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08-0603_PYRO SPECTACULARS, INC_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of June, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pyro Spectaculars, Inc. (hereinafter referred to as "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor to provide an aerial fireworks sky concert display on the 4th of July; and WHEREAS, Contractor has represented itself as being capable of providing such service. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Contractor and The City shall consist of those tasks as set forth in Exhibit A, (Contractors Display Agreement and Program B, which are attached hereto and incorporated herein by this reference as though set forth in full). Each party warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed as set forth in the Exhibit A. Section 3. Compensation and Pricing. 3.1 Amount, Payment Schedule, and Credit. Compensation shall be payable as set forth in Exhibit A. Any Credit due the City shall be made as follows: • In the event the Display substantially complies with the scope of work as set forth in the Exhibit A but does not begin by 9:05 p.m., PDT on July 4, 2008, as a result of the sole negligence of Pyro Spectaculars, Inc. Pyro Spectaculars, Inc. shall credit Purchaser $50 for each full minute of delay up to $2,000. • In the event the Display substantially complies with the scope of work as set forth in Exhibit A, but is interrupted as a result of the sole negligence of Pyro Spectaculars, Inc., Pyro Spectaculars, Inc. shall credit Purchaser $50 for each full minute of interruption up to $1,000. 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 Pyro Spectaculars, Inc. for the purposes of this paragraph. • In the event the Display substantially complies with the scope of work as set forth in Exhibit A, but fireworks in excess of the industry standard 3% fail to fire, Pyro Spectaculars, Inc. shall credit Purchaser with the full list value of the product that failed to fire in excess of 3%. • In the event that the Display fails to substantially comply with the scope of work as set forth in Exhibit A, Pyro Spectaculars, Inc., 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. • Nothing in this paragraph shall prevent the parties from reaching agreement that all or a portion of the credit may be in the form of enhancements to future displays. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent Contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Familiarity with Work and Display Site. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 7. Compliance with Law. Contractor shall comply with all existing applicable laws, ordinances, codes and regulations of federal, state and local government. Section 8. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 9. Indemnity. Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages, for injury or death of any person or damage to property or interference with use of property to the extent such arises from or in connection with the work, operation or activities of Contractor, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 10. Insurance. Insurance required herein shall be provided by authorized Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. Contractor is to provide City with copies of the following: 10.1 Commercial General Liability. (See Exhibit A) 10.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: $5,000,000 combined single limits per occurrence property damage and personal injury. 10.3 Worker's Compensation. Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statuary amount as required by state law. 10.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Contractor's general liability policy to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 10.5 Notice of Cancellation/Term!nation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage/s reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 11. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Attn: Karen Crocker, Community Services Director To Contractor: Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Attm Sam Bruggema, Show Producer Section 12. Entire Agreement. This Agreement and Exhibit A constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: I _ I 111 15 0 • :.- 0 Joe Foto, Mayor CAPISTRANO r By: 0imeSs pectaculars, Inc. Exhibit: Exhibit A, Display Agreement & Program B Today's Date: (,/S/0 g CIP No. (if any): Transmittal Routing (Check All That Apply) ® City Attorney ❑ , City Manager ® City Clerk CONTRACT TRANSMITTAL(^��j Project Manager's Last Name: Alexander Phone Extension: 6395 Council or CRA Meeting Date (if applicable): 06/03/08 APPROVING AUTHORITY: (Check One) ❑ 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: (Not necessary if information is included in the contract) Names Street IONSt Zi OTHER INSTRUCTIONS: 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Sam Bruggema Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 DATE: June 18, 2008 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CIN COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO RE: Personal Services Agreement — Aerial Fireworks on July 4", 2008 Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please contact me at (949) 443-6309. If you have questions concerning the agreement, please contact Cynthia Alexander, Community Services Manager (949) 443-6395. An original agreement is enclosed for your records. Cc: Cynthia Alexander, Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future 10 Printed on 100% recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org June 5, 2008 Pyro Spectaculars, Inc. PO Box 2329 Rialto. CA 92377 Attn: Sam Bruggema, Show Producer Dear Mr. Bruggema: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NEILSON JOE SOTO DR. LONDRES USO A Personal Services Agreement related to providing aerial fireworks sky concert display on July 4, 2008 is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 10. Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Cynthia Alexander, Community Services Manager (949) 443-6395. Please call Maria Morris,, Deputy City Clerk (949) 443-6309 if you have questions regarding the forms of insurance needed. Thank you MMC cc: Cynthia Alexander, Community Services Manager Karen Crocker, Community Services Director San Juan Capistrano: Preserving the Past to Enhance the Future 10 Pnmea mlBo% recycled Papel 6/3/2008 AGENDA REPORT D 10 TO: Dave Adams, City Manager FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of Award of Contract for the 2008 4th of July Celebration Fireworks Sky Concert (Pyro Spectaculars, Inc.) RECOMMENDATION: By motion, approve a one (1) year contract for the 2008, 4th of July Celebration Fireworks Sky Concert to Pyro Spectaculars, Inc., in the amount of $30,000. SITUATION: A. Summary and Recommendation The City of San Juan Capistrano hosts an annual aerial fireworks display as part of the 4th of July Celebration that is conducted at the San Juan Capistrano Sports Park. Staff has solicited formal bids for an electronically fired aerial sky concert to be choreographed and synchronized to music. A Request for Proposal (RFP) was sent to four (4) recognized fireworks companies. Staff is recommending the contract be awarded to Pyro Spectaculars, Inc., not to exceed $30,000. B. Backaround The Request for Proposals was sent to Pyro Spectaculars, Inc., Lantis Fireworks & Laser, Fireworks & Stage Fx America, Inc. and Zambelli Fireworks Internationale. Staff received bids from Pyro Spectaculars, Inc. and Zambelli Fireworks Internationale whose cost proposals were comparable, but varied in product (Attachment 1). Pyro Spectaculars, Inc.'s bid proposal includes 2,136 shells where Zambelli Fireworks Internationale's total shell count is 1,280 for $30,000. Although Zambelli Fireworks Internationale has a greater amount of larger shells (4" to 6"), Pyro Spectaculars, Inc. intersperses 1,386 1 %2" shells within the larger shells, which ultimately provides for a more elaborate and colorful display. The other two companies did not submit bids. The proposed Personal Service Agreement (Attachment 2) includes a Display Agreement, Scope of Work and Display Checklist with Pyro Spectaculars, Inc. (Exhibit A). The Agreement will be valid only for the 2008 event. Pyro Spectaculars, Inc. has been providing the City of San Juan Capistrano with outstanding fireworks shows throughout the years. Staff has received numerous compliments from residents regarding the quality of the aerial show that this company has provided. Pyro Spectaculars, Inc. is a well-qualified fireworks company that has complied with the City's performance standards in past years. The event will be held on Friday, July 4, 2008, Agenda Report Page 2 June 3, 2008 from 4:00 p.m. -9:30 p.m., at the San Juan Capistrano Sports Park. The celebration will coordinate with the aerial firework display at 9:00 p.m. The day's festivities will include food and information booths that are sponsored by community-based, non-profit organizations. There will also be kid -friendly inflatable attractions, family participation games, live stage entertainment, and a fireworks sky concert. COMMISSION/BOARD REVIEW, RECOMMENDATION: This item was presented to the Parks, Recreation and Equestrian Commission at their meeting on April 21, 2008. The Commission voted to forward to City Council a recommendation of approval for this agreement. FINANCIAL CONSIDERATIONS: The annual fireworks display is a budgeted item. Half of the $30,000 ($15,000) will be paid from the current fiscal year's budget, with the remaining half being included in the proposed budget for fiscal year 2008-09. NOTIFICATION: James R. Souza, President, Pyro Spectaculars, Inc." Sam Bruggema, Pyro Spectaculars, Inc.' Mailed copy of agenda report RECOMMENDATION: By motion, approve a one (1) year contract for the 2008, 4th of July Celebration Fireworks Sky Concert to Pyro Spectaculars, Inc., in the amount of $30,000. Respectfully submitted, Karen Crocker Community Services Director Prepared by, jn?hia Alexander Interim Community Services Manager Attachments: 1. Zambelli Fireworks Internationale and Pyro Spectaculars, Inc. Proposals 2. Personal Services Agreement 3. Location Map 02/05/2008 14: 48 6617462844 ZAMBELLI WE'_T �`c, E 01/05 u.s conrvR.ln•c Pn 9CIw laG3 N.w CA•Jac Pn lelpp ann I.G n3o7 72. G6w-661 1 I i4.Giw wC 1 ® rn• ..nL.Yf 1,w wlLlpry 99 Nw !,1mp iGPPncf- Gw.c I Io nocn RIO-. R 339@7 woo-G6C'C766 561.375 17on rnr wcr.. r-cmn.� PCMO.7F6 S ­ "C' C. 931L3 npCq Ji.'/ � e 661Oa6�4..4 LL I �7aG2 11 w February 5, 2008 W ZAMBELLI F I R E W O R K S INTERNATIONALE Ms. Cynthia Alexander Interim CommunityServices Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 9267.' Dear Ms. Alexander. As promised, here is a very baste proposal which 1 belicvc meetf, the =peoficauons you outlined in your RF13 Should you desire such, I will be pleased to prepare you a more Iormal presentation, however the pertinent items are addressed herein You will note that there are hvo Summaries provided. One which is Acri,il only and the other Aerial & Low Level. Both programs arc $30,000 and we will hold that price firm for the duration of the contract with one exception . The Orange County fire Authority has been reviciving and adlushng then- fee schedule and what this will be h-orn year to year we carinot predict Should their fee rise again - we will have to adjust the agreement accordingiv. Should you have need for additional information or documentation please feel free to contact me at 800 322-7142. Manager Evms99/12/17 page1 ATTACHMENT 1 02/05/2008 14:48 6617462844 2AMBELLI WEST F"GE 02/05 References .zoos Thunder Over I.owv,ille, k, imirkq hr, hq Mr. Wayne Hettinger 10420 Covered Bridge Road Proc ct, KY 461159 5 12 22A-6(180 _ I.A Rench" orid Hai horc Ms- Catena Love 13837 Fiji Way Marina del Rey, CA 90292 310 305-9511 CNnrncl I eland s Ms. Michele Gilmour 3900 Pelican W ay Oxnard, CA 93035 A05 A82-3(113 Las VeCns Philharmonic Mr- Keith R. Neel 1289 S. Torrey Pines Drive Us Vegas, NV 89146 702 2S8-5438 Suncona Hotel Cosmo - Coat Rrror ie Mr. David Roan 9090 Alta Drive las Ve OR, NV 8914.5 70 636-7111 tian Gennnio Fent/ Mr. Anthony Palmisnnn 3675 South Rainbow Blvd 4107-131 Las Vegas, NV 89103 702 286.4044 Thr Monte Fwie Ms. KIm Gallick 783.39 Rio del Mar Blvd Apt0s, CA 95003 R31 685-3317 INI ERNATI O NA LE I:,rrrr.m County fair Ms Barbora Rnenier-Quaid 10W I-larbor Blvd. Ventura. CA 93001 805 207.7667 Tcrnhlrs Hold N Cnsmn Mr Mark Sterbins, Jr. 4101) S Paradise Road Las VCas, NV 89119 701 733-70(x) The Quern Mary Mr John Adamson 1126 Queens Highway LonBeach. CA 9(IH(12 k62 499-16011 Wild Nnr.e Rrsnrf Ms Michelle liberty 72777 Highway 331 Pendlelun, OR 97801 541 066-1510 References 2oo8 Mmu+r Rushnnwr Vnnnnni Ahn,o , N1F Diana Saathntf 825 5t Joseph 5trect, 3rd Flnor Rapid Cityy 50 97'm 605 5742523 41'I /inlrl/(n.rrro Mr Fred Mu,rhaad P.O. Box 99020 Lat hlin, N`V 77011 702 515-5530 kn0117 Rcr,r, Fn,m Mr. Charles Bradshaw' A1139 Beach Boulevard Buena Park, CA 90620 714 22nA002 i aur+ Mnrtnn lbinei v ?4F CaroJy ltarhnl PO Box t 2 Saint Helena, CA 94524 800 321 -WIFE i rtu nll6rnn nk+rn+t !{ronin Ms Naida OFhne 2000 Main Sheet Huntington BeacN CA 9264&3763 714 374-5312 TarCnn/Nrnr POlms Marin( Bnsr Mr. Ruben L.. Miller MAGTFTC 'NCAGCC, Box 788100 Twentynine Palms, CA 92278-8100 760 •430.5053 F.dtvnnds 4u Frntc Bncr Mr. Nicholas Condos SSouth Wolk Avenue Ed,; ar& AFB, CA 91524 I1kS 661 2-7 9116 S000ba Casino Ms. Tani Rubio 2.3333 Soboba Road, P.O. Brix 817 San Inantn, CA 92581 606 654.2883 MR Sheryl Parks 4.14u Duffer Drive 5te 1311 NelhsAFB, Nti' 891 Q1 702 652.2900 02/05/2008 14:48 6617462844 ZAMBELLI WEST 'a„E 03/05 ZAMBELLI F I R E W R K S INTERNATIONALS NARRATIVE SOME THOUGHTS CONCERNING COMPARING AERIAL xND LOW LEVEL FIREWORKS THESE ARE NOT the comparable items and ground devices should not be compared to, or against, aerial shells 1) Aerial Shells are lifted high into the sky where they break open With 10's of dozens and even hundreds of stars creating a multitude of effects and colors. 2) Ground devices are typically clusters of many small tubes - each one firing one or two items (.stars) into the sky Usually they am best used in multiples and each individual device usually contains less material in total than the most basic aenal shell 3) Ground Devices are usually identified in a proposal either by the number of SHOTS or by the total number of STARS contained in the device. Therefore - a 49 shot cake can be counted as I device or as 49 stars (sometimes referred to asfe fects 4) We suggest using the cakes configured as a front line to the display. A pyrotechnic Chorus Line! Thus - in our proposal - 15 cakes would be fired as 3 individual front Line events during the show. Each firing has @ 15-20 second duration and is typically fired with matctung ac -nal effects display above by the aerial shells. 5) CANDLES - or rather Exhibition Candles are very large Roman Candles which product the traditional Roman Candle effect but in a very large - and very high - version. With firing area permitting - these devices are a great diversion to the activity of the shells and cakes. 02/05/2006 14:48 6617462844 2AMBELLI WEST �,�GE 05/05 R E W R K S INTERNATIONALE PRODUCT SUMMARY AND QUOTE FORM OPENING: Description Opening Salute"ize3 —d Product: S_4j4_ Quantity Total of opening I /i MATH BODY AERIAL SHELLS DeWdption: Quantityf 6 0 Size: J!L Product: Quantity t7V Size; V Produou Qoantity /5'l Size: S' Product: Quantity/3 0 Size: E Product. _ Quantity j0 V Quantity_ f Total of Main Body-Aerlai Sheas3p PYROTMCHNIC 1DFVICU Doscription: Multi -shot Device Quantity_ Multi -shot Device Quantity --z Multi -shot Device Quantity'�/'�` Total of Pyrotnchalc Devlcee J GRAND FINALE Description Size: Product: Quantityf 6 0 Size: Product: Quanttty�_ Size: Product: Quautity_6LO Size; Product: Quantity_ f Total orCrmnd Knale ya GRAND TOTAL . xf fol- � March 25, 2008 City of San Juan Capistrano Cynthia Alexander 25925 Camino Del Avion San Juan Capistrano, CA 92675 Dear Ms. Alexander, Pyro Spectaculars is pleased to provide our pyrotechnic products and services for your July 4, 2008, July 4, 2009 and July 2010 fireworks display. We are proposing our special Sky ConcertTM Program `B" in the amount of $30,000.00. Your display is scheduled for 9:00 p.m. and will be approximately 20-25 minutes in duration. Our plan is to use the winning combination of our products, people and production capabilities to produce the best fireworks entertainment package possible. This program price includes full electronic firing, show choreography and design, a licensed pyrotechnician, permit application, insurance coverage, sales tax and delivery. City of San Juan Capistrano will be responsible for provision of security and payment of the Orange County Fire Authority permit fee and/or standby firemen fees, if any. The fire department may bill you directly for any standby fees. Enclosed you will find a Product Synopsis, Display Checklist, and Display Agreements for signature and initialing. Please have one copy of this fully executed agreement returned to our office by April 15, 2008 along with your deposit. Please take the time to review this proposal in detail. If you wish to make any changes in your program or need more information, please call either myself or your Customer Service Representative Connie De La Torre at (909) 355.8120 ext. 227. Regards, PYRO �SPECCTA ,CCULARS, INC.IN Sam Bruggema PYRO SHOW PRODUCER SB/ao PYRO SPECTACULARS, INC. 1),7 r tIeC- n1 P1000,01 for l/r g/an' S'3f /1 fO t -41` _f!. Opening Description 4 3" Souza Designer Opening Salutes Total of Openly Main Body - Aerial Shells Description 4 3" Souza Designer Selections 4 4" Souza Designer Selections 4 5" Souza Designer Selections 4 6" Souza Designer Selections 'notal of Main Body - Aerial Shells; Pyrotechriir, Devices DeSCrip`iii`ri � 1 Sousa Dazzlers Custom Mukishot Device 4 Sousa Platinum Line - Multishot Device Total of Pyrotechnic Devices Grand Finale Description t 3" Souza Designer Bombardment Shells 4 4" Souza Designer Finale Shells 4 5" Souza Designer Finale Shells 4 6" Souza Designer Finale Shells Total of b=rand Finale C 9EAity, 25 n5 Quanti % 140 140 100 100 IIN 1100 Shots 286 Shots 1,386 Q uaRtity 200 30 9 6 74! Grand Total 2,136 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of June, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pyro Spectaculars, Inc. (hereinafter referred to as "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor to provide an aerial fireworks sky concert display on the 4th of July; and WHEREAS, Contractor has represented itself as being capable of providing such service. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Contractor and The City shall consist of those tasks as set forth in Exhibit A, (Contractors Display Agreement and Program B, which are attached hereto and incorporated herein by this reference as though set forth in full). Each party warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed as set forth in the Exhibit A. Section 3. Compensation and Pricing. 3.1 Amount, Payment Schedule, and Credit. Compensation shall be payable as set forth in Exhibit A. Any Credit due the City shall be made as follows: Attachment 2 • In the event the Display substantially complies with the scope of work as set forth in the Exhibit A but does not begin by 9:05 p.m., PDT on July 4, 2008, as a result of the sole negligence of Pyro Spectaculars, Inc. Pyro Spectaculars, Inc. shall credit Purchaser $50 for each full minute of delay up to $2,000. • In the event the Display substantially complies with the scope of work as set forth in Exhibit A, but is interrupted as a result of the sole negligence of Pyro Spectaculars, Inc., Pyro Spectaculars, Inc. shall credit Purchaser $50 for each full minute of interruption up to $1,000. 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 Pyro Spectaculars, Inc. for the purposes of this paragraph. • In the event the Display substantially complies with the scope of work as set forth in Exhibit A, but fireworks in excess of the industry standard 3% fail to fire, Pyro Spectaculars, Inc. shall credit Purchaser with the full list value of the product that failed to fire in excess of 3%. • In the event that the Display fails to substantially comply with the scope of work as set forth in Exhibit A, Pyro Spectaculars, Inc., 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. • Nothing in this paragraph shall prevent the parties from reaching agreement that all or a portion of the credit may be in the form of enhancements to future displays. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent Contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontractina and Assignment. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Familiarity with Work and Display Site. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 7. Compliance with Law. Contractor shall comply with all existing applicable laws, ordinances, codes and regulations of federal, state and local government. Section 8. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 9. Indemnity. Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages, for injury or death of any person or damage to property or interference with use of property to the extent such arises from or in connection with the work, operation or activities of Contractor, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 10. Insurance. Insurance required herein shall be provided by authorized Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. Contractor is to provide City with copies of the following: 10.1 Commercial General Liability. (See Exhibit A) 10.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: $5,000,000 combined single limits per occurrence property damage and personal injury. 10.3 Worker's Compensation. Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statuary amount as required by state law. 10.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Contractor's general liability policy to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 10.5 Notice of Cancel lationfTerm!nation of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage/s reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 11. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Attn: Karen Crocker, Community Services Director To Contractor: Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Attn: Sam Bruggema, Show Producer Section 12. Entire Aareement. This Agreement and Exhibit A constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO A 0 ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Joe Soto, Mayor James R. Souza, President Pyro Spectaculars, Inc. Exhibit: Exhibit A, Display Agreement & Program B PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGREEMENT, entered into this day of 20QL by and between PYRO SPECTACULARS, INC., a. California corporation hereinafter referred to as "PYRO" and City of San duan CapWrann hereinafter referred to as "PURCHASER, 2) PYRO agrees to furnish PURCHASER, in accordance with the terns and conditions hereinafter set forth, I fireworks display as per Program B , 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 2008 at 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 fallad zone reasonably acceptable to PYRO in which the fireworks and firework debris may be exhibited, rise and fail 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 SITS. 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 PURC9ASER 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 additi onal expenses incurred because of said failure, If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display CSpectator Area") and/or an area for vehicular parking ("Parking Ares'), 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 Arra 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 PYltO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: 1) That any Spectator or Parking Areas are outside the Display Area; and J) After completion of the Display, that the Display Area is cleared of atry live firework debris originating from the program. 4) PURCHASER shall pay to PYRO the sum of THIRTY THOUSAND --------------^—----------- Dollars ( $30,000.00 1. A deposit or $15.OKOO and fire department fees approximated at S 00.00 must be paid by Awl 2008, 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 rause the cancellation of any event for which PURCHASER has purchased the display, or which may affect of -damage such porton 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 maybe safely discharged on the scheduled date and lit 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) 50% if cancellation occurs 30 to 90 days prior to the scheduled date of the display, 2) 75% if cancellation occurs 15 to 29 days prior to the date set for the display, 3) 100°DA if cancellation occurs 14 or fewer days prior to the date set for the display. If cancellation occurs 30 days or more prior to the date set for die 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 muelobirration tape production and/or sponsors logos. (continued on reverse) l=Yhihit A PYRO SPECTACULARS, INC: Display Agreement 7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual $30,000.00of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will sufi'er 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 galy, for the following risks and amounts: bodily injury and property damage, inciuding 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 Arras referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnity 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 &hail 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 orjoint 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 Coyistranot 25925 Camiao Del A*n, San Juan Capistrano, CA 92675 —July 4,2M- Program "B" 15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Doth patties aclmowledge 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 PURCHASEW 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 ofGoes 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 02L Xhilda t Here J .PRESIDENT f Purchases Is responsible for payment of Title firsclgtartmerrt pertn#and etlntlby fsi@s, 'JAMES R. O ZA PYRO SPECTACULARS, INC, t piaver to provide faring elm Title cotimatit cation, and security. PURCHASER r Price fhm tftrough Apr# 18, 2008. h� I- technk Propa l for pk too Gr2-nd Total 2,136 Opening Description ouantity 4 3" Souza Designer Opening Salutes 25 Total of Open— 25 h5ain Body - Aerial Shells Description auanff 4 3" Souza Designer Selections 140 4 4" Souza Designer Selections 140 4 5" Souza Designer Selections 100 4 6" Souza Designer Selections 100 Total of lifiain Body -/serial Shells- 480 f yrotechrik, Devices 29ka ptiy_ I a iEa f S`cIt Sousa Dazzlers Custom Mullishot Device 1100 Shots Souse Platinum Line - Multishot Device 286 Shots Total of Pyrotechnic Devices 1,386 Grand Finale Description G3 antf f 4 3" Souza Designer Bombardment Shells 200 4" Souza Designer Finale Shells 30 4 5" Souza Designer Finale Shells g { 6" Souza Designer Finale Shells 6 Total of Grand Finale 241". Gr2-nd Total 2,136 Display Checklist C1W of San .Tuan Capistrano Agneas to,- Ll o:Ll Return contract by April 15, 2008. ❑ Send 50% deposit to arrive by April 15, 2008. ❑ Send balance of payment to arrive by July 7, 2008. ❑ Provide suitable firing site. ❑ Provide security. ❑ Provide two-way communication to the pyrotechnician. to: 1XIManufacture, supply, insure, ship, install, fire, and tear down all r - display materials. [AProvide general liability insurance and transportation insurance in the amounts of $1 million and $5 million respectively, as well as c,� workers compensation coverage. IdApply for all federal, state, and local fireworks display permits and licenses as required by law. Provide a licensed pyrotechnic operator and crew. Provide all necessary pyrotechnic equipment. Attachment 3 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 FAx www.sanjuancapistrano.org MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOESOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, June 3, 2008, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Contract for the 2008 4th of July Celebration Fireworks Sky Concert (Pyro Spectaculars, Inc.)" — Item No. D10. 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 the City Clerk's office by 5:00 p.m. on Monday, June 2, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "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 Cynthia Alexander, Interim Community Services Manager. You may contact that staff member at (949) 443-6395 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaoistrano.oro. 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: citvclerk(a)sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: James R. Souza, President Pyro Spectaculars, Inc'; Sam Bruggema, Pyro Spectaculars Inc`; Karen Crocker, Community Services Director; Cynthia Alexander, Interim Community Services Manager Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future Olt Printed on ioa°o recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX wwwsanjuancapistrano. Org June 5, 2008 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOESOTO DR. LONDRES USO On June 3, 2008, the City Council of San Juan Capistrano met regarding: "Consideration of Award of Contract for the 2008 4th of July Celebration Fireworks Sky Concert (Pyro Spectaculars, Inc.)" Item No. D10. The following action was taken at the meeting: A 1 year contract for the 2008 4th of July Celebration Fireworks Sky Concert, in the amount of $30,000, awarded to Pyro Spectaculars, Inc. If you have any questions regarding this action, please contact Cynthia Alexander, Interim Community Services Manager at (949) 443-6395 for more detailed information. Thank you, ,MMC Clerk Cc: James R. Souza, President Pyro Spectaculars, Inc*; Sam Bruggema, Pyro Spectaculars Inc*; Karen Crocker, Community Services Director; Cynthia Alexander, Interim Community Services Manager Scan Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper SUPPLEMENTAL AGENDA REPORT TO: Dave Adams, City Manager 9 V, FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of Award of Contract for the 2008-2010, 4t" of JUly Celebration Fireworks Sky Concert (Pyro Spectaculars, Inc.) RECOMMENDATION: Take no action. Staff is withdrawing this report for consideration from agenda. Respectfully submitted, cva L d I, Karen Crocker Community Services Director 5/20/2008 5/20/2008 AGENDA REPORT D6 TO: Dave Adams, City Manager 5't'" FROM: Karen Crocker, Community Services Director SUBJECT: Consideration of Award of Contract for the 2008-2010, 4`" of July Celebration Fireworks Sky Concert (Pyro Spectaculars, Inc.) RECOMMENDATION: By motion, approve the three (3) year contract for the 2008-2010, 4th of July Celebration Fireworks Sky Concert to Pyro Spectaculars, Inc., in the amount of $30,000. SITUATION: A. Summary and Recommendation The City of San Juan Capistrano hosts an annual aerial fireworks display as part of the 4th of July Celebration that is conducted at the Sports Park. Staff has solicited formal bids for an electronically fired aerial sky concert to be choreographed and synchronized to music. A Request for Proposal (RFP) was sent to four (4) recognized fireworks companies. Staff is recommending the contract be awarded to Pyro Spectaculars, Inc., in the amount of $30,000 for July 4, 2008, and for the following two (2) years, 2009 and 2010, with an addendum to the display agreement not to exceed a 5%/year increase due to insurance, product, labor, tax, and duty and/or transportation costs. B. Background The Request for Proposals was sent to Pyro Spectaculars, Inc., Lantis Fireworks & Laser, Fireworks & Stage Fx America, Inc. and Zambelli Fireworks Internationale. Staff received bids from Pyro Spectaculars, Inc. and Zambelli Fireworks Internationale whose cost proposals were comparable, but varied in product (Attachment 1). Pyro Spectaculars, Inc. provided more shells at the same cost with a condition not to exceed a possible 5%/year increase in 2009 and 2010 for the program. Pyro Spectaculars, Inc.'s bid proposal included 2,176 shells. Zambelli Fireworks Internationale's total shell count was 1,254 for $30,000 with possible increases of fees/permits to be added to the following 2009 and 2010 program (amount of increase not specified). The other two companies did not submit bids. The proposed Personal Service Agreement (Attachment 2) includes a Display Agreement, Scope of Work and Display Checklist with Pyro Spectaculars, Inc. (Exhibit A).The Agreement will be valid for the 2008, 2009, and 2010 events. Agenda Report Page 2 May 20, 2008 Pyro Spectaculars, Inc. has been providing the City of San Juan Capistrano with outstanding fireworks shows throughout the years. Staff has received numerous compliments from residents regarding the quality of the aerial show that this company has provided. Pyro Spectaculars, Inc. is a well-qualified fireworks company that has complied with the City's performance standards in past years. The event will be held on Friday, July 4, 2008, from 4:00 p.m. -9:30 p.m., at the San Juan Capistrano Sports Park. The day's festivities will include food and information booths that are sponsored by community-based non-profit organizations, kiddie inflatable attractions, family games, live stage entertainment, and an aerial fireworks sky concert. COMMISSION/BOARD REVIEW, RECOMMENDATION: This item was presented to the Parks, Recreation and Equestrian Commission at their meeting on April 21, 2008. The Commission voted to forward to City Council a recommendation of approval for this agreement. FINANCIAL CONSIDERATIONS: The annual fireworks display is a budgeted item. Half of the $30,000 ($15,000) will be paid from the current fiscal year's budget, with the remaining half being included in the proposed budget for fiscal year 2008-09 and the payment for this three (3) year contract will continue the payment procedure. NOTIFICATION: James R. Souza, President, Pyro Spectaculars, Inc.* Sam Bruggema, Pyro Spectaculars, Inc. * * Mailed copy of agenda report RECOMMENDATION: By motion, approve the three (3) year contract for the 2008-2010, 4th of July Celebration Fireworks Sky Concert to Pyro Spectaculars, Inc., in the amount of $30,000. Respectfully submitted, Karen Crocker Community Services Director Pre ared by, C nthia Alexander Interim Community Services Manager Attachments: 1. Zambelli and Pyro Spectaculars, Inc. Proposals 2. Personal Services Agreement Location Map 02/05/2008 14:48 6617462844 ZAMBELLI WE' -.T :.ISE 01/05 1nL4 L LL4/,1 Ll— PC 9ny 1.63 NCw CAJTLC PA 1—c0 moo "is 0399 12. 6se 661 1 92. Gse ea 19 r^. 4011'111N .1010« 299 Nw 5211. Tc..^cc 6,.1. 1 10 FOC^ RATON. rL 33407 GOOSSM 09SS nt eJC 561305,1900 row wcr.rP1. rr P1o.1 vo 9n� OF6 6 urTcn C. 9]203 non.p i.. / 1 n� 661 94 .4. =1 LL 194G'2 y r February 5, 2008 ra C3 ZAMSELLI FI R E W O R K S ,NTERNATIONALE Ms. Cynthia Alexander Interim Commuiuty Services Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Ms. Alexander. As promised, here 1s a very basic proposal which 1 believe meets the �peclhcauons you outlined 1n your RFB Should you desire such, I will be pleased to prepare you a more Int -mal presentation, however the pertinent items are addressed herein. You will note that there are two Summaries provided. One which is .\enal only and the other Aerial & Low Level. Both programs arc `F30,000 and we will hold that price firm for the duration of the contract with one exception . The Orange County -Fire Authority has been reviciving and adlusting their fee schedule and what thio will be from year to year we carinot predict Should their fee rise again - we will have to adjust the agreement accordingly. Should you have need for additional information lir documentation please feel free to contact me at 800 322-7142. y Manager Evans 99/12/17 page 1 ATTACHMENT 1 ,02/0592008 14:48 6617462844 ZAMBELLI WE.T 02/05 References 20o8 Tlnmdri Over l owsnille, Wom,rky rV,hrl Mr. Wayne Hettinger 1042n Covered Bridge Road Prospect, KY 417059 512 228-6080 I.A Renrhrs mrd Hnrharc Ms Catrina Love 13837 Eli Way Marina del Rey, CA 90292 310 305-9511 Channel Island? Ms. Michele Gilmour 3900 Pelican Way Oxnard, CA 93035 805 192.11111 Las Vc,3ns Phdhnnnornr Mr. Keith R. Noel 12A9 S Torrey Pines Drive Las Vegas, NV 89146 70I 258-5438 .Sunennct Hatel Casmo - Coast Renu rt Mr. David Ross 9090 Alta Drive 1.0s Vezrs' NV 8914.5 70. 616-7111 tion Germain Feasl Mr. Anthony Palmisano 3675 South Rainbow Blvd. 4107-171 Las VC as, NV 89103 702 286-4944 Thr Monte Fund Ms, Kim Gallick 783-39 Rio del Mar Blvd Avtoe. CA 95003 831 685.3317 E INTERNATIONALE Leniran County Fair Ms Barbara Bne4er-Quaid IOW Harbor Blvd. Ventura, CA 93001 805 207-7667 Trrrrl,lr s Hotel N Casnm Mi Mark Sterbins, Jr. 41 tNt S Paradise Road Las Vons, NV 89119 70_ 733.700) Thr Qwen Mary Mr john Adamson 1126 Queens Highway Lon Reach, CA 9118112 12 499-160(1 14,,Id Mnrar Resort Ms M,chelle Liberty 72777 Highway 331 Pendleton, OR 97801 541 Q66-1510 References :008 •14nlmr Rnshma,r \'nnrnnf Al, mr !- Me Diana Saothorf 825 5t lose h Street, 3rd Floor Rapid �itk. SO s77n: 605 5i4 2523 11/I Nor, fl(n.rn,. Mr Fred Murrhead P.O. Box 99020 Lotblin, NV 77011 N2 535-5530 kwfi -- Ferri, Fn,m Mr. Charles Bradshaw R03Q Beach Boulevard Burna Park, CA 9(x620 714 220-9nQ2 Lau.- Mnrta,r Wl r''4 Nis Carniyn Martini P O Box 12 5,alnt Helena, CA 94574 800 321 WINE i m, n(1 twim-s,mi flrorlr Ms Nalda Oshne 2000 Main Sheet Huntington Brach, CA 926483703 714 374-5312 Twew,J Nror Paiiiis Marine flnsr VI r. Rubert L. Miller .MAGTFTC .MCAGCC, Box 788100 Twentynine Palms, CA 92278-8100 7h0 M3 5053 Fdu•a'd, Ar, Fnrcc Bow Mr Nicholas Condos 55outh Wolk avenue r_ds� ards AFB, CA 43574 I lag 661 277 9118 noaoM Cosi"" Ms. Tarri Rubio 23333 Soboba Road, P.O. Box 817 San Jannto, CA 92581 606 654-2883 \rllw .Ar I-nrn Bn,r Ma Sheryl Parks 414Q Duffer Dnve Ste 1311 Dellis AFB. NV 891Q1 702 652-2QPQ 02/05/2008 14:48 6617462844 ZAMBELLI WE'.,' �-uE 03/05 ELLI R E W R K S INTERNATIONALE NARRATIVE SOME THOUGHTS CONCERNING COMPARING AERIAL AND LOW LEVEL FIREWORKS THESE ARE NOT the comparable items and ground devices should not be compared to, or against, aerial shells 1) Aerial Shells are lifted high into the sky where they break open .with 10's of dozens and even hundreds of stars creating a multitude of effects and colors. 2) Ground devices are typically clusters of many small tubes each one firing one or two items (.stars) into the sky Usually they arc best used in multiples and each individual device usually contains less material in total than the most basic aerial shell 3) Ground Devices are usually identified in a proposal either by the number of SHOTS or by the total number of STARS contained in the device. Therefore - a 49 shot cake can be counted as I device or as 49 stars (sometimes referred to asffe ects 4) We suggest using the cakes configured as a front line to the display. A pyrotechnic Chorus Line! Thus - in our proposal - 15 cakes would be fired as 3 individual front line events during the show Each firing has @ 15-20 second duration and is typically fired with matching aenal effects display above by the aerial shells. 5) CANDLES - or rather Exhibition Candles are very large Raman Candle% which product the traditional Roman Candle effect but in a very large - and very high - version. With firing area permitting - these devices are a great diversion to the activity of the shells and cakes. 02/05-/'2008 14:48 66174621644 2AMBELLI WE_, I -UL 04/05 BELLI R E W O R K S INTERNATIONALE 0-0t4N1 -4 le -41 �d cit PRODUCT SUMMARY AND QUOTE FORM OPENING: Description Opening Salutes Sizqj'd� Product: difACl Quantity ToW ofOpeninR7r{' MAIN BODY—AERIAL SHELLS Description: Size! 3" Product: Quantity ao Size: 4 Product: QuantityL-4y Size: 5" Product Quantity Sizes 6 Product: Quantity - Total of Main Body-Aeriai Shells_ -V-� PYROTHECEWC DEVICES Doser*fion: Multi -shot Device AS Quantity %, Mold -shot Device_IFbum Quantity— Multi-shot Device _ Quantity Total of Pyrotechaie Devices�� GRAND FINALE Description: Size:, Product Quantity D Size:__q Product: _ Quaoaty Sizer Product: Quantity_ O Sizer Product: _ . _ — Quantity Z_ Total of Grand Fluale GRAND TOTAL"f /'-;o' .Sl/ 02/05/2008 14:48 6617462844 2AMHELLI WE'•T --a6E 05/05 R E W R K S INTERNATIONALE PRODUCT SUMMARY A,ND QUOTE FORM OPENING: Description / /, Opening Salute"ize3 —d Product: ��J4_ Quantity Total of Openiag / f% MAIN BODY—AERIAL SHELLS Description: Size: 3L Product: Quantity VO Size., V Product: Quantity /571' Size: 5" Product: Quantityf 3 a Size: 6" Product: Quaatity/Dy Total of Maltz Body -Aerial Shells3Q PVROTHRCHNIC DEVICES Description: Multi -shot Device Quantity_ Multi -shot Device Quantity__ — Multi -shot Device Quentity Total of PyrotwWc Devlcea GRAND FINALE Description: Size: Product: Quantity -3 CO Size: Product: Quaatity__4Le_ Size: Product: Quantity_ Size; Product: Quantity_ 3 Total of Chad kinale_ya GRAND TOTAL /J (FO March 25, 2008 City of San Juan Capistrano Cynthia Alexander 25925 Camino Del Avion San Juan Capistrano, CA 92675 Dear Ms. Alexander, Pyro Spectaculars is pleased to provide our pyrotechnic products and services for your July 4, 2008, July 4, 2009 and July 2010 fireworks display. We are proposing our special Sky ConcertTM Program `B" in the amount of $30,000.00. Your display is scheduled for 9:00 p.m. and will be approximately 20-25 minutes in duration. Our plan is to use the winning combination of our products, people and production capabilities to produce the best fireworks entertainment package possible. This program price includes full electronic firing, show choreography and design, a licensed pyrotechnician, permit application, insurance coverage, sales tax and delivery. City of San Juan Capistrano will be responsible for provision of security and payment of the Orange County Fire Authority permit fee and/or standby firemen fees, if any. The fire department may bill you directly for any standby fees. Enclosed you will find a Product Synopsis, Display Checklist, and Display Agreements for signature and initialing. Please have one copy of this fully executed agreement returned to our office by April 15, 2008 along with your deposit. Please take the time to review this proposal in detail. If you wish to make any changes in your program or need more information, please call either myself or your Customer Service Representative Connie De La Torre at (909) 355.8120 ext. 227. Regards, PYR0 SPyEINC. CTACULARS, IN Q Sam Bruggema PYRO SHOW PRODUCER SB/ao PYRO SPECTACULARS, INC. TW. @M186 • San Diego, CA 92190 • Phone: (619) 583-6141 or (800) 624-9360 0 Fax: (619) 583-6185 A,m-3technk- f -lice. o l foal OPeninp Description ♦ 3" Souza Designer Opening Salutes Total of Openh—, Ilrain Body - Aerial Shells Description ♦ 3" Souza Designer Selections ♦ 4" Souza Designer Selections ♦ 5" Souza Designer Selections ♦ 6" Souza Designer Selections Total of Bain Body - Aerial Shelf: Pyrotechnic Ia(_sviceS DeaCd i )—fUCq ♦ Sousa Dazzlers Custom Multishot Device ♦ Sousa Platinum Line - Multishot Device I oral of Pyrotechnic Devices Grand Finale t)escrition ♦ 3" Souza Designer Bombardment Shells ♦ 4" Souza Designer Finale Shells ♦ 5" Souza Designer Finale Shells ♦ 6" Souza Designer Finale Shells rota( of Grand Finale Quantity, 25 25 Quantitt, 140 140 100 100 EM i a. mai$ i i city' 1100 Shots 286 Shots 1,386 Uuantity 200 30 9 6 245 Grand Dotal 2,136 Display Checklist City ofSan.Yuan Capistrano Agrees to.- Return o;Return contract by April 15, 2008. ❑ Send 50% deposit to arrive by April 15, 2008. ❑ Send balance of payment to arrive by July 7, 2008. ❑ Provide suitable firing site. ❑ Provide security. ❑ Provide two-way communication to the pyrotechnician. to: UManufacture, supply, insure, ship, install, fire, and tear down all display materials. Provide general liability insurance and transportation insurance in the amounts of $1 million and $5 million respectively, as well as �tworkers compensation coverage. 11Apply for all federal, state, and local fireworks display permits and licenses as required by law. Provide a licensed pyrotechnic operator and crew. Provide all necessary pyrotechnic equipment. PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 20th day of May 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pyro Spectaculars, Inc. (hereinafter referred to as "Contractor'). RECITALS: WHEREAS, City desires to retain the services of Contractor to provide an aerial fireworks sky concert display on the 4`h of July; and WHEREAS, Contractor has represented itself as being capable of providing such service. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The Scope of Work to be performed by the Contractor and the City shall consist of those tasks as set forth in Exhibit A, (Contractor's Display Agreement and Program B, which are attached hereto and incorporated herein by this reference as though set forth in full). To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Each party warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall include the 4th of July aerial sky concert display for the years 2008, 2009, and 2010 and services required hereunder shall be completed as set forth in Exhibit A. Section 3. Compensation and Pricing. 3.1 Amount, Payment Schedule, and Credit. Compensation shall be payable as set forth in Exhibit A, City shall pay Contractor as follows: Attachment 2 2008 Event: 50% ($15,000) upon approval of this agreement. The remaining 50% ($15,000) shall be paid by the City within fifteen (15) calendar days following the event, minus any credit due to the City. Any credit due the City shall be made as follows: • In the event the display substantially complies with the Scope of Work as set forth in the Exhibit A but does not begin by 9:05 p.m., PDT on July 4th, as a result of the sole negligence of Pyro Spectaculars, Inc., Pyro Spectaculars, Inc. shall credit City $50 for each full minute delay up to $2,000. • In the event the display substantially complies with the Scope of Work as set forth in Exhibit A, but is interrupted as a result of the sole negligence of Pyro Spectaculars, Inc., Pyro Spectaculars, Inc. shall credit City $50 for each full minute of interruption up to $1,000. 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 Pyro Spectaculars, Inc. for the purposes of this paragraph. • In the event the display substantially complies with the Scope of Work as set forth in Exhibit A, but fireworks in excess of the industry standard 3% fail to fire, Pyro Spectaculars, Inc. shall credit City with the full list value of the product that failed to fire in excess of 3%. In the event the display fails to substantially comply with the Scope of the Work as set forth in Exhibit A, Pyro Spectaculars, Inc., shall credit City with up to 25% of the display price. Such credit shall be inclusive of any credits set forth in paragraphs 1,2, and 3. Nothing in this paragraph shall prevent the parties from reaching agreement that all or a portion of the credit may be in the form of enhancements to future displays. 3.2 Method of Payment. Contractor shall submit two (2) invoices for each display. The first shall be for the 50% deposit. The second shall be for the remaining balance due. Contractor shall invoice City for deposit, and after January 1, 2009 for 2009 display, and after January 1, 2010 for 2010 display. 2008 Event: $30,000 2009 Event: $31,500 (if increased per Attachment A, not to exceed 5%) 2010 Event: $33,075 (if increased per Attachment A, not to exceed 5%) 2 Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent Contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Familiarity with Work and Display Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the proposed display site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 7. Compliance with Law. Contractor shall comply with all existing applicable laws, ordinances, codes and regulations of federal, state and local government. Section 8. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 9. Indemnity. To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, 3 officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 10. Insurance. Insurance required herein shall be provided by authorized insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. Contractor is to provide City with copies of the following: 10.1 Commercial General Liability. (See Exhibit A) 10.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: $5,000,000 combined single limits per occurrence property damage and personal injury. 10.3 Worker's Compensation. Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statuary amount as required by state law. 10.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Contractor's general liability policy to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. M 10.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverage/s reduced, until after thirty (30) days' written notice is give to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Section 11. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Attn: Karen Crocker, Community Services Director To Contractor: Pyro Spectaculars, Inc. 3196 N. Locust Avenue Rialto, CA 92377 Attn: Sam Bruggema, Show Producer Section 12. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 13. Time of Essence. Time is of the essence in the performance of this Agreement. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO 0 M ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Joe Soto, Mayor James R. Souza, President Pyro Spectaculars, Inc. Attachments: Exhibit A, Display Agreement & Program B a PYRO SPECTACULARS, INC. Display Agreement 1) THIS AGREEMENT, entered into this day of 20QL 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 —I_ , 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 2008 at 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 SIT& C) The services and cost of standby firemen and/or any applicable permit fees as required by state andlocal 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 additi onal 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. Itis expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: 1) That any Spectator or Parking Areas are outside the Display Area; and 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 THIRTY THOUSAND --- ------ - — - --- --- Dollars ( $30.000.00 ). A deposit of $15.000.00 and fire department fees approximated at $ 00.00 most be paid by April 15.2008. Fall final payment is due the first regular business day anter 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 maybe 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 pri or 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) 50% if cancellation occurs 30 to 90 days prior to the scheduled date of the display, 2) 75% if cancellation occurs 15 to 29 days prior to the date set for the display, 3) 1000% if cancellation occurs 14 or fewer days prior to the date set for the display. If cancellation occurs 30 days or more 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) Exhibit A PYRO SPECTACULARS, INC. Display Agreement 7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual $30,000.00of 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 gujy, 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 Capistrano, CA 92675—July 4, 2008 - Program "B" 1 S) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Qoth 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 patty 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 Title PRESIDENT V' JAMES R. O ZA PYRO SPECTACULARS, C. PURCHASER , Tide PRINT NAME set merr nanas anc sears ms Initial (fere • Purchaser is responsible for payment of fire department permit and standby fees, tf applicable. • Purchaser to pro" firkVam, communication, and security. • Price grm through April 15, 20G8. • Price includes full alectrordc firing. Term Addendum to Display Agreement The following agreements, covenants, conditions and promises ate hereby added to and incorporated in that certain Display Agreement between City of San Juan Capistrano ("Purchaser"), and Pyro Spectaculars, Inc. ("Pyro"), in connection with the Fireworks Show Production at San Juan Capistrano Sports Park on July 4, 2008. If any provision of this Term Addendum shall conflict with any other provision contained in the Display Agreement, the provisions of this Tenn Addendum shall prevail. In consideration of Pyro having heretofore made an adjustment to its regular pricing structure, which is more favorable to Purchaser, in connection with the fireworks show to be performed on July 4, 2008, Purchase' hereby agrees to purchase not less than two additional fireworks shows, one to be performed on or before July 4, 2009, and one to be performed on or before July 4, 2010. 'Me two later shows shall be of the same type, size and duration, and shall be performed at the same location, as the first show. The prices of the later shows and all other terms and conditions shall also be the same as the immediately preceding show, except that the price may be adjusted upward not more than five percent (5%) annually to reflect increased insurance, product, labor, tax, duty and/or transportation costs, if any, and prices or products may be adjusted to reflect the unavailability of products, changes in the laws or regulations applicable to such shows or products, and/or material changes in other conditions under which the shows are to be performed. Dated: PYRO SPECTACULARS, INC. By: y z9f �t PURCHASER Signature Name Title 11 THE CITY OF SAN JUAN CAPISTRANO tt r N :. Award of Contract for the 2008-2010, 4" of July Celebration Fireworks Sky Concert (Pyro Spectaculars. Incl KY"SAl�, r,�} 0' ' of y�x a 4 San Juan Capistrano Sports Park y �^ 25925 Camino de Avion 0 3000 6000 9000 Feet Attachment 3 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org MEMBERS OF THE CRY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 20, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of Award of Contract for the 2008-2010, 4th of July Celebration Fireworkds Sky Concert (Pyro Spectaculars, Inc.)" — Item No. D6. 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 the City Clerk's office by 5:00 p.m. on Monday, May 19, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "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 Cynthia Alexander, Interim Community Services Manager. You may contact that staff member at (949) 443-6395 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.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: citvclerkCa)sanivancapistrano.org. Meg Monahan, MMC City Clerk cc: James R. Souza, President, Pyro Spectaculars, Inc*; Sam Bruggema, Pyro Spectaculars, Inc*; Karen Crocker, Community Services Director; Cynthia Alexander, Interim Community Services Manager * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 04 Pnntetl on 100% recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 PAX wwwsan)Uancaplstrano. org May 22, 2008 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CRY COUNCIL SAMALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOESOTO DR. LONDRES USO On May 20, 2008, the City Council of San Juan Capistrano met regarding: "Consideration of Award of Contract for the 2008-2010, 4th of July Celebration Fireworkds Sky Concert (Pyro Spectaculars, Inc.)" Item No. D6. The following action was taken at the meeting: No action taken — item withdrawn from the agenda. If you have any questions regarding this action, please contact Cynthia Alexander, Interim Community Services Manager at (949) 443-6395 for more detailed information. Thank you, l� Meona an, MMC Cit Clerk Cc: James R. Souza, President, Pyro Spectaculars, Inc*; Sam Bruggema, Pyro Spectaculars, Inc*; Karen Crocker, Community Services Director; Cynthia Alexander, Interim Community Services Manager San Juan Capistrano: Preserving the Past to Enhance the Future 40 printed on 100% recycled paper