10-0518_PYRO SPECTACULARS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into this 18`h day of May, 2010, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pyro
Spectaculars, Inc. (hereinafter referred to as the "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor to provide an aerial
fireworks sky concert display of the 4th of July; and
WHEREAS, Contractor is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as set
forth in Exhibit B, attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit B 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 commence on the effective date and shall terminate, and all
services required hereunder shall be completed as set forth in Exhibits A and B.
Section 3. Compensation.
3.1 Amount, Payment Schedule and Credit
Total compensation for the services hereunder shall not exceed $31,500, as
set forth in Exhibits A and B, attached and incorporated herein by reference. 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 B but does not begin by 9:05 p.m., PDT on
July 4, 2010, 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.
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In the event the Display substantially complies with the scope of work
as set forth in Exhibit B, 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 B, 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 B, 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 bullets 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 the Contractor shall act and be an independent Contractor and not
an agent of employee of the City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
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. Reserved.
Section 7. Familiarity with Work and/or Construction 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 the
City of this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
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Section 8. Compliance with Law: E -Ven .
8.1. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
8.2. E-Verify/ATF Employee Possessor Questionnaire.
a. If Contractor is not already enrolled in the U.S. Department of Homeland
Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen
days of the effective date of this Agreement to verify the employment authorization of new
employees assigned to perform work hereunder. Contractor shall verify employment
authorization within three days of hiring a new employee to perform work under this
Agreement. Information pertaining to the E -Verify program can be found at
http://www.uscis.gov, or access the registration page at hftps://www.vis-
dhs.com/emp(overregistration. Contractor shall certify its registration with E -Verify and
provide its registration number within sixteen days of the effective date of this Agreement.
Failure to provide certification will result in withholding payment until full compliance is
demonstrated.
b. As an alternative to the requirement in subsection (a) above, contractorshall
certify that (i) it is a federal explosives licensee or permitee and (ii) is in compliance with the
Federal Bureau of Alcohol, Tobacco, Firearms and Explosives' Employee Possessor
Questionnaire Program for all persons assigned to perform work at the Display.
Section 9. 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 10. Indemnity.
Contractor agrees to protect, defend, and hold harmless the City and its elective and
appointive boards, officers, agents, and employees from any and all claims, liabilities,
expenses, or damages of any nature, for injury or death of any person, or damages 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 11. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Contractor shall not allow any subcontractor to commence work on any
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subcontract until all insurance required of the Contractor has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
11.1 Commercial General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Commercial General Liability coverage in an amount not less than one million
dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated
with the work contemplated by this agreement. If a Commercial General Liability Insurance
form or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
11.2 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.
11.3 Worker's Compensation.
Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
11.4 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.
11.6 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 given to City, except
that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
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Section 12. 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 13. Entire Agreement
This Agreement and Exhibit A and B constitutes the entire understanding and
agreement between the parties and supersedes all previous negotiations between them
pertain to the subject matter thereof.
Section 14 Reserved.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have Ipxecu* this Agreement.
APPROVED AS TO FORM:
mai •• ' City —Attorney
In
ISTRANO
Dr.-Londres Uso, M
PYRO SPECTACULARS, INC.
By:
ames R. Souza,Pr&sidebY^
Pyro Spectaculars, Inc.
Exhibit A: RFP
Exhibit B: Display Agreement; Program A; Display Checklist; Scope of Work
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January 27, 2010
City of San Juan Capistrano
Cynthia Alexander
25925 Camino del Avion
San Juan Capistrano, CA 92675
Dear Ms. Alexander,
Pyro Spectaculars, Inc. is pleased to present to you our pyrotechnic proposal for your
July 4, 2010 event. We are proposing our special Sky Concertm Program "A" in the
amount of $31,500.00. Your display is scheduled for 9:00 p.m. and will be
approximately 15-20 minutes in duration.
Our full service display includes the services of a licensed pyrotechnic operator, an
electronic firing system, show choreography and design, insurance coverage, sales tax
and delivery. We will process the necessary fire department permit applications. Our
winning combination of products, people and production capabilities help produce the
best fireworks entertainment package possible.
City of San Juan Capistrano will be responsible for 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 for inspections. City of San Juan Capistrano will also
be responsible for providing the display location and all necessary security for the
display site.
Enclosed you will find a Product Synopsis, Personal Service Agreement and Display
Agreements for signature. Please have one copy of this fully executed agreement
returned to our office by March 15, 2010 along with your deposit.
Please take the time to review this proposal in detail. If you wish to discuss any
changes in your program or need more information, please call either myself or your
Customer Service Representative Connie Martinez at (909) 355-8120 ext. 227.
Sincerely,
PYRO SPECTACULARS, INC.
(
314JOWQV
Sam Breiggema0 d
PYRO Show Producer
SB/cm
Enclosures
EXHIBIT A
PYRO SPECTACULARS, INC.
P.O. Box 900186 • San Diego, CA 92190 • Phone: (619) 583.6141 or (800) 624.9360 • Fax: (619) 583.6185
0
Proposal Offtlifte
City of Son Awn,
9 Product Synopsis
• Conclusion and Commitment
* Production Agreement & Scope
of Work
Product $YINOPSIS
Pyro teclinic Proposal
City of San Aran Cap1strava
Pro raw A
s3"'fr. leo of
Opening
Description
♦ 3" Souza Designer Opening Salutes
Total of Opening
Main Body - Aerial Shells
Description
♦ 3" Souza Designer Selections
♦ 4" Souza Designer Selections
♦ 5" Souza Designer Selections
♦ 6" Souza Designer Selections
Total of Main Body -Aerial Shells
Pyrotechnic Devices
Description
♦ Sousa Dazzlers Custom Multishot Device
♦ Sousa Platinum Line Custom Multishot Device
Total of Pyrotechnic Devices
Grand Finale
Description
♦ 3" Souza Designer Bombardment Shells
♦ 4" Souza Designer Finale Shells
♦ 5' Souza Designer Finale Shells
♦ 6" Souza Designer Finale Shells
Quantity
25
25
Quantity
140
140
100
100
480
Quantity
1100 Shots
286 Shots
1,386
Quanti
200
30
9
6
Total of Grand Finale 246
Grand Total 2,136
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conn/usloo & caniv intent
KGB sky show 2008
We'd like to thank the City of San Juan Capistrano for allowing us to make
this presentation.
Our sincere effort has gone into preparing this proposal. We are
eager to hear your comments and answer any questions you may have.
We are confident that after your complete review of our ideas and
performance capabilities you will select Pyro Spectaculars by Souza as your
fireworks company.
saw Z mg- erica
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PYRO SPECTACULARS, INC,
Display Agreement (Special)
1) THIS AGREEMENT, entered into this day of 2010,
by and between PYRO SPECTACULARS, INC., a California corporation hereinafter
referred to as "PYRO" and City of San Juan Capistrano 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 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, 2010 at San Juan
Capistrano Sports Park, 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
fireworks 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's 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
J) After completion of the Display, that the Display Area is cleared of any live fireworks
debris originating from the program.
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PYRO SPECTACULARS, INC.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120::::: Fax: 909-355-9813
City of San Juan Capistrano
Program "A°
July 4, 2010
Page 2 of 4
4) PURCHASER shall pay to PYRO the sum of THIRTY ONE THOUSAND FIVE
HUNDRED Dollars ($31,500.00). A deposit of $15,750.00, plus estimated fire
department permit and/or standby fees of $00.00 must be paid by March 15, 2010. 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 10 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 which discretion shall be exercised reasonably 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
canceled, 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 canceled 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% 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.
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.
City of San Juan Capistrano
PSI - Display Agreement - Special
July 4, 2010 EXHIBIT B
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PYRO SPECTACULARS, INC.
P.O. Box 2329
Rialto, CA 92377
Tet: 909-355-6120::::i Fax: 909-355-9813
0
City of San Juan Capistrano
Program W
July 4, 2010
Page 3 of 4
8) PYRO reserves the ownership rights and trade names that are used in or are a
product of the pyrotechnic display to be performed herein. Any reproduction by sound,
video or other duplication or recording process without the express written permission
of PYRO is prohibited.
9) PYRO agrees to furnish insurance coverage in connection with the Display only,
for the following risks and amounts: bodily injury and property damage, including
products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such
insurance shall include PURCHASER as an additional insured regarding claims made
against PURCHASER for bodily injury or property damage arising from the operations
of PYRO in performing the Display provided for in this Agreement. Such insurance
afforded by PYRO shall not include claims made against PURCHASER for bodily injury
or property damage arising from A) Failure of PURCHASER, including through or by its
employees, agents and/or independent contractors, to perform its obligations under this
Agreement, including, without limitation, those contained in Paragraph 3 of this
Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall
indemnify and hold PYRO harmless from all claims and suits made against PYRO for
bodily injury or property damage arising from A) and B) of this Paragraph.
10) If any legal action is brought to enforce or interpret the terms or provisions of this
Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs
in addition to any other relief to which they may be entitled.
11) In the event PYRO breaches this agreement, or is otherwise negligent in
performing the fireworks display provided for herein, PURCHASER shall, under no
circumstances, be entitled to recover monetary damages from PYRO beyond the
amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall
not, under any circumstances, be entitled to recover any consequential damages from
PYRO including, without limitation, for loss of income, business or profits. Nothing in
this paragraph shall be construed as a modification or limitation on the insurance
coverage afforded in 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.
City of San Juan Capistrano
PSI - Display Agreement - Special
July 4, 2010 EXHIBIT B
9 9
PYRO SPECTACULARS, INC. City of San Juan Capistrano
P.O. Box 2329 Program "A"
Rialto, CA 92377 July 4, 2010
Tel: 909-355-8120::::: Fax: 909-355-9813 Page 4 of 4
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 Sart Juan Capistrano: 25925 Camino Del Avion, San Juan
Capistrano, CA 92675 — July 4, 2010 — Program "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.
In Witness Whereof the parties hereto, by and through their duly authorized agents,
have set their hands and seals this day of 2010.
PYRO SPECTACULARS, INC.:
dNi-� , Title President
J S R. SOUZA L/ I #�
PURCHASER:
Title
City of San Juan Capistrano
PSI - Display Agreement - Special
July 4, 2010
EXHIBIT B
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CITY OF SAN JUAN CAPISTRANO
YEAR 2010 4TH OF JULY FIREWORKS DISPLAY
SCOPE OF WORK
Electronically Fired Show With Choreographed & Synchronized Music
Not To Exceed $31,500
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 15-20 minute show. Please
ensure that the proposal is divided into the three (3) categories and specify what
would be included within each category:
1. Opening Finale
2. Main Program
3. Closing Finale
Provide a written description of the company's policy for monetary compensation to
the City when, due to the company's actions (or inactions):
1. The aerial display does not begin on time, or there is a delay during the show
2. 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.
3. There is a modification to the show, even though the show began on time
and there were no delays during the show.
4. Even though the correct amount of shells are delivered, all the shells are
not fired.
• Provide California 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 setup; 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.
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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 15-20 minute show; be responsible for the timely completion of all
preparation work so the display will begin at its official starting time of 9:00 pm.
Provide the City with a certificate of insurance* for public liability and property
damage, minimum sum of $1,000,000 AND provide the City with a liability
endorsement form* naming the City of San Juan Capistrano, its elected and
appointed officials, employees and servants as additional named insureds. Also to
be included on certificate and endorsement: South Coast Farms, Orange County
Fire Authority.
Provide the City with proof of Workers' Compensation Insurance* for all
employees as required by State laws governing fireworks displays and proof of
Automobile Insurance coverage* for all employees who will be driving
automobiles associated with this event.
Provide references for all July 4th displays conducted for the past three (3) years in
Orange County, CA. This listing will be used to determine a satisfactory and reliable
performance history.
City To:
Provide sand, DAT and CD Players, Clear -Com communication system, sound
system, suitable firing site, and City liaison.
Term:
The term of the agreement with the selected contractor shall be for the year 2010
aerial firework display.
*Must be received by City minimum of 21 working days prior to the event.
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SUPPLEMENTARY AGENDA REPORT
TO: Joe Tait, City Manage
FROM: Omar Sandoval, City Attorney
• 5/18/2010
SUBJECT: Consideration of Award of Contract for the 2010 4th of July Celebration
Fireworks Sky Concert (Pyro Spectaculars, Inc.)
By motion, approve the contract for the 2010 4th of July Celebration Fireworks Sky
Concert to Pyro Spectaculars, Inc., in the amount of $31,500 pursuant to the attached
revised contract.
SITUATION:
City staff is requesting approval of a contract for the 2010 4th of July Celebration to Pyro
Spectaculars, Inc. on substantially the same terms as agreed to last year. It has come
to our attention that some provisions of the contract agreed to last year were left out or
not revised for the current contract period. Attached is a revised contract, which
contains the terms in substantially the same form as approved by the Council last year.
The revisions to the contract that was included in the agenda packet are redlined and
affect the date of the agreement and Sections 8.2 (page 3) and 11 (top of page 4).
The Council does not need to pull the item from the consent calendar to approve the
attached revised contract.
Respectfully submitted,
QWardSanlA1460-
City Attorney
Attachment: Revised Contract with Pyro Spectaculars, Inc.
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into this 18th day of , May,
2010, by and between the City of San Juan Capistrano (hereinafter referred to as the
"City") and Pyro Spectaculars, Inc. (hereinafter referred to as the "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor to provide an aerial
fireworks sky concert display of the 4th of July; and
WHEREAS, Contractor is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as set
forth in Exhibit B, attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit B 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 commence on the effective date and shall terminate, and all
services required hereunder shall be completed as set forth in Exhibits A and B.
Section 3. Compensation.
3.1 Amount, Payment Schedule and Credit
Total compensation for the services hereunder shall not exceed $31,500, as
set forth in Exhibits A and B, attached and incorporated herein by reference. 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 B but does not begin by 9:05 p.m., PDT on
July 4, 2010, 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.
0 0
In the event the Display substantially complies with the scope of work
as set forth in Exhibit B, 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 B, 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 B, 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 bullets 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 the Contractor shall act and be an independent Contractor and not
an agent of employee of the City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
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. Reserved.
Section 7. Familiarity with Work and/or Construction 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 the
City of this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
2
0 0
Section 8. Compliance with Law; E -Verify.
8.1. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
8.2. E-Verify/ATF Employee Possessor Questionnaire.
a. If Contractor is not already enrolled in the U.S. Department of Homeland
Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen
days of the effective date of this Agreement to verify the employment authorization of new
employees assigned to perform work hereunder. Contractor shall verify employment
authorization within three days of hiring a new employee to perform work under this
Agreement. Information pertaining to the E -Verify program can be found at
http://www.uscis.gov, or access the registration page at https://www.vis-
dhs.com/emploverregistration. Contractor shall certify its registration with E -Verify and
provide its registration number within sixteen days of the effective date of this Agreement.
Failure to provide certification will result in withholding payment until full compliance is
demonstrated.
b. As an alternative to the requirement in subsection (a) above contractor shall
Questionnaire Program for all persons assigned to perform work at the Display.
Section 9. 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 10. Indemnity.
Contractor agrees to protect, defend, and hold harmless the City and its elective and
appointive boards, officers, agents, and employees from any and all claims, liabilities,
expenses, or damages of any nature, for injury or death of any person, or damages 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 11. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
9 0
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Contractor shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Contractor has also been obtained for the
subcontractor. Insurance required herein shall be provided by °tea Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A- Class
VII or better.
11.1 Commercial General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Commercial General Liability coverage in an amount not less than one million
dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated
with the work contemplated by this agreement. If a Commercial General Liability Insurance
form or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
11.2 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.
11.3 Worker's Compensation.
Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
11.4 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.
11.6 Notice of Cancel lation/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.
4
Section 12. 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 13. Entire Agreement
This Agreement and Exhibit A and B constitutes the entire understanding and
agreement between the parties and supersedes all previous negotiations between them
pertain to the subject matter thereof.
Section 14 Reserved.
[SIGNATURE PAGE TO FOLLOW]
5
•
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
0
Dr. Londres Uso, Mayor
PYRO SPECTACULARS, INC.
0
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
James R. Souza, President
Pyro Spectaculars, Inc.
Exhibit A: RFP
Exhibit B: Display Agreement; Program A; Display Checklist; Scope of Work
11
r
0 5/18/2010
Ll■
AGENDA REPORT
TO: Joe Tait, City Manage
FROM: Karen Crocker, Community Services Director
SUBJECT: Consideration of Award of Contract for the 2010 4t' of July Celebration
Fireworks Sky Concert (Pyro Spectaculars, Inc.)
RECOMMENDATION:
By motion, approve the contract for the 2010 4th of July Celebration Fireworks Sky
Concert to Pyro Spectaculars, Inc., in the amount of $31,500.
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 $31,500 for July 4, 2010.
B. Backsaround
A 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 (Attachment 1 and Exhibit B).
Staff has reviewed previous history with both contractors noting the Pyro
Spectaculars, Inc.'s presentation, equipment, and staff had been delivered with
professionalism for over 19 years. In 1999, when the City contracted Zambelli
Fireworks Internationale, there was negative input from staff and the community due
to the unanticipated intermission in the aerial show resulting from the proper firing
equipment not being delivered to the site. It was also through other comments from
surrounding cities experiencing the same problems that influenced staff to support
the recommendation. The other two companies did not submit bids.
The proposed Personal Service Agreement (Attachment 2) includes a Scope of
Work, Display Agreement, and Display Checklist with Pyro Spectaculars, Inc.
(Exhibits A and B).The Agreement will be valid for July 4, 2010.
0
Agenda Report
Page 2
E
May 18, 2010
Staff 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 Sunday, July 4, 2010, from 6:00 p.m. -9:30 p.m., at
the San Juan Capistrano Sports Park. The day's festivities include live stage
entertainment, rides, games and an aerial fireworks sky concert.
COMMISSION/BOARD REVIEW, RECOMMENDATION:
This item was presented at the May 17, 2010 Parks, Recreation and Equestrian
Commission meeting, and any changes or modifications to the item requested by the
Commission will be incorporated in staffs verbal presentation to the City Council the
evening of May 18, 2010.
FINANCIAL CONSIDERATIONS:
The annual fireworks display is a budgeted item. Half of the $31,500 ($15,750) will be
paid from the current fiscal year's budget, with the remaining half being included in
the proposed budget for fiscal year 2010-11 and the payment for this one (1) year
contract follow payment procedure.
NOTIFICATION:
James R. Souza, President, Pyro Spectaculars, Inc.
Sam Bruggema, Pyro Spectaculars, Inc.
By motion, approve the contract for the 2010, 4t" of July Celebration Fireworks Sky
Concert to Pyro Spectaculars, Inc., in the amount of $31,500.
WRe pecttull submitted,
Ka n Crocker
Community Services Director
Pre ar y,
I
ynthia Alexander
Community Services Manager
Attachments: 1. Zambelli Fireworks Internationale and Pyro Spectaculars, Inc.
Proposals
2. Personal Services Agreement
3. Location Map
Zambel I
ZAMOBLLI FIREWORKS INT@RNWWNAL Revised
Proudly Presents
A Pyrotechnic Extravaganza
to be held
July 4, 2010
on behalf of
Community Services
San Juan Capistrano, California
ATTACHMENT 1
0
zambe10
l
Il7ONALE
Community Services
San Juan Capistrano, California
Revised
February 1, 2010
With your choreographed display for $31,500.00 we will provide the following:
OPENING FANFARE:
100 Three Inch Assorted Color Star Shells, Fancy Star Shells, Peonies,
Chrysanthemums, Flash & Titanium Salutes
12 Four Inch Assorted Finale Shells
10 Five Inch Assorted Finale Shells
S Six Inch Assorted Finale Shells
BODY OF PROGRAM:
THREE INCH ASSORTED AERIAL DISPLAY SHELLS - 250 - Consisting oh
Color Star Shells
Multi -Color Star Shells
Fancy Star Shells
Super Fancy Shells
Special Compartmental Shells
Super Deluxe Compartemental Shells
Oriental Chrysanthemum Shells
Zambelli Multi -Break Shells
FOUR INCH ASSORTED AERIAL DISPLAY SHELLS - 216- Consisting of:
Color Star Shells
Multi -Color Star Shells
Fancy Star Shells
Super Fancy Shells
Special Compartmental Shells
Super Deluxe Compartemental Shells
Oriental Chrysanthemum Shells
Zambelli Multi -Break Shells
0 z
ZAMeELu
Community Services
San Juan Capistrano, California
E
ambelli
RREWORKE IWMRNATIONALE
Revised
February 1, 2010
FIVE INCH ASSORTED AERIAL DISPLAY SHELLS -150 - Consisting of:
Color Star Shells
Multi -Color Star Shells
Fancy Star Shells
Super Fancy Shells
Special Compartmental Shells
Super Deluxe Compartemental Shells
Oriental Chrysanthemum Shells
Zambelli Multi -Break Shells
SIX INCH ASSORTED AERIAL DISPLAY SHELLS -120 - Consisting of:
Color Star Shells
Multi -Color Star Shells
Fancy Star Shells
Super Fancy Shells
Special Compartmental Shells
Super Deluxe Compaxtemental Shells
Oriental Chrysanthemum Shells
Zambel 1
ZAM13ELLI FIREWORKS IN RNATIONALE
Community Services
San Juan Capistrano, California
GRAND FINALE:
Revised
February 1, 2010
400 Three Inch Assorted Color Star Shells, Fancy Star Shells, Peonies,
Chrysanthemums
40 Three Inch, Flash & Titanium Salutes
30 Four Inch Assorted Finale Shells
25 Five Inch Assorted Finale Shells
20 Six Inch Assorted Finale Shells
•
Zambell1•
ZAMBB"I FIREWORKS INTERNATIONALS
Community Services
San Juan Capistrano, California
Description
Fanfare
M
Finale
Three Inch Finale Shells
Four Inch Finale Shells
Five Inch Finale Shells
Six Inch Finale Shells
Three Inch Display Shells
Four Inch Display Shells
Five Inch Display Shells
Six Inch Display Shells
Three Inch Finale Shells
Four Inch Finale Shells
Five Inch Finale Shells
Six Inch Finale Shells
SYNOPSIS
July 4, 2010
Offered in 2009
$31,500
AERIAL PROGRAM
100
12
10
8
150
216
150
100
440
30
25
20
Revised
February 1, 2010
Offer for 2010
$31.500
100
12
10,
8'
250
216
150
120
440
30
25
20
Total Shells 1261 1381
ZAM13ELLI
Community Services
San Juan Capistrano, California
0
a,mbelli
Fliiswows INTERMATIONALE
SYNOPSIS (cont)
July 4, 2010
Revised
February 1, 2010
In addition to the 1381 aerial shells previously listed -- we will include the following
multi -shot Barrage Cakes which will be choreographed to enhance the aerial
presentation and add another element of depth to the display.
Multi -Shot Cakes
(Rise 150' to 200' into the sky)
100 Shot Cakes 4
200 Shot Cakes 4
300 Shot Cakes 2
408 Shot Cakes
2
Individual Multi -Shot Cakes 12
Total'shots' from Cakes 2616
Zarnbeffi*
ZAMBELLI FIREWORKS INTERNATIONAI.E
Revised
Community Services February 1, 2010
San Juan Capistrano, California
SCHEDULE OF SERVICES
1. Display uses shells from 3 -inch to 6 -inch and will be 19 - 20- minutes in
length
2. Cost includes Licensed Pyrotechnician, crew, transportation, and
supplies and materials required to produce the display.
3. Required permits will be obtained from the OCFA to be in compliance
with all local, state and federal regulations.
4. A certificate of General Liability Insurance of $10,000,000 will be
provided to Community Services.
5. A Proof of Insurance endorsement naming the City of San Juan
Capistrano as additionally insured will be provided.
6. Proof of Workers Compensation Insurance through State
Compensation Fund will be provided.
7. Zambelli will work with the City's support vendors to determine
communication and sound support requirements.
S. Zambelli will work with the Community Services/Parks & Recreation
department to approve a soundtrack of appropriate music for the show.
9. Our lead choreographers Mr. Michael Richards and Parick Brault (Mr.
Brawl's resume is enclosed) will have the responsibility of designing
your display.
10. We will customize the soundtrack to include opening and closing
statements.
0
Louis Martini Winery
Ms. Alecia Robbins
Zambel i
References 2010
ZAmss"I FIRKW RKB INTERNATIONALFE
References 2olo
P.O. Box 12
Stockton, CA 95219
Thunder Over Louisville, Kentucky Derby Mount Rushmore National Memorial
Mr. Wayne Hettinger
Ms. Diana Saathoff
10420 Covered Bridge Road 825 St. Joseph Street, 3rd Floor
Prospect, KY 40059
Rapid City, SD 57702
502 228-6080
605 574-2523
Ventura County Fair
Ms. Barbara Boester-Quaid
4349 Duffer Drive. Ste 1311
10 W. Harbor Blvd.
Ventura, CA 93001
805 207-7667
LA Beaches and Harbors
AVI Hotel/Casino
Ms. Catrina Love
Mr. Fred Muirhead
13837 Fiji Way
P.O. Box 89020
Marina del Rey, CA 90292
Lau hlin, NV 77011
102
310 305-9511
535-5530
2000 Main Street
Weaverville Chamber of Commerce
Huntington
Ms. Pat Zugg.
831 685-3317
P.O. Box 1648
714 374-5312
Weaverville, CA 96093
Twen%Nine Palms Marine Base
530 623-3212
Channel Islands
Knott's Berry Farm
Ms. Michele Gilmour
Ms. Julie Owens
3900 Pelican Way
8039 Beach Boulevard
Oxnard, CA 93035
Buena Park, CA 90620
805 382-3013
714 220-5092
Brookside Country Club
Louis Martini Winery
Ms. Alecia Robbins
Ms. Carolyn Martini
3603 St. Andrews Drive
P.O. Box 12
Stockton, CA 95219
Saint Helena, CA 94574
209 956-6200
800 321 -WINE
Nellis Air Force Base
Ms.Elena Cortez
4349 Duffer Drive. Ste 1311
Nellis AFB, NV 89191
-702 652-2909
The Monte Fund
Cityof Huntington Beach
Ms. Kim Gallick
s. Naida Osline
783-39 Rio del Mar Blvd
2000 Main Street
Aptos, CA 95003
Huntington
Beach, CA 92648-3703
831 685-3317
714 374-5312
Twen%Nine Palms Marine Base
Mr. Robert L. Miller
MAGTFTC MCAGCC, Box 788100
Twentynine Palms, CA 92278-8700
760 830-5053
San Gennaro Feast Edwards Air Force Base
Mr. Anthony Palmisano Mr. Nicholas Condos
3675 South Rainbow Blvd. tl107-131 5 South Wolfe Avenue
Las Vegas, NV 89103 Edwards AFB, CA 93524-1185
702 286-4944 661 277-9118
January 27, 2010
City of San Juan Capistrano
Cynthia Alexander
25925 Camino del Avion
San Juan Capistrano, CA 92675
Dear Ms. Alexander,
Pyro Spectaculars, Inc. is pleased to present to you our pyrotechnic proposal for your
July 4, 2010 event. We are proposing our special Sky ConcertTM Program "A" in the
amount of $31,500.00. Your display is scheduled for 9:00 p.m. and will be
approximately 15-20 minutes in duration.
Our full service display includes the services of a licensed pyrotechnic operator, an
electronic firing system, show choreography and design, insurance coverage, sales tax
and delivery. We will process the necessary fire department permit applications. Our
winning combination of products, people and production capabilities help produce the
best fireworks entertainment package possible.
City of San Juan Capistrano will be responsible for 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 for inspections. City of San Juan Capistrano will also
be responsible for providing the display location and all necessary security for the
display site.
Enclosed you will find a Product Synopsis, Personal Service Agreement and Display
Agreements for signature. Please have one copy of this fully executed agreement
returned to our office by March 15, 2010 along with your deposit.
Please take the time to review this proposal in detail. If you wish to discuss any
changes in your program or need more information, please call either myself or your
Customer Service Representative Connie Martinez at (909) 355-8120 ext. 227.
Sincerely,
PYRO SPECTACULARS, INC,
(k?o
Sam Bruggema
PYRO Show Producer
SB/cm
Enclosures
PYRO SPECTACULARS, INC.
P.O. Box 900186 • San Diego, CA 92190 • Phone: (619) 583-6141 or (800) 624-9360 • Fax: (619) 583-6185
9
0
Proposal Outline for
City of San Jaen Capistrano
• Product Synopsis
• Conclusion and Commitment
*Production Agreement& Scope
of Work
0
0
Product Synapsis
Pyro teC1117C Proposal
City of San .lean Capistrano
Pro rran� A
3 (,3004, 00
Opening
Description
♦ 3" Souza Designer Opening Salutes
Main Body - Aerial Shells
Description
♦ 3" Souza Designer Selections
♦ 4" Souza Designer Selections
♦ 5' Souza Designer Selections
♦ 6" Souza Designer Selections
Quantity
25
Total of Opening 25
Total of Main Body - Aerial Shells
Pyrotechnic Devices
Description
♦ Sousa Dazzlers Custom Multishot Device
♦ Sousa Platinum Line Custom Multishot Device
Total of Pyrotechnic Devices
Grand Finale
Description
♦ 3" Souza Designer Bombardment Shells
♦ 4" Souza Designer Finale Shells
♦ 5" Souza Designer Finale Shells
♦ 6" Souza Designer Finale Shells
Total of Grand Finale
Grand Total
Quantity
140
140
100
100
480
Quantity
1100 Shots
286 Shots
1,386
Quantity
200
30
9
6
245
2,136
0
r
Conclusion & Commitment
KGB Sky Show 2008
We'd like to thank the City of San Juan Capistrano for allowing us to make
this presentation.
Our sincere effort has gone into preparing this proposal. We are
eager to hear your comments and answer any questions you may have.
We are confident that after your complete review of our ideas and
performance capabilities you will select Pyro Spectaculars by Souza as your
fireworks company.
,Sara gruggewa
7�r F20 -hew pnducer
0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into this day of , 2010, by
and between the City of San Juan Capistrano (hereinafter referred to as the "City") and
Pyro Spectaculars, Inc. (hereinafter referred to as the "Contractor').
RECITALS:
WHEREAS, City desires to retain the services of Contractor to provide an aerial
fireworks sky concert display of the 4t" of July; and
WHEREAS, Contractor is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as set
forth in Exhibit B, attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit B 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 commence on the effective date and shall terminate, and all
services required hereunder shall be completed as set forth in Exhibits A and B.
Section 3. Compensation.
3.1 Amount, Payment Schedule and Credit.
Total compensation for the services hereunder shall not exceed $31,500, as
set forth in Exhibits A and B, attached and incorporated herein by reference. 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 B but does not begin by 9:05 p.m., PDT on
July 4, 2010, 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.
Attachment 2
0 0
In the event the Display substantially complies with the scope of work
as set forth in Exhibit B, 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 B, 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 B, 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 bullets 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 the Contractor shall act and be an independent Contractor and not
an agent of employee of the City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
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. Reserved.
Section 7. Familiarity with Work and/or Construction 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 the
City of this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
2
0 0
Section 8. Compliance with Law: E -Verify.
8.1. Compliance with Law.
Contractor shall complywith all applicable laws, ordinances, codes and regulations
of federal, state and local government.
8.2. E-Verify/ATF Employee Possessor Questionnaire.
a. If Contractor is not already enrolled in the U.S. Department of Homeland
Security's E -Verify program, Contractor shall enroll in the E -Verify program within fifteen
days of the effective date of this Agreement to verify the employment authorization of new
employees assigned to perform work hereunder. Contractor shall verify employment
authorization within three days of hiring a new employee to perform work under this
Agreement. Information pertaining to the E -Verify program can be found at
hftp://www.uscis.gov, or access the registration page at https://www.vis-
dhs.com/employerregistration. Contractor shall certify its registration with E -Verify and
provide its registration number within sixteen days of the effective date of this Agreement.
Failure to provide certification will result in withholding payment until full compliance is
demonstrated.
Section 9. 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 10. Indemnity.
Contractor agrees to protect, defend, and hold harmless the City and its elective and
appointive boards, officers, agents, and employees from any and all claims, liabilities,
expenses, or damages of any nature, for injury or death of any person, or damages 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 11. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Contractor shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Contractor has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A- Class
VII or better.
3
11.1 Commercial General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Commercial General Liability coverage in an amount not less than one million
dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated
with the work contemplated by this agreement. If a Commercial General Liability Insurance
form or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to the work to be performed under this agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
11.2 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.
11.3 Worker's Compensation.
Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
11.4 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.
11.6 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 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 12. 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:
0
11
•
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 13. Entire Aureement
This Agreement and Exhibit A and B constitutes the entire understanding and
agreement between the parties and supersedes all previous negotiations between them
pertain to the subject matter thereof.
Section 14 Reserved.
[SIGNATURE PAGE TO FOLLOW]
5
0
11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
0
Dr. Londres Uso, Mayor
PYRO SPECTACULARS, INC.
M
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
James R. Souza, President
Pyro Spectaculars, Inc.
Exhibit A: RFP
Exhibit B: Display Agreement; Program A; Display Checklist; Scope of Work
11
0 0
January 27, 2010
City of San Juan Capistrano
Cynthia Alexander
25925 Camino del Avion
San Juan Capistrano, CA 92675
Dear Ms. Alexander,
Pyro Spectaculars, Inc, is pleased to present to you our pyrotechnic proposal for your
July 4, 2010 event. We are proposing our special Sky ConcertTM Program "A" in the
amount of $31,500.00. Your display is scheduled for 9:00 p.m. and will be
approximately 15-20 minutes in duration.
Our full service display includes the services of a licensed pyrotechnic operator, an
electronic firing system, show choreography and design, insurance coverage, sales tax
and delivery. We will process the necessary fire department permit applications. Our
winning combination of products, people and production capabilities help produce the
best fireworks entertainment package possible.
City of San Juan Capistrano will be responsible for 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 for inspections. City of San Juan Capistrano will also
be responsible for providing the display location and all necessary security for the
display site.
Enclosed you will find a Product Synopsis, Personal Service Agreement and Display
Agreements for signature. Please have one copy of this fully executed agreement
returned to our office by March 15, 2010 along with your deposit.
Please take the time to review this proposal in detail. If you wish to discuss any
changes in your program or need more information, please call either myself or your
Customer Service Representative Connie Martinez at (909) 355-8120 ext. 227.
Sincerely,
PYRO SPECTACULARS, INC.
&%Uwm�
Sam Bruggema
PYRO Show Producer
SB/cm
Enclosures
EXHIBIT A
PYRO SPECTACULARS, INC.
P.O. Box 900186 • San Diego, CA 92190 • Phone: (619) 583-6141 or (800) 624-9360 • Fax: (619) 583-6185
L
Proposal Outline for
City of San Juan Capistrano
• Product Synopsis
• Conclusion and Commitment
• Production Agreement & Scope
of Work
0
0
Product Synopsis
Pyro technic Proposal
City of San Juan Capistrano
Program A
$3f,✓Oo.00
Opening
Description
♦ 3" Souza Designer Opening Salutes
Main Body - Aerial Shells
Description
♦ 3" Souza Designer Selections
♦ 4" Souza Designer Selections
♦ 5" Souza Designer Selections
♦ 6" Souza Designer Selections
Quantity
25
Total of Opening 26
Total of Main Body - Aerial Shells
Pyrotechnic Devices
Description
♦ Sousa Dazzlers Custom Multishot Device
♦ Sousa Platinum Line Custom Multishot Device
Total of Pyrotechnic Devices
Grand Finale
Description
♦ 3" Souza Designer Bombardment Shells
♦ 4" Souza Designer Finale Shells
♦ 5' Souza Designer Finale Shells
♦ 6" Souza Designer Finale Shells
Total of Grand Finale
Grand Total
Quantity
140
140
100
100
480
Quantity
1100 Shots
286 Shots
1,386
Quantity
200
30
9
6
245
2,136
0
1]
Conclusion & commitment
KGB Sky Show 2008
We'd like to thank the City of San Juan Capistrano for allowing us to make
this presentation.
Our sincere effort has gone into preparing this proposal. We are
eager to hear your comments and answer any questions you may have.
We are confident that after your complete review of our ideas and
performance capabilities you will select Pyro Spectaculars by Souza as your
fireworks company.
,sato gruggevua
P,P-0 Show Prrducer
0 0
PYRO SPECTACULARS, INC.
Display Agreement (Special)
1) THIS AGREEMENT, entered into this_ day of 2010,
by and between PYRO SPECTACULARS, INC., a California corporation hereinafter
referred to as "PYRO" and City of San Juan Capistrano 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 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, 2010 at San Juan
Capistrano Sports Park, 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
fireworks 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
J) After completion of the Display, that the Display Area is cleared of any live fireworks
debris originating from the program.
PYRO SPECTACULARS, INC.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::;: Fax: 909-355-9813
City of San Juan Capistrano
Program "A"
July 4, 2010
Page 2 of 4
4) PURCHASER shall pay to PYRO the sum of THIRTY ONE THOUSAND FIVE
HUNDRED Dollars ($31,500.00). A deposit of $15,750.00, plus estimated fire
department permit and/or standby fees of $00.00 must be paid by March 15, 2010. 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 10 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 which discretion shall be exercised reasonably 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
canceled, 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 canceled 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% 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.
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.
City of San Juan Capistrano
PSI - Display Agreement - Special
July 4, 2010
EXHIBIT B
PYRO SPECTACULARS, INC. City of San Juan Capistrano
P,O. Box 2329 Program "A"
Rialto, CA 92377 July 4, 2010
Tel: 909-355-8120::::: Fax: 909-355-9813 Page 3 of 4
8) PYRO reserves the ownership rights and trade names that are used in or are a
product of the pyrotechnic display to be performed herein. Any reproduction by sound,
video or other duplication or recording process without the express written permission
of PYRO is prohibited.
9) PYRO agrees to furnish insurance coverage in connection with the Display only,
for the following risks and amounts: bodily injury and property damage, including
products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such
insurance shall include PURCHASER as an additional insured regarding claims made
against PURCHASER for bodily injury or property damage arising from the operations
of PYRO in performing the Display provided for in this Agreement. Such insurance
afforded by PYRO shall not include claims made against PURCHASER for bodily injury
or property damage arising from A) Failure of PURCHASER, including through or by its
employees, agents and/or independent contractors, to perform its obligations under this
Agreement, including, without limitation, those contained in Paragraph 3 of this
Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall
indemnify and hold PYRO harmless from all claims and suits made against PYRO for
bodily injury or property damage arising from A) and B) of this Paragraph.
10) If any legal action is brought to enforce or interpret the terms or provisions of this
Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs
in addition to any other relief to which they may be entitled.
11) In the event PYRO breaches this agreement, or is otherwise negligent in
performing the fireworks display provided for herein, PURCHASER shall, under no
circumstances, be entitled to recover monetary damages from PYRO beyond the
amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall
not, under any circumstances, be entitled to recover any consequential damages from
PYRO including, without limitation, for loss of income, business or profits. Nothing in
this paragraph shall be construed as a modification or limitation on the insurance
coverage afforded in 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.
City of San Juan Capistrano
PSI - Display Agreement - Special
July 4, 2010 EXHIBIT B
0
PYRO SPECTACULARS, INC.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120::::: Fax: 909-355-9813
0
City of San Juan Capistrano
Program "A"
July 4, 2010
Page 4 of 4
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
15) All terms of this Agreement are in writing and may only be modified by written
agreement of both parties hereto. Both parties acknowledge they have received a copy
of said written Agreement and agree to be bound by said terms of written Agreement
only.
16) If there is more than one PURCHASER, they shall be jointly and severally
responsible to perform PURCHASER's obligations under this Agreement. This
Agreement shall become effective after it is executed and accepted by PURCHASER
and after it is executed by PYRO at PYRO's offices in Rialto, California. This
Agreement may be executed in several counter parts, including faxed copies, each one
of which shall be deemed an original against the party executing same. This
Agreement shall be binding upon the parties hereto and upon their heirs, successors,
executors, administrators and assigns. PURCHASER recognizes that because of the
nature of fireworks, an industry accepted level of 3% of the product used in any display
may not function as designed and this level of nonperformance is acceptable as full
performance.
In Witness Whereof the parties hereto, by and through their duly authorized agents,
have set their hands and seals this day of 2010.
PYRO SPECTACULARS, INC.:
I,Title President
J S R. SOUZAUl
PURCHASER:
Title
City of San Juan Capistrano
PSI - Display Agreement - Special
July 4, 2010 EXHIBIT B
E
0
CITY OF SAN JUAN CAPISTRANO
YEAR 2010 4TH OF JULY FIREWORKS DISPLAY
SCOPE OF WORK
Electronically Fired Show With Choreographed & Synchronized Music
Not To Exceed $31,500
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 15-20 minute show. Please
ensure that the proposal is divided into the three (3) categories and specify what
would be included within each category:
1. Opening Finale
2. Main Program
3. Closing Finale
Provide a written description of the company's policy for monetary compensation to
the City when, due to the company's actions (or inactions):
1. The aerial display does not begin on time, or there is a delay during the show
2. 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.
3. There is a modification to the show, even though the show began on time
and there were no delays during the show.
4. Even though the correct amount of shells are delivered, all the shells are
not fired.
Provide California 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.
0
0
• 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 15-20 minute show; be responsible for the timely completion of all
preparation work so the display will begin at its official starting time of 9:00 pm.
• Provide the City with a certificate of insurance* for public liability and property
damage, minimum sum of $1,000,000 AND provide the City with a liability
endorsement form* naming the City of San Juan Capistrano, its elected and
appointed officials, employees and servants as additional named insureds. Also to
be included on certificate and endorsement: South Coast Farms, Orange County
Fire Authority.
• Provide the City with proof of Workers' Compensation Insurance* for all
employees as required by State laws governing fireworks displays and proof of
Automobile Insurance coverage* for all employees who will be driving
automobiles associated with this event.
• Provide references for all July 4th displays conducted for the past three (3) years in
Orange County, CA. This listing will be used to determine a satisfactory and reliable
performance history.
City To:
• Provide sand, DAT and CD Players, Clear -Com communication system, sound
system, suitable firing site, and City liaison.
Term:
• The term of the agreement with the selected contractor shall be for the year 2010
aerial firework display.
• *Must be received by City minimum of 21 working days prior to the event.
L��J� THE CITY OF
SAN JUAN CAPISTRANO
#+ I N
n A
Location of the 2010 4" of July Celebration
Fireworks Sky Concert (Pyro Spectaculars, Inc.)
sti
San Juan Capistrano Sports Park
25925 Camino de Avion
M1
i
/ r
±4ni, i 4 l
0 3000 6000 9000 Feet
Attachment 3
11
32440 PASVO AOELANTO
&AN .IUAN cAPISTRANO, CA 92675
(949) 4931171
(949) 493.1653 FAX
WKWsanjuancaptstrano.org
•
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAMALLMTO
LAURAFREESE
THOWS W. HROM
MANN NIELSEN
OR LONOWS USO
The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, May 18, 2010,
in the City Council Chamber in City Hall, to consider: "Consideration of Award of
Contract for the 2010 4th of July Celebration Fireworks Sky Concert (Pyro
Spectaculars, Inc.)" — Item No. D7.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, May 17, 2010, 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,
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.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerkCa) san i ua ncap istra no.org.
Maria Morris, CMC
City Clerk
cc: James R. Souza, President, Pyro Spectaculars, Inc.; Sam Bruggema, Pyro
Spectaculars, Inc..
San Juan Capistrano: Preserving the Past to Enhance the Future
0
Debbie Evenson
0
From: Laurie Collins [Icollins@pyrospectaculars.com]
Sent: Monday, June 07, 2010 1:58 PM
To: Debbie Evanson
Subject: FW: Supplemental Agreement from the City of San Juan Capistrano
Debbie,
See my email below regarding agreement to changes.
Thanks,
Laurie L. Collins
Legal Assistant
Pyro Spectaculars, Inc.
3196 N. Locust Avenue
Rialto, CA 92377
P:(909)355-8120
F:(909)355-9813
From: Laurie Collins [mailto:Icollins@pyrospectaculars.com]
Sent: Tuesday, May 25, 2010 8:20 AM
To: 'Debbie Evenson'
Subject: RE: Supplemental Agreement from the City of San Juan Capistrano
Dear Debbie,
Thank you. Mr. Brown and Mr. Sandoval discussed these changes last week and yes we do agree to the
revisions.
Regards,
Laurie L. Collins
Legal Assistant
Pyro Spectaculars, Inc.
3196 N. Locust Avenue
Rialto, CA 92377
P:(909)355-8120
F:(909)355-9813
From: Debbie Evenson [mailto:DEvenson@sanjuancapistrano.org]
Sent: Monday, May 24, 2010 4:48 PM
To: Icollins@pyrospectaculars.com
Subject: FW: Supplemental Agreement from the City of San Juan Capistrano
Dear Laurie,
Attached please find the revised agreement.
40
From: Debbie Evenson
Sent: Thursday, May 20, 2010 8:02 AM
To: 'sbruggema@pyrospectaculars.com'
Cc: Cynthia Alexander
Subject: Supplemental Agreement from the City of San Juan Capistrano
Dear Sam,
Could you please send in writing (email is OK) that you agree to the attached Personal Services
Agreement? Our City Attorney made a few changes and submitted it to Council as a supplemental
agenda item. Council approved the agreement May 18, 2010. As soon as we get your email
confirming that you agree to the changes, I will forward it to City Clerk and she will have the Mayor
sign the agreement.
Debbie Evanson, Administrative Coordinator
City of San Juan Capistrano
Community Services Department
25925 Camino del Avion
San Juan Capistrano, CA 92675
e-mail: devenson(a)sanivancapistrano.org
Phone: (949) 443-6380
Fax: (949) 661-6660
ACORDR CERTIFICATE OF L
PRODUCER Phone: 440-248-4711 Fax: 440 -544 -
Britton -Gallagher and Associates, Inc.
624D SOM Center Rd.
Cleveland OH 44139
INSURED
Pyro Spectaculars Inc.
San Diego Fireworks
P. O. Box 2329
Rialto CA 92377
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRD'L
LRRC
TYPE OF INSURANCF
POLICY NUMBER
POLICYEFFECTIVE
DATE MMIDDrM
POUCYEXPIRATION
DATE fMMIDOM)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ID OCCUR
EACH OCCURRENCE f
PREMISES Eaoccurence S
MEDEXP(Anypnepersan) E
PERSONAL B ADV INJURY f
GENERAL AGGREGATE $
GENT AGGREGATE
POLICY
LIMIT APPLIES
PRO-IFQ.T F-1
PER:
LOC
PRODUCTS-COMP/OP AGO $
A
AUTOMOBILE
X
$
X
LIABILITY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNEDAUTOS
CAS3460083
1/13/2010
1/13/2011
COMBINEDSiNGLE LIMIT
(se actltlen) f 1, DDD, DDD
BODILY INJ URY
(Per person) f
BODILYINJURY
(Perapaitlenl) $
PROPERTYDAMAGE $
(Peraoatlent)
GARAGE LIABILITY
ANYAUTO
AUTO ONLY -EA ACCIDENT f
OTHERTHAN EA ACC S
AUTO ONLY: AGG f
B
EXCESSIUMBREL" LIABILITY
X OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $
JFP0024510
1/13/2010
1/13/2011
EACH OCCURRENCE $4,000,000
AGGREGATE E4 000 000
S
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICE RIMEMBER EXCLUDEDT
IlyyCIea. tl L PRO under
SPEALPROVISKINS Oebw
WCSTATIUOTH-
JIM T
E.L. EACH ACCIDENT E
E.L. DISEABE - EA EMPLOYEE S
EI. DISEASE -POLICY LIMIT E
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
ertificate Holder i8 Named as an additional insured.
City of San Juan Capistrano
25925 Camino Del Avion
San Juan Capistrano CA 92675
LO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
RE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
IFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
L IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
INSURER, ITS AGENTS OR REPRESENTATIVES.
0 0
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
12001/081
0
Policy Number: CA000002771.24
ENDORBEMENr 13
Al: 08 76 03 03
Effective Date: 01/13/2010
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance pmvidod under the following:
COMMERCIAL GENERAL LIAI311MY COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
It is agreed the following -are included as additional insureds hereunder.
Sponsors, landowners, bargeownan, and/or Licensing with respect to operations of the named insured in
connection with the preparations for, the firing of, or cleanup following, fireworks displays performed by the
named insured or the named-lnswed's employees and to whom cer ificate(s) of insurance are issued which specify
date( a) and location(a) of such displays.
The coverage afforded such Additional lowed's does not apply to injury or damage arising from the failure of
any such Additional insured to fulfill its obligations specified in its contract with the Named insured.
At 08 76 02 03 Page t of 1 0
• POLICYHOLDEJfPY SO
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 10-14-2009
ORANGE COUNTY FIRE AUTHORITY
8081 WESTERN AVENUE
BUENA PARK CA 90920
GROUP
POLICY NUMBER: 0803749-2009
CERTIFICATE ID: 112
CERTIFICATE EXPIRES: 10-14-2010
10-14-2009/10-14-2010
SO JOB:ALL OPERATIONS
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer,
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the 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.
THORIZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-14-2002 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
PYRO SPECTACULARS, INC.
PO BOX 2329
RIALTO CA 92377
SO
M0410
(REv.2-05) PRINTED : 09-17-2009
D&ON INSURANCE BROKER ANC.
2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067
BIRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220
TELEPHONE (205) 8545806 FAX. (205) 8545899
CERTIFICATE OF INSURANCE NO. 020212
We certify that insurance as outlined below is aBorded the Named Insured under policy CAOOM2771-24 issued by Admiral Insurance Company.
NAMED INSURED Pyre Spectaculars, Inc. Pyre Spectaculars by Sours
Pyro Events, Inc. Pyre Spectacular Industries, Inc.
Pyro Spectaculars Productions, Inc. North American Fireworks Co., hic. (NAPCO)
P.O. Box 2329 San Diego Fireworks
Rialto, California 92377
PERIOD January, l3, 2010 to January 12, 2011; Both days inchrsive.
COVERAGE
LIMITS OF
LIABILITY
Commercial General Liability. Covering against the legal liability of the Named burned for Bodily Injury
and Property Damage caused by, or arising Goan, the preparation for, the firing of or the clearance following
fireworks display(s) stated below.
A) Each Oocmmace
B) General Aggregate
C) Products & Completed Operations Aggregate
$1,000,000
$2,000,000
$z000,000
The addition of more dean one insured does not save to increase the limits of liability. Aggregate limits shown
may have been reduced by paid claims.
It is citified that, in accordance with, and subject to, the tams of the above policy, the following SPONSORS AND PROPERTY OWNERS
AND LICENSING AUTHORITIES me included as Additional IasumAs), but only in respect oft e legal liability ofsudh Additional Insured(s)
for Bodily Injury and Property Damage caused by the operations of the Named Insured in oomeaim with the firms ofthe fireworks display(s)
stated below. The insurance afforded any Additional Insured does not mdude coverage for any injury or damage arising from the Gilme of such
Additional Insured to fulfill its obligations specified in its contract with the Named homed.
NAME & ADDRESS OF INSURED 5
PROPERTY OWNERS, LICENSORS
City of San Juan Capistrano
25925 Camino Del Avion
San Juan Capistrano, CA 92675
ADDITIONAL LNSURED(S): City of San Joan Capistrano, County of Orange, Orange County Fire
Authority, South Coast Farms, and their officers, agents and employees when acting in their official
capacity as such.
DISPLAY LOCATION
San Juan Capistrano Sports Parc
San Juan Capistrano, CA
DISPLAY DATE(S)
July 4, 2010
This insurance applies automatically if the described display is fired many 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 AP TER January 12, 2011.
Ibis certificate a not an insurance policy and does not in any way amend, extend or ager the coverage afEwded bytlw policy listed above. For
pmlierulins concerning fire terms, exclusions and conditions ofsudn Policy MA Additional banned is Wki ed lo die policy dommtans m fire
possession of the Named Insured. Should fire above described policy be cance®cd before die expiation dale themo& the isswng company will mail
30 days` prior written notice to the above named Additional Insured.
DRAYTON INSURANCE BROKERS, INC.
May 24 2010
DATE OF ISSUEJ.J. STRINGER,
CALIFORNIALICEN .OA18664
0
Today's Date: 5/6/10
0
CONTRACT TRANSMITTAL
CIP No. (if any):
Transmittal Routing
(Check All That Apply)
® City Attorney
❑ City Manager
® City Clerk
Project Manager's Last Name: Alexander Phone Extension: 6395
Council or CRA Meeting Date (if applicable): 05/18/10
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 city St I Zi
4
Omar, this is the agreement for Pyro Spectaculars, Inc., signed by them. Could you give these to Maria after
you have signed them? Thank you so much for your help in this matter.
Sly i� ; �}� ��
�f L P)MV
0
32400 PASEO ADEI.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493.1053 PAx
www, sanjuancapistrano. org
TRANSMITTAL
/� IADIIIIIIFI
' IsunuAll � 1961
1776
Pyro Spectaculars, Inc
Attn: Sam Bruggema, Show Producer
P.O. Box 2329
Rialto, CA 92377
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR LONDRES USO
DATE: June 9, 2010
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE: Personal Services Agreement — Fireworks Shy Concert Display for the 4th of July
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 call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Cynthia Alexander,
Community Services Manager at (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
0 Printed on 100% recydetl paper