06-0418_PYRO SPECTACULARS, INC_Display AgreementOPYRO SPECTACULARS, INS
Display Agreement
1) THIS AGREEMENT, entered into this_ze ay ofI 20th[ by and between PYRO SPECTACULARS, INC., a
California corporation hereinafter referred to as "PYRO" and 4
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, 1 fireworks display
as per Program A , submitted, accepted and trade 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 , 2006 at
Agricultural Preserve - Strawberry Field; San Juan Capistrano, CA
3) PURCHASER, at its own expense, agrees to provide to PYRO:
A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to
PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection,
roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property
not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees
as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the DISPLAY SITE to set
up the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no
obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred
because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display
("Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area
does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures
thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring
that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the
Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is
expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of
the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and n
After completion of the Display, that the Display Area is cleared of any live firework debris originating from the program.
4) PURCHASER shall pay to PYRO the sum of TWENTY-SIX THOUSAND--------- - Dollars
($ 26,000.00 ). A deposit of $ 13.000-00 and fire department fees approximated at $ 720.00 must be paid by
February 25, 2006. Full final payment is due the first regular business day after the date set for the display. A finance charge
at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be
charged on the unpaid balance after ten days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO
to receive and verify financial information concerning PURCHASER from any person or entity.
5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased
the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for the display, as provided in the following paragraph.
6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises
this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. 1)
25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days
of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up
of the display actually begins, 4) 1000/a thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
including but not limited to music/narration tape production and/or sponsors logos.
(continued on reverse) SD
PYRO SPECTACULARS, Ir
Display Agreement
7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's
damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
S) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed
herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is
prohibited.
9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury
and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such insurance
shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage
arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall
not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including
through or by its employees, agents and/or independent contractors, to perform its obligations under this agreement, including, without
limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims
and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph.
10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled
to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
11) In the event PYRO breaches this agreement, or is otherwise negligent in performing the fireworks display provided for herein,
PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER
agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential
damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed
as a modification or limitation on the insurance coverages afforded to Paragraph 9 above.
12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a
partnership or joint venture between PURCHASER and PYRO. The panties 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, 2006- Prop "A"
15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties
acknowledge they have received a copy of said written Agreement and agree to be bound by said temms of written Agreement only.
16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations
under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed
by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies,
each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties
hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of the nature of
fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of
nonperformance is acceptable as full performance. ,m
parties�ereto, by and through their duly authorized agents, have set their hands and seals this.
Tiflp PRESIDENT
PRINT NAME
X Initial Here
Purchaser is responsible for payment of
fire department permit and standby fees,
if applicable.
Purchaser to provide firing site,
communication, and security.
Price firm through February 25, 2006.
Price includes full electronic firing.
0
City of San Juan Capitrano
Performance Addendum
For Pyro Spectaculars, Inc.
July 4, 2006
•
1. In the event the Display substantially complies with the scope of the work but does
not begin by 9:05 pm PDT on July 4, 2006, as a result of the sole negligence of Pyro.
Pyro shall credit Purchaser $50.00 for each full minute of delay up to $2,000.00.
2. Additionally, in the event the Display substantially complies with the scope of work
but is interrupted as a result of the sole negligence of Pyro, Pyro shall credit
Purchaser $50.00 for each full minute of interruption up to $1,000.00. An
interruption resulting from the malfunction of one or more fireworks devices,
including interruptions resulting from injury or damage caused thereby, shall not be
considered to result from the negligence of Pyro for the purposes of this paragraph.
3. In the event the Display substantially complies with the scope of work but fireworks
in excess of the industry standard 3% fail to fire, Pyro shall credit Purchaser with the
full list value of the product that failed to fire in excess of 3%.
4. In the event that the Display fails to substantially comply with the scope of work.
Pyro shall credit Purchaser with up to 25% of the Display price. Such credit shall be
inclusive of any credits set forth in paragraphs 1, 2, and 3.
5. Nothing in this paragraph shall prevent the parties from reaching agreement that all or
a portion of the credits may be in the form of enhancements to future displays.
4/18/2006
AGENDA REPORT D1 O
r�.
TO: Dave Adams, City Manage
FROM: Karen Crocker, Community Services Director
SUBJECT: Consideration of Agreement Extension for the 2006 4th of July Celebration
Fireworks Sky Concert (Pyro Spectaculars/San Diego Fireworks)
RECOMMENDATION:
By motion, approve agreement extension for the 2006 4th of July Celebration Fireworks
Sky Concert to Pyro Spectaculars/San Diego Fireworks, for the amount of $26,000.
SITUATION:
A. Summary and Recommendation:
At the meeting of June 15, 2004, City Council approved an agreement with Pyro
Spectaculars/San Diego Fireworks to provide an electronically Fred aerial
fireworks display for the City's annual 4th of July Celebration (Attachment 1). The
term of the agreement was for one (1) year, with the option to extend the
agreement for the 2005 and 2006 fireworks displays, based on the prior year's
performance, upon mutual agreement of the parties. The agreement was
extended in 2005 due to satisfactory performance in 2004, and staff is
recommending that this agreement be extended for the 2006 event, due to the
satisfactory performance in 2005.
B. Background:
Pyro Spectaculars/San Diego Fireworks 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 over the years. Pyro Spectaculars/San
Diego Fireworks is a well-qualified fireworks company that has complied with
performance standards as part of their Scope of Work.
This contract extension will be for the 2006 event only. This event will be held on
Tuesday, July 4, 2006, at the Sports Park. The proposed Display Agreement
(Attachment 2) included a section regarding performance standards and how
Pyro Spectaculars/San Diego Fireworks will address deficiencies, if they should
occur (Attachment 3). This will be the final extension allowed by this agreement.
The City will seek bids from fireworks companies for the 2007 event.
Agenda Report •
Page 2
0
April 18, 2006
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 AND RECOMMENDATIONS:
This item does not require action by the Parks, Recreation, and Equestrian
Commission. The Commission will be provided an update regarding this agreement at
their April 2006 meeting.
FINANCIAL CONSIDERATIONS:
When the request for proposal was originally announced in 2004, the City allocated
$25,000 for the fireworks display. In 2005, this was increased by $1,000, to $26,000,
due to a product -cost increase. For the 2006 show, the City has remained at the
$26,000 figure for a display that will be similar to last year, but with different music.
The City will need to announce a request for proposals for the 2007 display. Whether an
increase in the cost of the 2007 display will be appropriate will be determined prior to
the announcement being sent to potential vendors.
NOTIFICATION:
Sam Bruggema, Pyro Spectaculars/San Diego Fireworks*
Aaron Beargeon, Pyro Spectaculars/San Diego Fireworks*
George Kibby, South Coast Farms*
* Mailed copy of agenda report
RECOMMENDATION:
By motion, approve agreement extension for the 2006 4th of July Celebration Fireworks
Sky Concert to Pyro Spectaculars/San Diego Fireworks, for the amount of $26,000.
Respectfully submitted, submitted,0 "" \.
Karen Crocker
Community Services Director
Prepared by:
Lin a Evans
Community Services Manager
Attachments:
1. Scope of Work (2004)
2. Display Agreement & Performance Standards Addendum
3. Shell Description
4. Location Map
0
CITY OF SAN JUAN CAPISTRANO
YEAR 2004 4TH OF JULY FIREWORKS DISPLAY
SCOPE OF WORK
Electronically Fired Show With Choreographed & Synchronized Music
Not To Exceed $25,000
Proposals shall be evaluated based on the contractor's satisfactory and reliable
performance history, compliance with Scope of Work, quality of proposed aerial display,
the impact of pyrotechnic effects, and the length, pacing, and music proposed for the show.
Contractor To:
Submit a proposal for an aerial display that includes the following, using a minimum
shell size: 3", and maximum shell size: 6" to provide a 20-25 minute show:
• Opening Finale
• Main Program
• Closing Finale
Please ensure that the proposal is divided into the three (3) categories and specify
what would be included within each category
• Provide a written description of the company's policy for monetary compensation to
the City when, due to the company's actions (or inactions):
- the aerial display does not begin on time, or there is a delay during the
show
- the show does not comply with the scope of work and/or the bid package
that was submitted by contractor and approved by the City
- there is a modification to the show, even though the show began on time
and there were no delays during the show
- even though the correct amount of shells are delivered, all the shells are
not fired
Provide licensed pyrotechnic operator and crew; transportation of crew and all
supplies and materials to and from event. Operator and crew will be responsible for
all site preparation and site cleaning, including removal of debris associated with the
display. City will not accept responsibility for advance storage of fireworks and/or
vehicle(s)
Schedule operator and crew adequate time for set up; schedule adequate time for
take-down/clean-up of the firing site and fall -out area immediately after the show
and the following morning
Coordinate with the Orange County Fire Authority and comply with all regulations
Schedule representative(s) to meet on site with City staff and Fire Authority prior to
event to coordinate event details
ATTACHMENT
Provide music that is choreographed and synchronized to the aerial fireworks show.
Music is to be provided to City via both a DAT and a back-up CD
Provide a 20-25 minute show; be responsible for the timely completion of all
preparation work so the display will begin at its official starting time of 9:00 pm
Provide the City with a certificate of insurance* for public liability and property
damage, minimum sum of $1,000,000 AND provide the City with a liability
endorsement form* naming the City of San Juan Capistrano, its elected and
appointed officials, employees and servants as additional named insureds. Also to
be included on certificate and endorsement: South Coast Farms, Orange County
Fire Authority
Provide the City with proof of Workers' Compensation Insurance* for all
employees as required by State laws governing fireworks displays and proof of
Automobile Insurance coverage* for all employees who will be driving
automobiles associated with this event
C Provide references for all July 4th displays conducted for the past three (3) years in
Orange County, CA. This listing will be used to determine a satisfactory and reliable
performance history
City To:
Term:
Provide sand, DAT and CD Players, Clear -Com communication system, sound
system, suitable firing site, and City liaison.
The term of the agreement with the selected contractor shall include the year 2004
aerial fireworks display. This agreement may be extended upon mutual agreement
of the parties without further action by City or Contractor for two (2) additional years,
to include the years 2005 and 2006 4th of July aerial fireworks displays, if there has
been no breach of contract and the City determines there was satisfactory
performance at the previous year's Fourth of July Celebration. Notification to
exercise the contract extension shall be provided by both parties within one hundred
twenty (120) days following the 2004 and 2005 Fourth of July Celebrations.
*Must be received by City minimum of 21 working days prior to the event
OPYRO SPECTACULARS, INA
Display Agreement
1) THIS AGREEMENT, entered into this day of 20QL by and between PYRO SPECTACULARS, INC., a
California corporation hereinafter ref6rred to as "PYRO" and
City of San Juan Capistrano hereinafter referred to as "PURCHASER.
2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, I fireworks display
as per Program A , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take
charge of and, along with sufficient helpers, safely discharge the display.
The said display is scheduled to be performed on July 4 2006 at
Agricultural Preserve - Strawberry Fields San Juan Capistrano, CA
3) PURCHASER, at its own expense, agrees to provide to PYRO:
A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to
PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection,
roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property
not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees
as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the DISPLAY SITE to set
up the display. if PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no
obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred
because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display
("Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area
does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures
thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring
that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the
Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is
expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of
the site other than the Display Area, except to ensure: 1) That any Spectator or Parking Areas are outside the Display Area; and I)
After completion of the Display, that the Display Area is cleared of any live firework debris originating from the program.
4) PURCHASER shall pay to PYRO the sum of TWENTY-SIX THOUSAND------ Dollars
($ 26.000.00 ). A deposit of $ 13.000L00 and fire department fees approximated at $ 720.00 must be paid by
February 25, 2006. 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 pemvtted by law, whichever is less, will be
charged on the unpaid balance after ten days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO
to receive and verify financial information concerning PURCHASER from any person or entity.
5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased
the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for the display, as provided in the following paragraph.
6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises
this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. 1)
25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days
of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up
of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agrees to
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
including but not limited to music/narration tape production and/or sponsors logos.
(continued on reverse)
ATTACHMENT
PYRO SPECTACULARS, Il0.
Display Agreement
7) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount of PYRO's
damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed
herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is
prohibited.
9) PYRO agrees to famish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury
and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such insurance
shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage
arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall
not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including
through or by its employees, agents and/or independent contractors, to perform its obligations under this agreement, including, without
limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims
and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph.
10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled
to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
11) In the event PYRO breaches this agreement, or is otherwise negligent in performing the fireworks display provided for herein,
PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER
agreed to pay PYRO under this Agreement. PURCHASER shall not, under any circumstances, be entitled to recover any consequential
damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed
as a modification or limitation on the insurance coverages afforded to Paragraph 9 above.
12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a
partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate
debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein.
13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the
State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display
provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for
any such action.
14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States
Mail, postage prepaid, fust 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 4.2006- Prov'°A^
15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties
acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations
under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed
by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies,
each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties
hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of the nature of
fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of
nonperformance is acceptable as full performance.
Witness Whereof the parties hereto, by and through their duly authorized agents, have set their hands and seals this.
PURCHASER
David M. Swerdlin, Mayor Sohn
PRINT NAME
U
City of San Juan Capitrano
Performance Addendum
For Pyro Spectaculars, Inc.
July 4, 2006
1. In the event the Display substantially complies with the scope of the work but does
not begin by 9:05 pm PDT on July 4, 2006, as a result of the sole negligence of Pyro.
Pyro shall credit Purchaser $50.00 for each full minute of delay up to $2,000.00.
2. Additionally, in the event the Display substantially complies with the scope of work
but is interrupted as a result of the sole negligence of Pyro, Pyro shall credit
Purchaser $50.00 for each full minute of interruption up to $1,000.00. An
interruption resulting from the malfunction of one or more fireworks devices,
including interruptions resulting from injury or damage caused thereby, shall not be
considered to result from the negligence of Pyro for the purposes of this paragraph.
3. In the event the Display substantially complies with the scope of work but fireworks
in excess of the industry standard 3% fail to fire, Pyro shall credit Purchaser with the
full list value of the product that failed to fire in excess of 3%.
4. In the event that the Display fails to substantially comply with the scope of work.
Pyro shall credit Purchaser with up to 25% of the Display price. Such credit shall be
inclusive of any credits set forth in paragraphs 1, 2, and 3.
5. Nothing in this paragraph shall prevent the parties from reaching agreement that all or
a portion of the credits may be in the form of enhancements to future displays.
0
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Product Synopsis
Pyro technic Proposal
City of San Juan Capistrano
Program A
X ZooaO.00
Main Body - Aerial Shells
Description
♦ 3" Sky Concert Selections
♦ 4" Sky Concert Selections
♦ 5" Sky Concert Selections
♦ 6" Sky Concert Selections
Total of Main Body - Aerial Shells
Pyrotechnic Devices
Description
♦ Sousa Diamond Line - Multishot Device
Total of Pyrotechnic Devices
Grand Finale
Description
♦ 2.5" Sky Concert Finale Shells
♦ 3" Sky Concert Finale Shells
♦ 4" Sky Concert Finale Shells
♦ 5" Sky Concert Finale Shells
♦ 6" Sky Concert Finale Shells
Quantity
135
145
115
105
631117
Quantity
1,290 Shots
1,290
Quantity
216
75
30
9
6
Total of Grand Finale 336
Grand Total 2,126
ATTACHMENT 3
Attachment 4
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 EAx
www.sanjuancapistrano. org
0
0
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 18, 2006 in the City
Council Chamber in City Hall, to consider: "Consideration of Agreement Extension for the
2006 4th of July Celebration Fireworks Sky Concert (Pyro Spectaculars/San Diego
Fireworks)" — 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, April 17, 2006 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 Linda Evans, Community
Services Manager. You may contact that staff member at (949) 443-6390 with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancal3istrano.org. If you would like to subscribe to receive a notice when agendas
are posted to the web site, please make that request by sending an e-mail to: council -
agendas a0sanivancaoistrano.orp.
Meg Monahan, CMC
City Clerk
cc: * Sam Bruggema - Pyro Spectaculars/San Diego Fireworks
* Aaron Beargeon - Pyro Spectaculars/San Diego Fireworks
* George Kirby - South Coast Farms;
Linda Evans, Community Services Manager
* Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on recycled paper
AYTON INSURANCE
2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067
BIRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220
TELEPHONE: (205) 854-5806 FAX: (205) 854-5899
CERTIFICATE OF INSURANCE NO. 620291
we certify that insurance as outlined below is afforded the Named Insured under policy CA000002771-20 issued by Admiral Insurance Company.
NAMED INSURED Pyro Spectaculars, Inc.
Pyro Events, Inc.
Astro Pyrotechnics, Inc.
P.O. Box 2329
Rialto, California 92377
PERIOD
COVERAGE
LIMITS OF
LIABILITY
PPA Spectaculars
North American Fireworks Co., Inc. (NAFCO)
San Diego Fireworks
Pyro Spectaculars Canada, Inc.
January 13, 2006 to January 12, 2007; Both days inclusive.
Commercial General Liability. Covering against the legal liability of the Named Insured for Bodily Injury
and Property Damage caused by, or arising from, the preparation for, the firing of, or the clearance following
fireworks display(s) stated below.
A) Each Occurrence
B) General Aggregate
C) Products & Completed Operations Aggregate
$1,000,000
$2,000,000
$2,000,000
The addition of more than one insured does not serve to increase the limits of liability. Aggregate limits shown
may have been reduced by paid claims.
It is certified that, in accordance with, and subject to, the terms of the above policy, the following SPONSORS AND PROPERTY OWNERS
AND LICENSING AUTHORITIES are included as Additional Insured(s), but only in respect of the legal liability of such Additional Insured(s)
for Bodily Injury and Property Damage caused by the operations of the Named Insured in connection with the firing of the fireworks display(s)
stated below. The insurance afforded any Additional Insured does not include coverage for any injury or damage arising from the failure of such
Additional Insured to fulfill its obligations specified in its contract with the Named Insured.
NAME & ADDRESS OF INSURED SPONSORS
PROPERTY OWNERS, LICENSORS
City of San Juan Capistrano
25925 Camino del Avion
San Juan Capistrano, CA 92675
ADDITIONAL INSURED(S): City of San Juan Capistrano, and County of Orange, and Orange County Fire
Authority, and South Coast Farms, and its elected and appointed officials, employees and servants when
acting in their official capacity as such.
DISPLAY LOCATION DISPLAY DATE(S)
San Juan Capistrano Sports Park July 4, 2006
Agricultural Preserve Strawberry Field
San Juan Capistrano, CA
This insurance applies automatically if the described display is fired on any alternative date because of cancellation on the date shown due to
weather or other cause; however, IN NO EVENT WILL COVERAGE APPLY TO BODILY INJURY OR PROPERTY DAMAGE
SUSTAINED AFTER January 12, 2007.
This certificate is not an insurance policy and does not in any way amend, extend or alter the coverage afforded by the policy listed above. For
particulars concerning the terms, exclusions and conditions of such policy each Additional Insured is referred to the policy documents in the
possession of the Named Insured. Should the above described policy be cancelled before the expiration date thereof, the issuing company will
mail 30 days' prior written notice to the above named Additional Insured.
DRAYTON INSURANCE BROKERS, INC.
April 20, 2006
DATE OF ISSUE A.47STKINGER, PRESIDE
CALIFORNIA LICENSE . OA18664
L
Policy Number: CA000002771-20
ENDORSEMENT NO. 13
•
All 08 76 02 03
Effective Date. 01/13/2006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CO';!rl, IERCIAL PROPERTY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
It is agreed the following are included as additional insureds hereunder:
Sponsors, landowners, bargeowners andfor licensing authorities with respect to operations of the named insured in
connection with the preparation for, the firing of, or cleanup following fireworks displays performed by the named insured or
the named insured's employees, and to whom certificate(s) of insurance are issued which specify date(s) and location(s) of
such displays.
The coverage afforded such Additional Insureds does nut apply to injury or damage arising from the failure of any such
Additional lnsuted it folfi1l its obligations specified in its contract with the framed Insured.
• POLICYHOLDERY
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INS UPI AMC E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 10-14-2005 GROUP:
POLICY NUMBER: 0803749-2005
CERTIFICATE ID: 297
CERTIFICATE EXPIRES: 10-14-2006
10-14-2005/10-14-2006
CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO CA 92675
SD
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 70 days advance written notice to the employer.
We will also give you 70 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
AUTHORIZED REPRESENTATIVE
PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
EMPLOYER
PYRO SPECTACULARS, INC.
PO BOX 2329
RIALTO CA 92377
M0410
InEv.2-051 PRINTED : 09-17-2005
37
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%'AC?RRN CERTIFICAT F LIABILITY INSURAN u/ %s
PRODUCER (909) 793-2373 FAX (909)795-6983
Davis III Graeber Insurance Services, Inc.
470 E. Highland Ave.
P.O. Box -40
Redlands, CA 923y3
INBUReD hyro-Spectaculars,—Ync.
P.O. Box 2329
Rialto, CA 92376
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
&TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAICB
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WEURERA National -Continental Insurance Cm"any
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THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TETE IrOWCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
AMY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIOMS OF SUCH
POLICIES A@OHCGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
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Re: Operations of the Named Insured
'A 10 Day Notice of Cancellation Applies for Non-payment of Premium
Cjty of San Juan Capistrano
Attn: Linda Evans
25925 Camino Del Avion
San Juan Capistrano, CA 92675
ACORD 26 (2001104)
SHOULD ANY OF THE ABOVk W:SCRWEO POUGRa M GnNGNLLED Duron TnI
EXPIRATMN DAVE THEREOF, TNS ISSUING MEURER WILL ENDEAVOR TO MAIL
J_OL DAYS WIUTTXI NOTME TO THE CERTIFICATE HOLDER NAMED TO VNE LEFT,
BUT FAILURE TO MAR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OACORD CORPORATION 1984
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
April 20, 2006
James R. Souza
Pyro Spectaculars, Inc.
P.O. BOX 2329
Rialto, CA 92377
Dear Mr. Souza:
IA[Al1AAlif1
EST A I11INED 1961
1776
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A Display Agreement related to the firework display for July 4t', 2006 is in the process of
being executed. It will be issued upon receipt of required documentation related to
contract terms under Section 9. Insurance.
General Liability certificate for $1,000,000 and an endorsement form naming the
City of San Juan Capistrano as additional insured.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents.
If you have questions specific to the contact, please contact Linda Evans, Community
Services Manager (949)443-6390. Please call me at (949) 443-6309 if you have
questions regarding the forms of insurance needed.
cc: Linda Evans, Community Services Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100%Reryded Paper
Ll
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
May 1; 2006
James R. Souza
Pyro Spectaculars, Inc..
P.O. Box 2329
Rialto, CA 92377
Dear Mr. Souza:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed, original Display Agreement related to the firework display for July 4th
2006 is enclosed for your records.
Thank you for forwarding documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Linda Evans, Community Services Manager (949) 443-6390.
ra
cc: Linda Evans, Community Services Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
L! P,mted .n 100% R..vd.A Paeer