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
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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
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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
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Tlnmdri Over l owsnille, Wom,rky rV,hrl
Mr. Wayne Hettinger
1042n Covered Bridge Road
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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
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Mr. David Ross
9090 Alta Drive
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70. 616-7111
tion Germain Feasl
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3675 South Rainbow Blvd. 4107-171
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702 286-4944
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783-39 Rio del Mar Blvd
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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
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70_ 733.700)
Thr Qwen Mary
Mr john Adamson
1126 Queens Highway
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12 499-160(1
14,,Id Mnrar Resort
Ms M,chelle Liberty
72777 Highway 331
Pendleton, OR 97801
541 Q66-1510
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•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
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Mr. Charles Bradshaw
R03Q Beach Boulevard
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P O Box 12
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800 321 WINE
i m, n(1 twim-s,mi flrorlr
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Fdu•a'd, Ar, Fnrcc Bow
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noaoM Cosi""
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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