Loading...
05-0505_PYRO SPECTACULARS, INC_Display Agreement PYRO SPECTACULARS, INC. Display Agreement I) THIS AGREEMENT,entered into this V day of 20Q5 by and between PYRO SPECTACULARS, INC.,a California corporation hereinafter referred to as"PYRO"and City of San Juan Capistrano hereinafter referred to as"PURCHASER. 2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, I fireworks display as per Program A , submitted,accepted and made part hereof, including the services of a licensed pyrotechnic operator to take charge of and,along with sufficient helpers,safely discharge the display. The said display is scheduled to be performed on July 4 2005 at San Juan Capistrano Sports Park Agriculture Preserve Strawberry Field, San Juan Capistrano- CA 3) PURCHASER, at its own expense, agrees to provide to PYRO: A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO in which the fireworks and firework debris may be exhibited,rise and fall safely. B) Adequate policing,guard protection, roping,fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees as required by state and local statutes,ordinances or regulations. D)Access by PYRO,at all times,to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with requirements A,B,C and/or D set forth above,PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said failure. If, in its sole discretion,PURCHASER designates an area for members of the public to view the Display ("Spectator Area")and/or an area for vehicular parking("Parking Area"),the PURCHASER shall: E)Ensure that the Spectator Area does not infringe on the Display Area;F)Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including,but not limited to grandstands and bleachers are safe for use by spectators;G)have sole responsibility for ensuring that the Parking Area is safe for use;H)Have sole responsibility to police,monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police,monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that PYRO,(including its operators and helpers)shall not inspect,police,monitor or otherwise supervise any area of the site other than the Display Area,except to ensure: I)That any Spectator or Parking Areas are outside the Display Area;and J) After completion of the Display,that the Display Area is cleared of any live firework debris originating from the program. 4) PURCHASER shall pay to PYRO the sum of TWENTY SIX THOUSAND ------—------------------ Dollars ($ 26,000.00 ). A deposit of$ 13.000.00 and fire department fees approximated at$ 00.00 must be paid by Aurl 4,2005. Full final payment is due the first regular business day after the date set for the display. A finance charge at a periodic rate of 1.5%per month, 18%annual percentage rate,or the maximum rate permitted by law,whichever is less,will be charged on the unpaid balance after ten days from the date of the display. PURCHASER,by signing this agreement,authorizes PYRO to receive and verify financial information concerning PURCHASER from any person or entity. 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control,which may prevent the display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased the display,or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. If,for any reason beyond PYRO's control, including, without limitation, inclement weather,PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be cancelled,the parties shall attempt to negotiate a new display date,which shall be within 60 days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display,as provided in the following paragraph. 6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this option,PURCHASER agrees to pay to PYRO,as liquidated damages,the following percentages of the agreed contract price. 1) 25% if cancellation three(3)or more days prior to the scheduled day of the display,2) 50%if cancellation occurs within two(2)days of the actual date set for the display,3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up of the display actually begins,4) 100%thereafter. If cancellation occurs prior to the date set for the display,PURCHASER agrees to pay PYRO in addition to the above percentages,the value associated with any specific custom work performed by PYRO or its agents including but not limited to music/narration tape production and/or sponsors logos. (continued on reverse) S[ PYRO SPECTACULARS, T`'. Display Agreement 7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display. 8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound,video or other duplication or recording process without the express written permission of PYRO is prohibited. 9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury and property damage, including products liability ONE MILLION DOLLARS ($1,000,000)combined single limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A)Failure of PURCHASER, including through or by its employees, agents and/or independent contractors,to perform its obligations under this agreement, including,without limitation,those contained in Paragraph 3 of this Agreement;B)Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A)and B)of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement,the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 11) In the event PYRO breaches this agreement,or is otherwise negligent in performing the fireworks display provided for herein, PURCHASER shall,under no circumstances,be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall not,under any circumstances,be entitled to recover any consequential damages from PYRO including,without limitation,for loss of income,business or profits. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded to Paragraph 9 above. 12) It is agreed,nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein. 13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County,California,shall be proper venue for any such action. _ 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail,postage prepaid, first class, addressed as follows: PYRO-Pyro Spectaculars,Inc.,P.0.Box 2329,Rialto,California 92377. PURCHASER- City of San Juan Capistrano: 25925 Camino del Avion San Juan Coistrano CA 92675-July 4,2005- 15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 16) If there is more than one PURCHASER,they shall be jointly and severally responsible to perform PURCHASER's obligations under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's offices in Rialto,California. This Agreement may be executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the parry executing same. This Agreement shall be binding upon the parties hereto and upon their heirs, successors,executors,administrators and assigns. PURCHASER recognizes that because of the nature of fireworks,an industry accepted level of 3%of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. In Witness Whereof the parties hereto,by and through their duly authorized agents,have set their hands and seals this day of 2045. X Initial Here Title PRESIDENT • Purchaser is responsible for payment of DAME OUZ depart fire dment permit and standby fees, PYRO SPECTACULARS, INC. if applicable. • Purchaser to provide firing site, �ZlATTEST41,114— 1 : Appr9yeda as to form: yaar URCHASER �� / i Y r /v^, PRINT NAME Vmret/R. Monahan, City Clerk hn Shaw, City Attorney 32400 PASEO ADEIANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i t SAM ALLEVATO (949)493-1171 j/1fs IB[BB"If 10 DIANE BATHGATE (949)493-1053 FAX FSTRBIIMU '� 1961' WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN May 4, 2005 Pyro Spectaculars, Inc. PO Box 900186 San Diego, CA 92190 Attention: Sam Bruggema Dear Mr. Bruggema: On May 3, 2005, the City Council approved a display agreement related to 4th of July fireworks. An original executed agreement will be forwarded to you upon receipt of certificates of insurance verifying "term 9" of the agreement, including an endorsement naming the City of San Juan Capistrano as additional insured. Please also forward a certificate confirming compliance with workers compensation insurance requirements. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. If you have questions specific to the contact, please contact the project manager, Karen Crocker, Community Services Director (949) 443-6389. Please call Maria Guevara, Secretary, (949) 443-6309 if you have questions regarding the forms of insurance needed. Thank you, Meg an, CMC Cit lerk cc: Karen Crocker, Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future {�)Pnnled on recycled paper Today's Date: 4/25/2005 Transmittal Routing (Check Al That Apply) ❑ City Attorney ❑ City Manager ® City Clerk CONTRACT TRANSMITTAL CIP No. (if any): Project Manager's Last Name: Crocker Phone Extension: 6389 Council or CRA Meeting Date (if applicable): May 3. 2005 APPROVING AUTHORITY: (Check One) 21 Mayor ❑ CRA Chair ❑ City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded —only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street I city I St I Zi Sam Bruggema P.O. Box 900186 San Diego CA 92190 OTHER INSTRUCTIONS: Forth Date:01-2004 D-7 5/3/2005 D7 AGENDA REPORT TO: Dave Adams, City Manager FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of Agreement Extension for the 2005 4th of July Celebration Fireworks Sky Concert (Pyro Spectaculars/San Diego Fireworks) RECOMMENDATION: By motion, approve agreement extension for the 2005 4th of July Celebration Fireworks Sky Concert to Pyro Spectaculars/San Diego Fireworks, for the amount of$26,000. SITUATION: A. Summary and Recommendation: At the meeting of June 15, 2004, City Council approved the Scope of Work with Pyro Spectaculars/San Diego Fireworks to provide an electronically fired aerial fireworks display for the City's annual 4th of July Celebration (Attachment 1). The term of the Scope of Work was for one (1) year, with the option to extend the agreement for 2005 and 2006, based on the prior year's performance, upon mutual agreement of the parties. Staff is recommending that the contract be extended for the 2005 event. B. Background: Pyro Spectaculars/San Diego Fireworks has been providing the City of San Juan Capistrano with many outstanding fireworks shows throughout the years. Staff received numerous comments from residents regarding the quality aerial show that was displayed last year. Pyro Spectaculars/San Diego Fireworks is a well qualified fireworks company who has complied with performance standards as part of the Scope of Work. The contract extension will be for this years 4th of July Celebration which will be held on Monday, July 4, 2005 at the Sports Park. The proposed Display Agreement (Attachment 2) includes a section regarding performance standards and how Pyro Spectaculars/San Diego Fireworks will address deficiencies, if they should occur (Attachment 3). The day's festivities will include food and information booths that are sponsored by non-profit organizations, kiddie inflatable attractions, pony rides, carnival-style and family games, live stage entertainment, and an aerial fireworks sky concert. Agenda Report May 3, 2005 Page 2 COMMISSION/BOARD REVIEW, RECOMMENDATION: This item does not require action by the Parks, Recreation, and Equestrian Commission. The Commission will be provided information regarding the action taken on this item at their upcoming meeting. FINANCIAL CONSIDERATIONS: The 2004 display, presented by Pyro Spectaculars/San Diego Fireworks was $25,000. The increased price to $26,000 reflects an increase of $1,000 which is derived from increased cost of product. Approving this contractual amount also insures that the show's high quality and shell count will remain consistent with last year's outstanding show. Funds are approved and included in the department's budget for this expenditure. Half of the $26,000 ($13,000)will be paid from the current fiscal year's budget,with the remaining half being included in the proposed budget for fiscal year 2005-2006. NOTIFICATION: Sam Bruggema, Pyro Spectaculars/San Diego Fireworks Producer* * Mailed copy of agenda report RECOMMENDATION: By motion, approve agreement extension for the 2005 4th of July Celebration Fireworks Sky Concert to Pyro Spectaculars/San Diego Fireworks, for the amount of$26,000. Respectfully submitted, Karen Crocker Community Services Director KC/de Attachments 1. Scope of Work (2004) 2. Display Agreement 3. Performance Standards Addendum 4. Location Map CITY OF SAN JUAN CAPISTRANO YEAR 2004 4TH OF JULY FIREWORKS DISPLAY SCOPE OF WORK Electronically Fired Show With Choreographed & Synchronized Music Not To Exceed $25,000 Proposals shall be evaluated based on the contractor's satisfactory and reliable performance history, compliance with Scope of Work, quality of proposed aerial display, the impact of pyrotechnic effects, and the length, pacing, and music proposed for the show. Contractor To: • Submit a proposal for an aerial display that includes the following, using a minimum shell size: 3", and maximum shell size: 6" to provide a 20-25 minute show: • Opening Finale • Main Program • Closing Finale Please ensure that the proposal is divided into the three (3) categories and specify what would be included within each category • Provide a written description of the company's policy for monetary compensation to the City when, due to the company's actions (or inactions): - the aerial display does not begin on time, or there is a delay during the show - the show does not comply with the scope of work and/or the bid package that was submitted by contractor and approved by the City - there is a modification to the show, even though the show began on time and there were no delays during the show - even though the correct amount of shells are delivered, all the shells are not fired • Provide licensed pyrotechnic operator and crew; transportation of crew and all supplies and materials to and from event. Operator and crew will be responsible for all site preparation and site cleaning, including removal of debris associated with the display. City will not accept responsibility for advance storage of fireworks and/or vehicle(s) • Schedule operator and crew adequate time for set up; schedule adequate time for take-down/clean-up of the firing site and fall-out area immediately after the show and the following morning • Coordinate with the Orange County Fire Authority and comply with all regulations Attachment 1 • Schedule representative(s) to meet on site with City staff and Fire Authority prior to event to coordinate event details • Provide music that is choreographed and synchronized to the aerial fireworks show. Music is to be provided to City via both a DAT and a back-up CD • Provide a 20-25 minute show; be responsible for the timely completion of all preparation work so the display will begin at its official starting time of 9:00 pm • Provide the City with a certificate of insurance* for public liability and property damage, minimum sum of $1,000,000 AND provide the City with a liability endorsement form* naming the City of San Juan Capistrano, its elected and appointed officials, employees and servants as additional named insureds. Also to be included on certificate and endorsement: South Coast Farms, Orange County Fire Authority • Provide the City with proof of Workers' Compensation Insurance* for all employees as required by State laws governing fireworks displays and proof of Automobile Insurance coverage* for all employees who will be driving automobiles associated with this event • Provide references for all July 4th displays conducted for the past three (3) years in Orange County, CA. This listing will be used to determine a satisfactory and reliable performance history City To: • Provide sand, DAT and CD Players, Clear-Com communication system, sound system, suitable firing site, and City liaison. Term: • The term of the agreement with the selected contractor shall include the year 2004 aerial fireworks display. This agreement may be extended upon mutual agreement of the parties without further action by City or Contractor for two (2) additional years, to include the years 2005 and 2006 4th of July aerial fireworks displays, if there has been no breach of contract and the City determines there was satisfactory performance at the previous year's Fourth of July Celebration. Notification to exercise the contract extension shall be provided by both parties within one hundred twenty (120)days following the 2004 and 2005 Fourth of July Celebrations. *Must be received by City minimum of 21 working days prior to the event CWVFH.• g• Hw, CIIY COuntllVmpe200 .*pE PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGREEMENT,entered into this day of 200L by and between PYRO SPECTACULARS, INC.,a California corporation hereinafter referred to as"PYRO"and City of San Juan Capistrano hereinafter referred to as"PURCHASER. 2) PYRO agrees to fumish PURCHASER, in accordance with the terms and conditions hereinafter set forth, 1 fireworks display as per Program A , submitted,accepted and made part hereof,including the services of a licensed pyrotechnic operator to take charge of and, along with sufficient helpers, safely discharge the display. The said display is scheduled to be performed on July 4 2005 at San Juan Capistrano Sports Park Agriculture Preserve Strawberry Field. San Juan Capistrano, CA 3) PURCHASER,at its own expense,agrees to provide to PYRO: A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO in which the fireworks and firework debris may be exhibited,rise and fall safely. B) Adequate policing,guard protection, roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees as required by state and local statutes,ordinances or regulations. D)Access by PYRO,at all times,to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with requirements A, B,C and/or D set forth above,PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said failure. If, in its sole discretion,PURCHASER designates an area for members of the public to view the Display ("Spectator Area") and/or an area for vehicular parking("Parking Area"), the PURCHASER shall: E)Ensure that the Spectator Area does not infringe on the Display Area;F)Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon,including,but not limited to grandstands and bleachers are safe for use by spectators;G)have sole responsibility for ensuring that the Parking Area is safe for use;H)Have sole responsibility to police,monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police,monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that PYRO,(including its operators and helpers)shall not inspect,police,monitor or otherwise supervise any area of the site other than the Display Area,except to ensure: I)That any Spectator or Packing Areas are outside the Display Area;and J) After completion of the Display,that the Display Area is cleared of any live firework debris originating from the program. 4) PURCHASER shall pay to PYRO the sum of TWENTY SIX THOUSAND -- ------ --- Dollars ($ 26.000.00 ). A deposit of$ 13.000.00 and fire department fees approximated at$_ 00.00 must be paid by Aorl 4,2005. Full final payment is due the first regular business day after the date set for the display. A finance charge at a periodic rate of 1.5%per month, 18%annual percentage rate,or the maximum rate permitted by law,whichever is less,will be charged on the unpaid balance after ten days from the date of the display. PURCHASER,by signing this agreement,authorizes PYRO to receive and verify financial information concerning PURCHASER from any person or entity. 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control,which may prevent the display from being safely discharged on the scheduled date,which may cause the cancellation of any event for which PURCHASER has purchased the display,or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather,PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be cancelled,the parties shall attempt to negotiate a new display date,which shall be within 60 days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a new display date,PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display,as provided in the following paragraph. 6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this option,PURCHASER agrees to pay to PYRO,as liquidated damages,the following percentages of the agreed contract price. 1) 25%if cancellation three(3)or more days prior to the scheduled day of the display,2) 50%if cancellation occurs within two(2)days of the actual date set for the display,3) 75%if cancellation occurs on the date set for the display but prior to the time physical set-up of the display actually begins,4) 100%thereafter. If cancellation occurs prior to the date set for the display,PURCHASER agrees to pay PYRO in addition to the above percentages,the value associated with any specific custom work performed by PYRO or its agents including but not limited to music/narration tape production and/or sponsors logos. (continued on reverse) ATTACHMENT 2 PYRO SPECTACULARS, Il`". Display Agreement 7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display. 8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound,video or other duplication or recording process without the express written permission of PYRO is prohibited. 9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury and property damage, including products liability ONE MILLION DOLLARS($1,000,000) combined single limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A)Failure of PURCHASER. including through or by its employees, agents and/or independent contractors,to perform its obligations under this agreement, including, without limitation,those contained in Paragraph 3 of this Agreement; B)Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A)and B)of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement,the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 11) In the event PYRO breaches this agreement,or is otherwise negligent in performing the fireworks display provided for herein, PURCHASER shall,under no circumstances,be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall not,under any circumstances,be entitled to recover any consequential damages from PYRO including, without limitation, for loss of income,business or profits. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded to Paragraph 9 above. 12) It is agreed,nothing in this Agreement or in PYRO's performance of the display provided for herein,shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein. 13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County,California,shall be proper venue for any such action. 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail,postage prepaid, first class, addressed as follows: PYRO-Pyro Spectaculars,Inc.,P. O. Box 2329,Rialto,California 92377. PURCHASER- City of San Juan Capistrano: 25925 Camino del Avion San Juan Coistrano CA 92675-July 4, 2005-_ 15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 16) If there is more than one PURCHASER,they shall be jointly and severally responsible to perform PURCHASER's obligations under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's offices in Rialto,California. This Agreement may be executed in several counter parts,including faxed copies. each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties hereto and upon their heirs, successors,executors,administrators and assigns. PURCHASER recognizes that because of the nature of fireworks, an industry accepted level of 3%of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. In Witness Whereof the parties hereto,by and through their duly authorized agents,have set their hands and seals this day of 2005 . X Initial Here Title PRESIDENT • Purchaser is responsible for payment of JAMS OUZ fire department permit and standby fees, if PYRO SPECTACULARS,INC. • Purchaser to provide firing site, Title communication,and security. PURCHASER • Price firm through April 4,2005. • Price includes full electronic firing. Show Producer. Sam Bm ema PRINT NAME UQST IAWIA Product Synopsis Pyrotechnic Proposal City of San Juan Capistrano - - - Program A $26,000.00 Main Body - Aerial Shells -- -�-+ Description Quantity ��� ♦ 3" Souza Designer Selections 120 ;„ � ' ♦ 4" Souza Designer Selections 140 tel► ♦ 5" Souza Designer Selections 110 ` ♦ 6" Souza Designer Selections 100 Total of Main Body - Aerial Shells 470 Pyrotechnic Devices Description Quantity t� F. ♦ Sousa Diamond Line - Multishot Device 1290 Shots � 7 Total of Pyrotechnic Devices 1,290 � Grand Finale Description Quantity �+ 1 ♦ 2.5" Souza Designer Finale Shells 216 +�•.��+�.+.� ♦ 3" Souza Designer Finale Shells 75 `!"� ♦ 4" Souza Designer Finale Shells 30 ♦ 5" Souza Designer Finale Shells 9 'i*rti ♦ 6" Souza Designer Finale Shells 6 Total of Grand Finale 336 �+ Grand Total 2,096 3P �N 1 y;s Page 4 RPR-22-2005 16: 11 �R0 SPECTACULARS, INC • 909 355 9613 P.02 1. In the event the Display substantially complies with the scope of the work but does not begin by 9:05 pm PDT on July 4, 2005, as a result of the sole negligence of Pyre. Pyro shall credit Purchaser $50.00 for each full minute of delay up to $2,000.00. 2. Additionally, in the event the Display substantially complies with the scope of work but is interrupted as a result of the sole negligence of Pyro, Pyro shall credit Purchaser $50.00 for each full minute of interruption up to $1,000.00. An interruption resulting from the malfunction of one or more fireworks devices, including interruptions resulting from injury or damage caused thereby, shall not be considered to result from the negligence of Pyre,for the purposes of this paragraph. 3. In the event the Display substantially complies with the scope of work but fireworks in excess of the industry standard 3% fail to fire, Pyro shall credit Purchaser with the fitll list value of the product that failed to fire in excess of 3%. 4. In the event that the Display fails to substantially comply with the scope of work. Pyro shall credit Purchaser with up to 25% of the Display price. Such credit shall be inclusive of any credits set forth in paragraphs 1,2 and 3. 5. Nothing in this parabnaph shall prevent the parties from reaching agreement that all or a portion of the credits may be in the form of enhancements to future displays. ATTACHMENT _ 1 4,J CL .W �'' t' m An CL V • j N caC jig r � f >x •M.�••�.ly Y•NN••1•Y••11'1••••'•YYf TYNYYI C u } •••11,. •',f r Nee I.1j ���•`, h e �,+, •11.1,+ .06�•,•_• 16 •fir y y�'~•w•�•�.!•1`' `• J� -IA •' ,:*R1. ,�•11• 32400 PASEO ADEIJ+NTO � � MEMBERS OF THE CIN COUNCIL SAN JUAN CAPISTRANO,CA 92675 (949)493-1171 SAME BATHro (949)493-1053 EAx m[XXX61 DIANE HART 61ANSX[0 1961 DOES HART www.sanjuancapistrano.org V)6 doe soro DAVID M.SWERDLIN May 4, 2005 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On May 3, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of Agreement Extension for the 2005 4th of July Celebration Fireworks Sky Concert (Pyro Spectaculars/San Diego Fireworks)" Item No. D7. The following action was taken at the meeting: Agreement extension for the 2005 4th of July Celebration Fireworks Sky Concert to Pyro Spectaculars/San Diego Fireworks, in the amount of$26,000, approved. The following documents are in the process of being executed: Agreement extension for the 2005 4th of July Celebration Fireworks Sky Concert. If you have any questions regarding this action, please contact Karen Crocker, Community Services Director at 443-6389 for more detailed information. Thank you, MMitaf Orti Deputy City Clerk Cc: Sam Bruggema, PyroSpectaculars/San Diego Fireworks Producer*; Karen Crocker, Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 pored on recycled paper �Sao 32400 PASEO ADEI—ANTO �% MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 iq SAMO DIANE (949)493-1171 �j� E TH BA (949)493-1053 FAX t� In[o AVa RRim OATE fSTAflI$XfA 1961 WYATT HART www.sanjuancapi.5trano.org 1776 JOE SOTO • Onvlo M.swEROUN NOTIFICATION OF MEETI OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on May 3, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of Agreement Extension for the 2005 4th of July Celebration Fireworks Sky Concert (Pyro Spectaculars/San Diego Fireworks)" — Item No. D7 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, May 2, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Karen Crocker, Community Services Director. You may contact that staff member at (949) 443-6389 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas(cDsanivancapistrano.org. Meg Monahan, CMC City Clerk cc: Sam Bruggema, PyroSpectaculars/San Diego Fireworks Producer*; Karen Crocker, Community Services Director * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future C*Pnmen on recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO.CA 92675 jy' 'u[IANIIIFI MEMBERS OF THE CITY COUNCIL (949)493-1171 • n17761 1961 SAM ALLEVATO (949)493-1053 FAX • • DIANE L.BATHOATE ❑'11'11:3(!R%![[[ltC(!(lLP!l'CUto.Ul f HART JOE SO • • JOE 5070 DAVID M.SWERDLIN May 6, 2005 Sam Bruggema Pyro Spectaculars/San Diego Fireworks PO Box 900186 San Diego, CA 92190 Dear Sam: It's been nice speaking with you recently ... It's great to be back! I've spoken with Brian Heeley (I'm not sure of the spelling of his last name) at Orange County Fire Authority, who is our contact this year. He's aware that Pyro will be providing our 4`" of July show this year. This letter is to provide follow-up regarding insurance documents that the City will need from Pyro. Those documents include (please see attached): • Certificate of insurance for public liability and property damage, minimum sum of$1,000,000 AND provide the City with a liabili endorsement form naming the City of San Juan Capistrano, its elected and appointed officials, employees and servants as additional insureds. Also to be included on certificate AND endorsement: - South Coast Farms - Orange County Fire Authority • Proof of Workers Compensation coverage for all employees as required by State laws governing fireworks displays • Proof of Automobile Insurance coverage for vehicles driven associated with this event It's great to be working with you again this year. If you have any questions, or if I can be of any assistance, please call me at 949-443-6390. 1 can also be reached via e-mail at levans�san ivancaoistrano.orgivancaoistrano.org Sincerely, Linda Evans Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future • ,� r :; CITY OF SAN JUAN CAPISTRANO YEAR 2004 4TH OF JULY FIREWORKS DISPLAY SCOPE OF WORK Electronically Fired Show With Choreographed & Synchronized Music Not To Exceed $25,000 Proposals shall be evaluated based on the contractor's satisfactory and reliable performance history, compliance with Scope of Work, quality of proposed aerial display, the impact of pyrotechnic effects, and the length, pacing, and music proposed for the show. Contractor To: • Submit a proposal for an aerial display that includes the following, using a minimum shell size: 3•, and maximum shell size: 6• to provide a 20-25 minute show: • Opening Finale • Main Program • Closing Finale _, Please ensure that the proposal is divided into the three (3) cai"uo,wa specify what would be included within each category • Provide a written description of the company's policy for monetary compensation to the City when, due to the company's actions (or inactions): - the aerial display does not begin on time, or there is a delay during the show -the show does not comply with the scope of work and/or the bid package that was submitted by contractor and approved by the City -there is a modification to the show, even though the show began on time and there were no delays during the show -even though the correct amount of shells are delivered, all the shells are not fired Provide licensed pyrotechnic operator and crew; transportation of crew and all supplies and materials to and from event. Operator and crew will be responsible for all site preparation and site cleaning, including removal of debris associated with the display. City will not accept responsibility for advance storage of fireworks and/or vehicle(s) • Schedule operator and crew adequate time for set up; schedule adequate time for take-downidean-up of the firing site and fall-out area immediately after the show and the following morning coordinate with the Orange County Fire Authority and comply with all regulations Attachment 1 Schedule representative(s)to meet on site with City staff and Fire Authority prior to event to coordinate event details Provide music that is choreographed and synchronized to the aerial fireworks show. Music is to be provided to City via both a DAT and a back-up CD Provide a 20-25 minute show: be responsible for the timely completion of all re aration work so the display will begin at its official startingtime of 9:00 pm a rsrHarafa of inv��nanre- fnr ro�hlir liahilifv and nMnAAV damage, minimum sum of $1,000,000 AM provide the City with a liability endorsement form' naming the City of San Juan Capistrano, its elected and appointed officials, employees and servants as additional named insureds. Also to be included on certificate and endorsement: South Coast Fanns, Orange County Fire Authority Provide the City with proof of Workers' Compensation Insurance- for all employees as required by State laws governing fireworks displays and proof of Automobile Insurance coverage' for all employees who will be driving automobiles associated with this event Provide references for all July 4th displays conducted for the past three (3) years in Orange County, CA. This listing will be used to determine a satisfactory and reliable performance history City To: • Provide sand, DAT and CD Players, Clear-Com communication system, sound system, suitable firing site, and City liaison. Terre: • The term of the agreement with the selected contractor shall include the year 2004 aerial fireworks display. This agreement may be extended upon mutual agreement of the parties without further action by City or Contractor for two (2) additional years, to include the years 2005 and 2006 4th of July aerial fireworks displays, if there has been no breach of contract and the City determines there was satisfactory performance at the previous year's Fourth of July Celebration. Notification to exercise the contract extension shall be provided by both parties within one hundred twenty(120)days following the 2004 and 2005 Fourth of July Celebrations. -Must be received by City minimum of 21 working days prior to the event t� Saaa Fireworks Ambassadors to the World James R.Souza President May 11, 2005 City of San Juan Capistrano Karen Crocker 25925 Camino Del Avion San Juan Capistrano, CA 92675 Dear MS. Crocker, Please find enclosed the Revised General Liability Certificate, Endorsement, Auto Liability, and Workers Comp. covering your fireworks display on July 4, 2005. Should you have any questions, please do not hesitate to contact our office at (888) 477-PYR0. Thank you, Sincerely, Pyro Spectaculars, inc. Aaron Beargeon Customer Service Representative /ab Enclosure P.O. Box 2329 • Rialto, CA 92377 9 Phone: (909) 874-1644 or (888) 477-PYRO 0 Fax: (909) 355-9813 D A ON INSURANCE BROKERS,%C. 2500 CENTER POINT ROAD,SUITE 301 POST OFFICE BOX 94067 BIRMINGHAM,ALABAMA 35215 BIRMINGHAM,ALABAMA 35220 TELEPHONE: (205) 854-5806 FAX: (205) 854-5899 CERTIFICATE OF INSURANCE NO. 551331(Revised) We certify that insurance as outlined below is afforded the Named Insured under policy CA000002771-19 issued by Admiral Insurance Company. NAMED INSURED Pyro Spectaculars,Inc. PPA Spectaculars Pyro Events,Inc. North American Fireworks Co.,Inc.(NAFCO) Astro Pyrotechnics,Inc. San Diego Fireworks P.O.Box 2329 Pyro Spectaculars Canada,Inc. Rialto,California 92377 PERIOD January 13,2005 to January 12,2006; Both days inclusive. COVERAGE Commercial General Liability. Covering against the legal liability of the Named Insured for Bodily Injury and Property Damage caused by,or arising from,the preparation for,the firing of,or the clearance following fireworks display(s)stated below. LIMITS OF A) Each Occurrence $1,000,000 LIABILITY B) General Aggregate $2,000,000 C) Products&Completed Operations Aggregate $2,000,000 The addition of more than one insured does not serve to increase the limits of liability. Aggregate limits shown may have been reduced by paid claims. It is certified that,in accordance with,and subject in,the terms of the above policy, the following SPONSORS AND PROPERTY OWNERS AND LICENSING AUTHORITIES are included as Additional Insured(s),but only in respect of the legal liability of such Additional Insured(s) for Bodily Injury and Property Damage caused by the operations of the Named Insured in connection with the firing of the fireworks display(s) stated below. The insurance afforded any Additional Insured does not include coverage for any injury or damage arising from the failure of such Additional Insured to fulfill its obligations specified in its contract with the Named Insured. NAME&ADDRESS OF INSURED SPONSORS PROPERTY OWNERS,LICENSORS City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano,California 92675 ADDITIONAL INSURED(S): City of San Juan Capistrano, and County of Orange,and Orange County Fire Authority, and South Coast Farms, and their officers, agents and employees when acting in their official capacity as such. DISPLAY LOCATION DISPLAY DATE(S) San Juan Capistrano Park Agriculture July 4,2005 Preserve Strawberry Field This insurance applies automatically if the described display is fired on any alternative date because of cancellation on the date shown due to weather or other cause; however,IN NO EVENT WILL COVERAGE APPLY TO BODILY INJURY OR PROPERTY DAMAGE SUSTAINED AFTER January 12,2006. This certificate is not an insurance policy and does not in any way amend,extend or alter the coverage afforded by the policy listed above. For particulars conceming the terms,exclusions and conditions of such policy each Additional Insured is referred to the policy documents in the possession of the Named Insured. Should the above described policy be cancelled before the expiration date thereof,the issuing company will mail 30 days'prior written notice to the above named Additional Insured. DRAYTON INSURANCE BROKERS,INC. May 11.2005 DATE OF ISSUE J.STRINGER, PRESID CALIFORNIA LICENSE O.OA18664 DRAYTON INS. BROKERS Oax-205-854-5899 Mar 2265 12:20 P.03/04 Policy Number:CA000002771-19 Al 08 76 02 03 No: 13 Effective Date:01/13/2005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE BEAD IT CAREFULLY. F This endorsement modifies insurance provided under the?0A00 '{} fI j5 i� COMMERCIAL GENERAL LIABILITY COVE ' COMMERCIAL,PROPERTY COVERAGEP K aM PROFESSIONAL LIABILITY COVERAGE PAT It is agreed the following are included as additional in iu ds he $jriSditI Sponsors,landowners,bargeowners and/or licensing kthonhes with respect to opOSations'of die named insured in connection with the preparation for,the firing of,or cleanup following forel s display :performid by the named insured or the named nsured's employees,and to whom certificates)of Insurance are'issued w6i )t spiCify dates)and location(s)of such displays. The coverage afforded such Additional Insureds does not;apply to.injury or damage arising 6om the failure of any such Ad- ditional Insured to fulfill its obligations specified in its con tiact,with.theNamed Insured. Al 08 76 02 03 Page 1 of I OLICYHOLDER COPY STATE P O BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-14-2004 GROUP: POLICY NUMBER: 0803749-2004 CERTIFICATE ID: 67 CERTIFICATE EXPIRES: 10-14-2005 10-14-2004/10-14-2005 CITY OF SAN JUAN CAPISTRANO SO JOB: ALL OPERATIONS 2595 CAMINO DEL AVION SAN JUAN CAPISTRANO CA 92675 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. � - X" C . AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-14-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEGAL NAME PYRO SPECTACULARS, INC. PYRO SPECTACULARS, INC. PO BOX 2329 RIALTO CA 92377 (REV.3-031 PRINTED: 08/17/2004 P0410 "ACQBD. CERTIFICA OF LIABILITY INSURA E °111 9�0 PRODUCER (909)793-2373 FAX (909)798-6983 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Davis A Graeber Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 470 E. Highland and Ave. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 40 Redlands, CA 92373 INSURERS AFFORDING COVERAGE NAIC# INSURED Pyro-Spectaculars, Inc. INSURERA: National Continental Insurance C mpany P.O. Box 2329 INSURER B: Rialto, CA 92376 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINI ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR NMI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MWDOM) DATE fflwn� GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S CLAIMS MADE ❑OCCUR MED EXP(Any one person) S PERSONAL A ADV INJURY S GENERAL AGGREGATE f GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY CP6901385-4 11/13/2004 11/132005 COMBINED SINGLE LIMIT (Ea aWdent) S X ANY AUTO 5,000, ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S A X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per acddent) PROPERTY DAMAGE S Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC f AUTO ONLY: AGG $ EXCESSIUMBRELLA LVAILRY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE f S DEDUCTIBLE f RETENTION $ S TH WORKERS COMPENSATION AND WC MATT FIR EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT f OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S K yes.describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER —T DESCRIPTION OF 9PERATION /LCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Operations of t9e Named Insured A 10 Day Notice of Cancellation Applies for Non-Payment of Premium ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of San Juan Capistrano 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Linda Evans BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 25925 Camino Del Avion OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, San Juan Capistrano, CA 92675 AUTHORIZED REPRESENTATIVE Ross Jones GEC ACORD 25(2001/08) OACORD CORPORATION 1988 t 32400 PASEO ADELANTO MEMBERS OF THE CITU COUNCIL SAN JUAN CAPISTRANO,CA 92675 i ILVi� SAM (949)493-1171 IA[OAPAAAIAO DIANEE BATHGATHGATE (949)493-1053 FAX • [{IAudAAA 1961 VYYATT HART www.sanjuancapistrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN May 31, 2005 Pyro Spectaculars, Inc. PO Box 900186 San Diego, CA 92190 Attention: Sam Bruggema Dear Mr. Bruggema: An original, executed City Council approved agreement related to display agreement related to 4th of July fireworks. Thank you for forwarding the required insurance documentation. You may proceed with work under this agreement in coordination with Karen Crocker, Community Services Director (949) 443-6389. Thank you, v � Meg ona in, CMC Cit Clerk cc: Karen Crocker, Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future ej Printed on recvcted pacer