoqe)4l shells per minute Finole Run Time 2 minules Totol Show Run Ïime 2l+ mÍnutes Totol Show Price*s30.000 I { a + rll s' V. Plot Mops / Firing Site Locotion Sports ?ork25925 Comino Del Avion. Son Juon Copistrono, Colifornio 92675 ¡ ú Plot Mop l. Firing Site & Disploy Zone Sofety Perimeter O 5" Shells 200' Diometer O 4" Shells 5ó0' Diomeier Plot Mop ll. Firing Sile & Disploy Zone Sofety Perimeter Vl. Technicol Proposol/Scope of Work Permil Filings All permits required by Federol ogencies, (ATF, DOT, FAA), Office of lhe Stqte Fire Morshol of Colifornio, City of Son Juon Copistrono ond Oronge County Fire Authority in occordonce with U.S., Stote ond locol lows will be submitted by Exposhows ofter endorsement qnd opprovol. City of Son Juon Copislrono. its officers ond ogents ond public sofety ogencies will be listed os odditionol insured on generol líobility ond SCIF Workers Comp policies. Personnel Troining Only troined ond experienced pyrolechnicons ore ossigned to Exposhows Fireworks Disploys thot include oll tronsportqtion, sefup, dischorge ond strike of the iireworks disploys. Exposhows pyrotechnicons receive onnuol recurring explosives sofety koining including OSHA High Hozord llP Plon troining ond lndustry sofety protocols, ln odditíon, Site sofely briefings ore conducted doily prior to work. All Exposhows stoff ore US Citizens with no felony conviclions lhot hove possed o DOJ Bockground Check ond ore outhorized io perform duties os employee possessors under Exposhows Federol Explosives License. No disploy work is ever subconlocted. Pre Event Meeting Exposhows will conduct o pre-event meeling with Ci'ty ond Public Sofety Depls. Lounch Site Lounch oreo is opproximotely 200 yords eost of Son Juon Copistrono Sports Pork. Site Mop & Plot Plon (Section V) detoils exoct locotion of the lounch site Storoge ond Delivery of Product {Pyrolechnic l.3G Explosives) FFireworks will be delivered vvio secured Hozmqi licensed box truck eorly morning on Thursdoy, July 4th, 2019. Hczmot Tronsporlotion Permit documenls include lhe trovel rouie of lhe truck. OCFA will be odvisedwhen lhe truck orrives on cily property ond ogoin when lruck orrives on- site. Product remoins secured insíde the truck until such o time licensed operotor in chorge determines disploy is reody for product looding llemized List of Pyrotechnic Disploy Equipment Equipment list includes wooden 3"-5" rocks, cleots ond HDPE Morlor Guns consTructed in occordonce ond exceeding Colifornio Stote Fireworks Lqw Tiile l9ond with opproved rock ond trough stobilizatíon methods olso in occordonce with Colifornio Stote Fireworks Low Tille 19. A digilol elecïronic firing sysfem wilh built in sofeguords consistent with Colifornio Fireworks Low is used. Equipment listing includes oll opplicoble modules, cobles. connectors reloted to lhe firing system. E-moich, quick motch and22-2low voltoge zip wíre ore used to connect fireworks to firing strips or modules. Fire suppression equipment; multiple 1.5 gollon pressurized woter exiinguishers. Foil ond Visqueen {polyethylene ploslic) for disploy protection for proteciion during tronsit untíldisploy time or in the event of inclemenl weother conditions. Disploy Setup ond Shell Wiring Site configurolion ond setup of equipment; mortors ond rocks moy be executed the evening of July 3rd or eorly morning July 4th. HozMot loqd will ornive on site July 4th ond remoin locked and secured on-site under the supervision of the licensed operotors from orrivol oi stoging site throughout looding until return ond lood out. Shell drop ond shellwiring will be conducted July 4lh . A preliminory continuity check will be performed by stoff before prior to ihe show. Upon orrivol on stotion ot the firíng sÍte, disploy equipmeni will be configured for the disploy. Audio signol iesting with the medio poriner will olso be conducted of this tíme. Sponsor ond OCFA will be odvised when finol continuity is complete. Stort of the disploy is ultimolely under the control of the medio portner. Sponsor or eveni sloff coordinolor will direct medio portner or initiofe music which will tronsmit synchronizotion sígnols vio wireless modem or oudio cue to the firing ponelshooler. Detoiled Show Descrip'Ìion wilh number ond lype of shells for show ond finole Disploy contoins o voriety of severol dozen different types of oeriol disploy shell effects from different monufocturers in oll colors. Severol of the some effects moy be combined lo creote sweeping ponoromos. Dísploy will emphosize polriotic color shells os well os oll speciolty custom ond poltern shells in every color ovoiloble on the morkei. The disploy opens with on opening borroge of tilonium solules ond show effects including occomponied by single shell disploy oeriol shells. The moin body disploy consists of single shoi shells ond choined shells, mony fired in tondem lo o foux finole, ond build ogoin in intensity for the finole thot will engoge single shot shells, choined shells ond solules. The disploy feolures over 1,000 breskîng shells. Any new or ony innovolive shell potlern designs will be used io ensure use of the newest ond best producls qvqiloble. Totol run fime of the show will be 2ì minules. The fínole willincorporote opproximolely 400 shells with o run time of 2 minutes following on oction-pocked moin disploy thoi lifts 3ó shells per minute. Description of electronicolly fired disploy Entire durotion of the disploy from the opening shot to the finol finole cue will be fired electronicolly. Audio Trock / Show & Muslc Choreogrophy Show scripting softwore is used lo creole o digitol rendering of lhe disploy. This sofTwore is used to choreogroph the show to o soundlrock bosed on lift time of the shell. lt enobles seleclion of color ond poltern shells to fit lhe song ond prints lobels for eoch shell used bosed on posilion, gun ongle, module ond cue. Entire duroiion of lhe fireworks disploy is choreogrophed to o pre-opproved oudio trock if desired thot will be submitted to event stoff ond medio porfner for review This music lrock moy be provided by the sponsor or medio portner if desired. The disploy con be broodcosi or simulcosT 1o the music irock by lhe medio poriner. A CD of the disploy soundtrock will be provided to Evenl Director or even't sioff represenlotive upon opprovol. Shell Lobeling Eoch Shell will be lqbeled with shell type, coliber, posilion, module, gun ongle ond cue number consisteni with the choreogrophed show for eosy identificotion ond inventory monogement. A somple of the lobels offixed to eoch shellin the disploy is included here. " ' li¡ :-;Tr :ïTiI ) .ì!i !, .i lìxlr ì ìa¡_ ir¿r¡ ,!t:.r l t)r ,! g..' ; "j- ' fl0711tL1 xj ''r''.,,;!1',.¡;,ì r-¡' :l0li ,_____;_lT7 .*l ? ---- , f-ff/ t{ì Shell Substilutions No shells will be substiluted thot deviote from the proposol or opproved OCFA permíi without prior written opprovol of the sponsor ond the Fíre lnspecior. Condition of Site Following disploy, ony remoining live pyrotechnic product, unfired or locoted will be secured. Exposhows will be responsible for removol of qll pyrotechnic equipment, moteriol qnd debris on the fireíng ronge and return of the substroie to its originol condiÍion. Equipment strike, loqd oui ond cleqnup will be done following conclusion of the disploy. Post Disploy Reporting & Evoluotion Post disploy reporting ond disploy evoluotion will be conducted with the event sponsor. ln oddition, Post Disploy reports will be filed with the Colifornio Office of ihe Stote Fire Morshol in occordonce with Stote Fireworks lows ond regulotions. Vll. Stotement of Quolificotions Key Contocts / Stotement of Quolificotions Exposhows lnc. PO Box 5590, Sonio Monico, CA 90409 USA fel þ241 322-8747 Fox (3ì0J 451-7994 Www.exposhows.nef *Dovid MocCormick AperolionsLogisfics 310-8ó4-9óló dnnÇexposhows.net*Don Dougloss Site Sloroge & Security BIB-21 9-0376 don@rexposhows.nel *Rick Zodoy Eqvipmenf Manoger 661-713-4217 rick@exposhows"nel *Lorry Ochner Stoff lroining Mgr 661-202-9120 lorrv@exposhows.nel *Fronk Ponce DigítalSys Monoger 661-542-1985 frqnklin9exooshows.net *Poul Newlond HozMaf lronsporl Mgr 661-713-6140 poul@exposhows.net RichordMorrison AvdioFngineer 661-713-1852 richord.morrisontÐmoc.com *Key Contocts ore currenf Colífornía Sfofe Licensed Pyrofechnic Operotors Exposhows lnc. wos estoblished in 20,l0 ond founded by licensed pyrotechnic professionols to provide locol municipolities o compony speciolizing in ouTdoor qeriol firework disploys for the generol public. slodíum shows, city celebrotions, NASCAR, Theme porks ond orencs for bolh indoor ond outdoor venues. Exposhows is o Colifornio corporotion ond comprised of Colifornio licensed operotors ond experîenced veteron pyroiechnicions. Our stoff hos been involved in the production ond operotion of outdoor oeriol disploys, theoiricol ond speciol effecls pyrotechnics in Colitornio for over thirty yeors. Exposhows stoff hos operoted hundreds of outdoor ond theotricol disploys for including lorge public shows for the Stote of Colifornîo, Los Angeles, Oronge, Venluro ond Stonislous Counly ond multiple yeor municipol clients; CounTy of Los Angeles, Lynwood, Redondo Beoch, Fillmore, Morin<r del Rey, Alhombro, Murrieto, Downey, Modesto, Newporf Beqch, Fountoin Volley ond mony others. Exposhows is experienced with borge ond morine shows, operoting US Novy Fleet Week disploys. Boitleship USS lowo, City of Redondo Beoch, Morino del Rey, Avolon. Two HorÌoors Cotolino ond Mqlibu Borge Shows. ln oddition to over eight yeors of public disploys for Six Flogs, big 10" gun disploys include Slonislous Counly and Molibu. lt is our gool lo continue with only select celebroiions. We sincerely hope to work with Son Juon Copistrono. Post event ond venue highlights of our operoting stoff include experience wilh over 100 disploys, the Olympics, PBR, Los Angeles Dodgers, performing ortists, oreno shows ond more. The Grond Disploy ci the 20.ló Western Pyrotechnic Associotion Conference ond 201 612017 US Novy Flee'tWeek Exposhows stote of the ort digitol fireworks scripting softwore ond firing sysiems enoble us to produce exciting precision choreogrophed shows for your event. Experienced wiih simulcost þroqdcosis, our multíple Grommy oword winning oudio engineer designs custom music trocks for eoch show. ln oddition to foreign product monufoclurers, Exposhows works direclly with differenl US monufocturers of pyrotechnic producl. This ollows us to select the newest ond best product from differenT sources for your show. lf we find o woy to odd more os o volue odded feoture, we will moke sure to do so to ensure thot your expectotions ore exceeded. Exposhows personnel ossigned to set up, operoie lhe 2019 Son Juon Copistrono Fireworks Disploy consist of no less thon 5 experienced stoff members with licensed operotor. All ospects of the Fireworks Disploy wíll be conducted by Exposhows stoff ond qre never subcontrocted to onother qgency or ony third poriies. Equipment ond Explosives Storoge focilities ore registered with lhe ATF ond the Colifornio Office of the Siote Fire Morshol. Fqcilities ore mointoined in Sontq Cloritq, Acton ond Mojove, CA with on odmin office in Torronce, CA Primory focus is sofely of spectolor oudience ond stoff members ond will never be compromised under ony circumslonces. No incidents involving ony violotions of sofetv. iniurv lo onv speclotors or oropertv domqoe hove ever occurred with Exposhows or with our experienced operotors ond teqm members. Exposhows hos never been disquolified from s project ond hos never been o porly to litîgotion orising from one of our disploys. Our generol liobility, workers comp ond lronsportotion insuronce loss runs hove no losses since inception. All stoff members ore quolified ond outhorized to work os employee possessors under Exposhows lnc, Federol Explosives License os required by Federol Low, ln oddition, oll pyrotechnicions hove mullishow outdoor experience ond receive onnuolsofety ond pyrotechnic ,froining. Close coordinqiion wilh Event Stoff ond municipol public sofety deportments with pre-event meeting(s) ond cleor timely communicolion qre hollmorks thot distinguish Exposhows; o detoil-orienTed disploy compony with logisticol expertise ond demonstroted leodershíp quolities thot result in production excellence. Vll¡. Project Monogement Dovid MocCormlck - Disploy Projecl Monoger 25 yeors experience including Bcrrge ond Morine disploy experience, Licensed Colifornio Public Disploy Operolor. ATF Licensed lmporter. Hozmot Tronsport License. Over 1000 hours ond 130 public fireworks ond pyrotechnics disploys wilhout incident. Don Dougloss - 34 yeors experience Commerciol Driver. Senior Pyrotechnic Supervisor. Licensed Colifornio Public Disploy Operolor. Explosive SiÌe Monoger B yeors oeriol disploy experience including borge ond morine disploy operotions. Over 400 hours experience. Poul Newlond - I ì yeors experience with Public disploys, SFX. Licensed Colifornio Pyrotechnicion. Show Director. Experienced w/Public Displcy & Proximote Pyrotechnics. lorry Ochsner - 25 yeors experience os o Licensed Colifornio Public Disploy Operotor Experience with Public Disploy Aeriol Fireworks ond Proximote Pyrotechnics. Firing Systems. Commerciol HozMot Driver ond Troining Supervisor Successful delivery of on exceplionol public disploy fireworks production requires o structured opprooch within o cleorly defined fromework. The projecl monoger must ulilize every tool ond resource to oplimize lhe outcome. Criteriq to be mel thot define the scope of the project;creoling on overoll unforgettoble oudiovisuol experience with universol oppeol. Use only lhe very best, most relioble disploy fireworks qvoiloble in the world. Fobricote the sofest equipment possible for the viewing oudience. Hire responsible stoff qnd experienced industry vetercrns. Provide comprehensive troining. Design lhe disploy with new effecls, the widesl vorieiy ond oppropriote shell size selection. Audio ond show choreogrophy thot exciies lhe spectotors. ldenlificotion os well os monoging ond mitigoTing the project risks lhot will occur ore cenlrol lo project success. Equipmenf, product. tronsportofion. sofety, securily, logislics, stoffing ond weother ore significont oreos of onticipoted risk. Contingencies, risk owners ond ossigned responsibilities ore Rìsk Regisler items. e.g (lwo operolors ossigned to the displcy in the evenÌ o sole operotor become unovoiloble due to unforeseen circumstonces). Coordinolion of people ond octivities, conslont ouditing ond review ore controls thot keep Exposhows projects on-Trock, on-lime ond within budget, Time lines for complelion risks coupled with project strotegy hove olwoys led to successful producl delivery. Supplîer performonce meosuremenl, ultimotely project heollh ond stolus ore constontly monitored by using Eorned Volue melrics. Evoluoling Irend onolysis of Cost ond Schedule Performonce lndex rotios enoble dynomic odjustment ond chonge well oheod of the evenl horizon. We ore only limited by the extenl of our imoginotion. Proposed show design, music ond disploy choreogrophy is offered os o storting or on endpoint. Public or sponsor input is encouroged in the interesl of ochieving the sqme vision. ll leqds to o colloborotive effort, the best chonge control oplion we hove in cny client vendor relotionshíp. llx. Production Agreement / Controct A completed Controct Agreemeni or formol Produciion Agreement / Controcl with Scope of Work between Exposhows lnc., o Cqlifornio corporotion ond City of Son Juon Copistrono will be submitted for review or provided by the sponsor following occeplonce of o disploy option or modificotion to ond subsequent occeptonce of the sqme. Scope of work includes the following stcrndord production ogreement detoils. 1 Engogement 2 Exposhows duties ond Client (Son Juon Copistrono) duties 3 ïime ond Ploce of Production 4 Fees, lnterest ond Expenses 5 Proprietory Rights ó Sofety Z Security I Cleon Up 9 Permits l0 lnsuronce I I lndemnificqtion l2 Limitqtíon of Domoges from Ordinory Breoch l3 Force Mojeure 14 Rescheduling of Event / Right to Concel ì5 No Joint Venture / Applicoble Low l6 Nolices / Modificotion of Terms / Severobility 17 Price Firm l8 ControctEndorsemeni X. Tirnetqble Phose One Phose Two* Phose Three Show Deposit Bolonce Totol DescÍplion of Work Formol Bid Submission lApprovol Pre-Event Logistics / Show Scripting Disploy Set Up / Operotion / Strike Descriplion of Work On Controct Approvol Posl Event Reconciliotion 2019 Totol Slorl qnd End Dqles Morch 2019 Morch - Jul 3, 2019 Jú 4,2At9 Cosl $t5,000 $r5,ooo $30,000 *Phose Two includes ol/ show prelimínartes, OCFA permit filîngs, music & show scnpf choreography, coordinatian wìfh Public Sofefy & Event Stoff. Xl. Budget Xll. Evoluotion L Pre Event meeting(s) with Eveni Stoff & OCFA 2. Posi Disploy Reporting wiTh Public Sofety Depl{s). Foilow Up wilh Ëvent Sloff Xlll. References / Endorsements Six Flogs Mogic Mounlqin - Enterloinmenl DirecTor Pom Bugbee {óé I ) 255-48.l 0 US Novy [os Angeles Fleet Week / Bottleship USS lowo Todd Coleca (8771 446-9261 Los Angeles County Depf . of Beoches & Horbors - Colrino Love (310) 305-951 I LA City Fire DepT. Public Assembloge Unit - lnspector John Willioms {213) ?/8-3ó50 City of Beverly Hills - Speciol Evenls Direclor Mogdoleno Dovis {3.l0} 285-,l098 Ciiy of Redondo Beoch - Communify Services Direclor John LoRock (3ì0) 318-0ó7,ì Cityof Avolon, Cotclino lsland-CommunilyServices DirectorDon Hunke (3ì0) 701-4,l53 Cify of Fillmore Fire Chief Keith Gurrolo (805)524-l500 Cily of Sonto Cloriic Arts & Evenls - Joel Beck (óó I I 25A4720 Ciiy of Alhqmbrq CommuniTy Services - Vincenl Hon (ó2ó) 570-5089 Two Horbors, Coiolino lslond - Soles Director Leslie Boutilllier (31 0) 5 I 0-4249 Stonislous County {Cily of Modesto} Porks & Recreclion - Heidi Hildogo QAq) 525-6763 City of Lynwood Recreotion Services Direcior - Rozie Corrillo {31 0) ó03-0220 x-225 City of Murrieto Recreotion Services Event Director- Louro Frosso {951)4óì-ól l0 City of Downey Fire lnspecior Lee Kirby (562]1904-7348 Crozy Mounloin Ronch, Montanq KMG lrongote Jon Delourier 14061 686-9099 LA Couniy Fire Dept. - Fire Prevention ond Firework Permits Amy Mowson {3231890-4122 LA Counly Fire lnspector - lnspeclor Willíom Boller (óó 1 I 286-8821 Cily of Munielo Fire Depl - Fire Morshol Joson Briley (951)757-AO22 Oronge County Fire Auihorily - Fire lnspecior Dorren Johnson 17l41 402-3103 Foirview Cenfer, Costo Mesq, CA Tino Lineberger (714lr957-5ABs Fountoin Volley Fire Deporlment - Depuiy Fire Morshol Adria Smith 17141397-1734 Cily of Newport Beoch Fire Deportment - Fire lnspector Sleve Michoel (949)ó44-3i ì0 Son Bernordino Fire Prolection Districl - Division Chief Sol Corroo (76011 256-2254 x-28 XIV.Production Chronoloqv / Schedule Music Soundtrock - Show Choreogrophy - Disploy Operotions . ProposolSubmission ond Vendor Retention. Site lnspection / Plot Mop & Firing Site Approvo{ by AWJ {Oronge Counly Fire) . Controct Review / Endorsement. Selection of Music Trocks / Eveni Specific / Genre ' Audio Engineering / Finol Soundtrock Approvol by Sponsor. Disploy Choreogrophy - Show Product Selection. F¡ring Field Configurotion / Disploy Detoils / Permit Filings. Audio/Sound Conference with City ond/or Medio Portner . Pre-Event Meeting FD / Permit Approvol. Pre-Event Meeting Evenl Stqff / Event Logistics / On Site Contoct List. Pyrotechnic Teom Assignment / Sofety ond Event Briefing, Finol Disploy Production 1 Product ond Effect Listing. Disploy Shells / Show Pockoged. Tronsportotion Logistics . Pre-Evenl Audio Coordinotion with City ond/or Medio Portner. Disploy Loqd ln - -July 3/4. Fireworks Disploy ond Post Disploy Site lnspeclion - July 4. Slrike / Lood Out - Jvly 46. Post Disploy Reporting JulV 6176/7 . Post Disploy Reporting Oronge Counfy Fire Aulhority / Stote Fire Morshol ' Post Disploy Reporting Son Juon Copistrono 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 $15,000.00 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 1 5, 2019, July 1 5, 2020 and July 15, 2021. Signed Date