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
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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.
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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
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I
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(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 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
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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
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
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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
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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. 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
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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. 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,
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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. 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.
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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
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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.
ISTGNATURES ON FOLLOWTNG PAGEI
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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
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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.
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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
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V. Plot Mops / Firing Site Locotion
Sports ?ork25925 Comino Del Avion. Son Juon Copistrono, Colifornio 92675
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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.
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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