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11-0607_PYRO SPECTACULARS, INC._Personal Services Agreement
PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into this 7 day of June 2011, 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 4'h 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 Exhibit 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 Exhibit 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, 2011, as a result of the sole negligence of Pyro Spectaculars, Inc. Pyro Spectaculars, Inc. shall credit Purchaser $50 for each full minute of delay up to $2,000. In the event the Display substantially complies with the scope of work as set forth in Exhibit 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 U on 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. IN 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 htto.//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. b. As an alternative to the requirement in subsection (a) above, contractor shall 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 K 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. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. 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 To City: City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Attn, Cynthia Alexander, Community Services Manager To Contractor, Pyro Spectaculars, Inc, P.O. Box 2329 Rialto, CA 92377 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) 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Sam Allevato, Mayor PYRO SPECTACULARS, INC. By: i n _----. aures R. Souza, esident Pyro Spectaculars, Inc. A,- L ATTEST: rris, City "q!jbrk Omar Sandoval, City Attorney Exhibit A: Pyro Spectaculars, Inc. Proposal Exhibit B: Pyro Spectaculars, Inc. Display Agreement, Scope of Work 0 May 6, 2011 City of San Juan Capistrano Cynthia Alexander 25925 Camino del Avion San Juan Capistrano, CA 92675 Dear Nis, Alexander, Pyro Spectaculars, Inc. is pleased to present to you our pyrotechnic proposal for your July 4, 2011 event. We are proposing our special Sick Concert"" Programs "A" and "B„ In the amounts of $33,000.00 and $ 31.,504.00 respectively. 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 II" 1-9 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 bili 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, Production Agreements for signature and Scope of Work. Please have one copy of the fully executed agreement for the display of your choice returned to our office by May 25, 2011 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; rNC. Sam 8ruggema PYRO Show Producer SB/kc Enclosures EXHIBIT A PYRO SPECTACULARS, INC, P.O. Bax 1060. Aipine, CA 91903 a Phoge: (619) 445.1241 or (800) 624-9360 . Fax; (619) 445-1210 3-,,, � � � Opening D.esriEi _.._. + 3" Souza Designer Opening Salutes Main Body - Aerial Shells De22E t + 3" Souza Designer Selections * 4" Souza Designer Selections 4 5" Souza Designer Selections 6" Souza Designer Selections qu&ntitt 25 Pyrotechnic Devices §Cr% + Sousa Diamond Line Custom Multishot Device Grand Finale Q tri ttgn 4 3" Souza Designer Bombardment Shells 4" Souza designer Finale Shells 5" Souza designer Finale Shells 6" Souza Designer Finale Shells ;At 61 nti 140 140 100 100 BE UNti 1386 Shots 1,386 a Opening D29crtP + T" Souza Designer Opening Salutes Totalof Opening yin Body m Aerial Shells D g d tign ♦ 3" Souza Designer Selections # 4" Souza Designer Selections a" Souza Designer Selections + 6" Souza Designer Selections Pyrotechnic Devices De��ri tip Sousa Diamond Line Custom Multishot device Grand Finale 3" Souza designer Bombardment Shells 4" Souza Designer Finale Shells a" Souza Designer Finale Shells 6" Souza Designer Finale Shells +� r 4 Quai# it 25 Quanti 120 110 90 90 410 Quanta 11 OG Shots 1,100 . uantl 200 30 9 6 99 mm ji� I 111�1!1111 I'll W'd like to thank the City of Son Juan Capistrano for allowing us to make this presentation, Ur sincere effort has gone into prepariing this proposal. We are eager to hear your comments and answer any questions you may have. Ware confidenf that afteryour complete review of our ideas and performance capabilities you will select Pyro Spectaculars by Souza as your fireworks company. . sant ?�-?uggekxa 7> rp- 0 '5bo W r, er 5 PYRO SPECTACULARS, INC. Display Agreement (Special) 1) THIS AGREEMENT, entered into this day of 2011, by and' between PYRO SPECTACULARS, INC., a California corporation hereinafter referred .to as "PYRO" and Ci "PURCHASER." y. of Sari Juan Capistrano referred to as 2) PYRO agrees to furnish . PURCHASER, in conditions hereinafter set forth, 1 fireworks dispi accepted and made part hereof, including the s operator to take charge of and, along with suffici display. The said display is scheduled to be performed Ca istrano S drts Paris t�r� ,tan Ca . lstrano . CA accordance with the terms and y as per Program B ,submitted, ervices of a licensed pyrotechnic ent helpers, safely discharge the on July -4,20.11 at San Juan 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, ferning 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 statgtes, 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 cornpietion of the Display, that the Display Area is cleared of any live fireworks debris originating from the program. PYRO SPECTACULARS, INC. City of San Juan Capistrano ,O. Box 2329 Program "B" Rialto, CA 92377 July 412011 Tel: 909-355-8120 Fax: 909-355-9813 Page 2 of 4 4) PURCHASER shall pay to PYRO the sum of THIRTY ONE T44OUSAND FIVE HUNDRED Dollars ($31,600.00),. A deposit of $16,760-00, plus estimated fire department permit and/or standby fees of $00.00 must be paid by May 25, 2011. 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 state or should any went for which PURCHASER has purchased the display be canceled, the parties shall attempt to negotiate a now display date, which shall be within 60 stays of the original. display date. PURCHASER further agrees to pay PYRO for any additional expenses blade `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 fallowing 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 pricer 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 PYRE? 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 FSI - Display Agreement - Special July 4, 2011 EXHIBIT Q PYRO SPECTACULARS, INC. City of San Juan Capistrano P.0, sox 2329 Program "W Rialto, CA 92377 July 4, 2011 Tel: 909-366-8120::::: 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 several[y 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 - Dolay Agreement, Special July 4, 2011 EXHIBIT B PYRO SPECTACULARS, INC. P.O. Bax 2329 Rialto, CA 92377 Tel; 909-355-8120:.,::: Fax; 909-355-9813 City of San Juan Capistrano Program „13u July 4, 201'1 Page 4 of 4 14) Any Notice to the parties permittee( or required under this Agreement may be give 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 Sari Juan Capistrano- 25925 Camino Dal Anion San Juan Ca istranoL CA 92675 -- July 4 2011 — Program 15) All tarps of this Agreement are in writing and may only be modified by written agreement of bath parties hereto. Bath .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, Californi6. 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 small be binding upon the parties hereto and upon their heirs, successors, executers, 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 bands and seals this day of , 2011. PYRO SPECTACULARS, INC,: a4,. f , Title President AVIES R. S .USA PURCHASER Title City of San Juan Capistrano PSI • Display Agreement - Special July 4, 2011 EXHIBIT B 6/7/2011 AGENDA REPORT D14 TO: Dave Adams, Interim City Manager 9K FROM: Cynthia Alexander, Community Services Manager SUBJECT: Consideration of Award of Contract for the 20114 th of JUly Celebration Fireworks Sky Concert (Pyro Spectaculars, Inc.) RECOMMENDATION: By motion, approve the contract for the 2011 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 is recommending the contract be awarded to Pyro Spectaculars, Inc., in the amount of $31,500 for July 4, 2011. B. Background In previous years, staff solicited formal bids for an electronically fired aerial sky concert to be choreographed and synchronized to music. A Request for Proposal (RFP) normally was sent to four (4) recognized fireworks companies: Pyro Spectaculars, Inc., Mantis Fireworks & Laser, Fireworks & Stage Fx America, Inc. and Zambelli Fireworks Internationale., City Council approved funding for this project at their meeting of May 3, 2011; therefore, due to the lack of lead time, staff was unable to send out RFPs to the various fireworks companies. Except for one year, Pyro Spectaculars, Inc. has been the City's preferred fireworks company for 20 years. Pyro Spectaculars, Inc.'s presentation, equipment, and staff have been delivered with professionalism. The company is willing to produce a viable product on short notice; therefore, staff is confident in accepting their proposal for Program B (Exhibit A). The Personal Service Agreement (Attachment 1) includes a Pyro Spectaculars, Inc. Proposal, Work and Display Agreement with Pyro Spectaculars, Inc., and Scope of Work (Exhibits A and B). The Agreement will be valid for July 4, 2011. The event will be held on Monday, July 4, 2011, 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. Agenda Report June 7, 2011 Page 2 This item was presented to the Parks, Recreation and Equestrian Commission at their meeting on May 16, 2011. The Commission voted to forward to City Council a recommendation of approval for this agreement. FINANCIAL CONSIDERATIONS: The annual fireworks display is a budgeted item. Half of the $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 2011-12. NOTIFICATION: James R. Souza, President, Pyro Spectaculars, Inc. Sam B.ruggema, Pyro Spectaculars, Inc. RECOMMENDATION: By motion, approve the contract for the 2011, 4�h of July Celebration Fireworks Sky Concert to Pyro Spectaculars, Inc., in the amount of $31,500. Respectfully submi , nthia Alexander Community Services Manager Attachments: 1. Pyro Spectaculars, Inc. Proposal 2. Personal Services Agreement 3. Location Map PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into this 7 day of June , 2011, 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 Exhibit 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 Exhibit 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, 2011, 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. F& IaIIT*so011011 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 Assi nment. 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. 4 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 littp://www.usr-ts..gov, or access the registration page at 1-items;//www.vis- dhs.com/employerregstration. 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 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 Q 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. Priorto beginning anywork underthis 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. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. 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 z To City: City of San Juan Capistrano 25925 Camino del Avion San Juan Capistrano, CA 92675 Attn: Cynthia Alexander, Community Services Manager To Contractor: Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO M- Sam Allevato, Mayor PYRO SPECTACULARS, INC. James R. Souza, President Pyro Spectaculars, Inc. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney Exhibit A: Pyro Spectaculars, Inc. Proposal Exhibit B: Pyro Spectaculars, Inc. Display Agreement, Scope of Work 0 May 6, 2011 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, 2011 event. We are proposing our special Sty ConccrtT'" Programs "A" and "B" in the amounts of $33,000.00 and $ 31,500.00 respectively. 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, Production Agreements for signature and Scope of Work. Please have one copy of the fully executed agreement for the display of your choice returned to our office by May 25, 2011 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) 3558120 ext. 227. Sincerely, PYRO SPECTACULARS, INC. Sam Bruggema PYRO Show Producer SB/kc Enclosures EXHIBIT A PYRO SPECTACULARS, INC. P.O. Box 1060 • Alpine, CA 91903 • Phone: (619) 446-1241 or (800) 624-9360 • Fax: (619) 445-1210 * Production Agreement I Scope of Wark Opening Ds6tion + 3" Souza Designer Opening Salutes Main Body m Aerial Shells Descri Aqn ♦ 3" Souza Designer Selections 4" Souza Designer Selections ® 5" Souza Designer Selections 6" Souza Designer Selections Pyrotechnic Devices Description Sousa Diamond Line Custom Multishot Device Grand Finale Description ® 3" Souza Designer Bombardment Shells ♦ 4" Souza Designer Finale Shells 5" Souza Designer Finale Shells 6" Souza Designer Finale Shells uar�tit 25 anti lty 140 140 100 100 480 antity 1386 Shots 1,386 Im Opening Deacri ti®ra ® 3" Souza Designer Opening Salutes Main Body ® Aerial Shells Deg:ri tip # 3" Souza Designer Selections + 4" Souza Designer Selections ♦ 5" Souza Designer Selections ♦ 6" Souza Designer Selections Pyrotechnic Devices Description ♦ Sousa Diamond Line Custom Multishot Device Grand Finale escri t 2 3" Souza Designer Bombardment Shells ♦ 4" Souza Designer Finale Shells i 5" Souza Designer Finale Shells 6" Souza Designer Finale Shells QuaRrobt 200 30 9 6 MR 1,W"deliketo thank the it of San Juan Capistrano for allowing eCy p g us to make this presentation. ,::sur sincere effort has gone into preparing this proposal. We are eager to hear your comments and answer any questions you may have. W" re confident that after our complete review of our ideas a h y p and performance capabilities you will select Pyro Spectaculars by Souza as your fireworks company. ,5RPx z>>Yu_q_gekxR 7>YRa ,SNOW Prv,:71ucer PYRO SPECTACULARS' Display Agreement (Special) t) THIS AGREEMENT, entered into this day. of 2011, 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 S submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to tape charge of and, along with sufficient helpers, safely discharge the display. The said display is scheduled to be performed on July 4, 2011 at Sart Juan Capistrano Sports Park,_San Juan Ca lstrano 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 end/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, 13, 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; P) 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: 909-355-8120Fax: 909-355-9813 City of San Juan Capistrano Program "B" July 4, 2011 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 May 25, 2011. 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) 140% if cancellation occurs 14 or fewer days prior to the date set for the display. If cancellation occurs 30 days or more prier 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 difficult to fix the actual amount of PYRO's reasonable estimate of the damages PYRO display. City of San Juan Capistrano PSI - Display Agreement - Special July 4, 2011 display, it will be impractical or extremely damages. The foregoing represents a will suffer if PURCHASER cancels the ■ PYRO SPECTACULARS, INC. City of San Juan Capistrano P.O. Box 2329 Program "B,= Rialto, CA 92377 July 4, 2011 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) f=ailure 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 Agreernent - Special July 4, 2011 EXHIBIT B PYRO SPECTACULARS, INC. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120::::: Pax: 909-355-9813 City of San Juan Capistrano Program "B" July 4, 2011 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 ..Cit of San ,duan Ca istrano: 25925 Camino ©ell Avion San duan Ca isfram CA 92675 — July 4. 2011 — Program "B', 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, 15) 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 , 2011. PYRO SPECTACULARS, INC,: '* f , Title President AIVIES R. � LIZA , PURCHASER, , Title City of San Juan Capistrano PSI - Display Agreement - Special July 4, 2011 ATTACHMENT 2 32400 PASEO ADELANTO =675 M4W 493"1171 (949" 493-105-3 FA's`. NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL UA AUEV TO LAURAFRIEB : MM"WH BAR ASK NIELSEN DP_ LONDRES USO The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, June 7, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Contract for the 2011 4th of July Celebration Fireworks Sky Contract (Pyro Spectaculars, Inc.)" — Item No. ©14. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 6, 2011, 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: cityclerk _sanjuancapistrano.org. Maria Morris, CMC City Clerk cc: James R. Souza, President, Pyro Spectaculars, Inc., Sam Bruggema, Pyro Spectaculars, Inc. 4'r r� .17wm Car Presery in the &w to Eaharwe thefi'laure Christx JAI From: Christy Jakl Sent: Tuesday, June 14, 2011 11:32 AM To: Cynthia Alexander Cc: Debbie Evenson Subject: Pyro Spectaculars Insurance Importance: High Good Morning, Please provide Pyro Spectaculars, Inc updated insurance so we complete execution of the agreement. Please keep in mind they should not be performing any work or be paid until this documentation is turn into our office. Let me know if you have any questions. Thank you! Christi JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Today's Date CIP No. (if any): 611111 'Lido] r il 1 l s Project manager's Last Dame: Alexander Phone Extension: 6395 Council or CRA Meeting Date (if applicable): June 7 2011 APPROVING AUTHORITY: (Check One) 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) Name(s) Street City St -zip. OTHER INSTRUCTIONS: Omar has looked at the original and signed; however, Pyro Spectaculars, Inc. has asked for a revision and attached is this revision. Please check it over and if OK, can you sign for him? Ing ,ply} ney ,q U Iger Jerk Project manager's Last Dame: Alexander Phone Extension: 6395 Council or CRA Meeting Date (if applicable): June 7 2011 APPROVING AUTHORITY: (Check One) 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) Name(s) Street City St -zip. OTHER INSTRUCTIONS: Omar has looked at the original and signed; however, Pyro Spectaculars, Inc. has asked for a revision and attached is this revision. Please check it over and if OK, can you sign for him? DRAYTON INSURANCE BROKERS, INC. 2506 CENTTR POINT ROAD, SUITE 301 POST OFFICE BOX 94067 B11MINGIIAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220 TELEPHONE: (205) 854.5806 FAX. (205) 854.5894 CERTIFICATE OF INSURANCE NO. 120284 We certify that insurance. is afforded as stated below. This Certificate does not ,affirmatively or negatively amend, extend or alter the coverage afforded by the insurance policy and the insma nce afforded is subject to all the terms, exe[usions and conditions of the policy. INSURER Admiral Insurance Company POLICY NO. CA000002771-25 NAMED INSURED Pyro Spectaculars, Inc. Pyro Spectacular by Souza Pyro Events, Inc. Pyro Spectacular ln.dustries, Inc. Pyro Spectaculars Productions, Inc. North Ancrican fireworks Co., Inc. (NAFCO) F.O. Box 2329 San Diego Fircrvorks Rialto, California 92377 POL(CY'i'ERM January l3, 2011 to January 13, 2012; Both Days I.101. A Standard Time C:OYFRACE Commercial General Liability: ® Occurrence Basis ❑ Claims Made (iasis LIMIT OF LIABILITY $1,000,000 each occurrence, $2,0003,000 general aggregate, $2,000,000 products/completed operations aggregate The limit of liabillty shall not be increased by the inclusion of more than one insured or additional insured. INSURED OPERATIONS Public fireworks display and special effects contractor It is certified that, if named below, this policy includes as Additional:Ittsureds 1) the sponsor(s) of a fireworks display fired by the Named Insured andlor 2) the owner(s) of any property (or barge) at which th6Named leisured shoots a fireworks display and/or 3) the licensing authority issuing a permit or license for a fireworks display fired by the Named Insured and/or 4) an entity for which coverage is required by written contract. NAME & ADDRE,SS OF INS URE .D SPONSORS; PROPERTY OWNERS, LICENSORS City of San Juan Capistrano 25925 Camino Del Anion San Juan Capistrano, CA 92675 ADDITIONAL INSURED(S) City of San Juan Capistrano, and County of Orange, and Orange County Fire Authority, and South Coast Farms, and their officers, agents and employees when acting in their official capacity as such. DISPLAY LOCATION San .Duan Capistrano Sports Park San Juan Capistrano, CA DISPLAY DATE(S) July 4, 2011 It is certi:iicd that this policy requires a 30 (lay mutual nonce of cancellation be#ween the Insurer and the Named Insured. In the event of such cancellation we will endeavor to mail 10 days written notice to the Additional Insured(s), whose name and address is shown hereon, but fail.ttro to mail such notice shall impose no obligation. or liability of any kind upon the insurer and/or the undersigned. DRAYTON INSURANCE BROKERS, INC, �Iitne fi. 2gi1 �E, DATE OF ISSUE ,S�'RINGER, Policy Number: CA000002771-25 ENDORSEMENT NO, 13 AI 08 76 02.03 Effective Date: 0111312011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided udder the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART COMMERCIAL PROPERTY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE, PART It is agreed the following are included as additional insured(s) hereunder: Sponsors and/or landowners and/or bargeowners and/or licensing or permitting authorities with respect to operations of the rimmed insured in. connection with the preparations for, the firing of, or cleanup following, fireworks displays performed by the named insured or the named insured's employees and to whom certificates) of insurance are issued which specify date(s) and location(s) of such displays. The coverage afforded such Additional Insured'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, Al 08 76 02 03 Page 1 of I CERTIFICATE OF LIABILITY INSURANCE iiATE{MMIDD7YYYYj THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND. OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE R(S),.AUTHORIXED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed Ifi"198ROGATION IS W 1' ED, 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.suChendorsemont(s). PRODUCER CONTACI NAME: .. .. ... .. . arit PHONE G24at60MOCenteref2dand Associates, Inc. Ea�iAiL lid -....,:.T l Iaz �.a7lc G i .......�AtG Noi A4.::.�A4»'1.?7 .4 Cleveland coil 441.39 Myra Spectaculars Inc.. San Diego Fireworks P. O. Box 2329 Rialto CA 92377 tNSURER.A : i3esy.._ [3amp9hire.. INSURER s : Colonv. Nationa €NSURER C - INSURER D INSURER F: INSURER F e rnW17 7AnWq r`r-PTIFlr:ATF MI IMRFR' i r 73.i77a 0 71 REVISION NUMBER: THIS IS TO CERTIFY THAT THE. POLICIES OF INSURANCE USTEn BELOW HAVE BEEN ISSUED TO 711E INSURED NAMED ABOVE FOR THE POLICY P'LRIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -. TYPEOFINIiURRPICE... - ""."'(AIiDLSO€i:I__ -.PbLIGYEPF Pi.YI,€W`%'ETCY - LIMITS LTR t.:»:::..�.,._, Wait ?LNaaIWyn1 POLICY NUMBER fMMfD fMMIC7C1fYYYY �01YYYY GENERAL LIABILITY EACH OCCURRENCE 5 -- COMMERCIAL GENERAL LIABILITY Pf2Cfj+II,�E jEa c�ceecsrresc.i ..$ ., . g CLAIMS -MADE OCCUR MED EXP (Any ane peraan) $ , I I PrRSONAL & ADV INJURY 1 3 GENERAL AGGREGATE. $ -. G�NLAGGftEGATELiMITAPPLIESPER:PRODUCTS.-CQMPIOPAGG S._.-^ E ..p POLICY FftCa.. LOC !..... $- ...: A AUTOMOBILE LIABILITY CA534600.64 -- -COMBINEDSiNGLEt9N31�,,,, (t=a accident) x _ BOOILY IWURY (Per perscn) _ 3 ALL OWNED AU709 " BODii Y IN,IiifZY (Peraccldenl) $ 9CHrnDULEDAUTOS : ...' PROPERTY DAMAGE �_.....:................-_.........:..__...m..,e..._._.....,, $ X HIRED AUTOS (Per accfdenl) _ i NON -OWNED AUTOS I S H UMHRELLALIAB AR54G1092 �l/I3/2011 1/13J2P3.2EACHPCCURRcNCE ..: $4, 0G 06 _ EXCESS L€AB 1 CLAIMS MADE AGGREGATE a, 0©0 ODf . I ("t DUCTIBLE , t TEN"ilG)•I 5 -. WORKERS COMPENSATIONIN - - - - WCSTATU• 3 ;GTN O` IMjl 1 F AND EFA Y I PLOVERS' LIABiI TY I E.L. EACH ACCIDENT 5 ANY PR0PRIETCPJPARTNEWEXECUTIVE r""'—p OrFiCER-MEMBLR EXCA.UCEi3p NIAJ � I (Mandatary in NH} ! alantin NH)hc E.L. [DISEASE EAEMPLOYE S �---�-�.a .�---� � _ - - ....... ._ ----- Ifm, GIE MP'I ICIlf OF OPERATIONS below I E.L. OISEA5E POLICY LIMIT $ DESCRIPTION OP OPERATIONS) LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H maro space Is required) Certificate Holder is Named as an additional insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED I BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ]POLICY PROVISIONS. City of Saa Juan Capistrano 25925 Camino Del Avion San ,duan Capistrano CA 92575 AUTHORIZED REPRESENTATItiIt 1 tj 9988-2009 ACORD. CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD C�i1inP�NSA'r{Qt�1 ": ,uRA..NtE NO. ISSUE DATE: 10-14.2010 POLICYHOLDER 'Y P.O: BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF SAN JUAN CAPISTRANO 25925 CAMIN[O ©E AVION SAN JUAN CAPISTRANO CA 92675 GROUP: POLICY NUMBER: 0803749-2010 CERTIFICATE 10: 208 CERTIFICATE EXPIRES: 10-14-2011 1.0-14-2010/10-14-2011 SO JOB:ALL OPERATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a forms 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 So 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 requiretnentL`.terrn or condition of any contract or other document with rospect..to which this certificate of insurance may be 'issued: or to which it may pertain, the insurance afforded by tiie..,policy, described herr n is subject to :at( the terms, exclusions, and conditions, of such policy. L1 thadzed Representative Interim President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE.COSTS: $1,000,000 PER OCCURRENCE, ENDORSEMENT P#2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFEGi VE 10-142002 IS ATTACHED TO AND FORMS A PARI' 0F THIS POLICY. EMPLOYER PYRO SPECTACULARS, INC. PO BOX 23290 RIALTO CA 92377 so M0410 MEV.1-2(00 PRINTED : 09-17-2010 June 6, 2011 City of San Juan Capistrano Cv�atkzia f�lexander 25925 Camino Del Avion Sari Juan Capistrano, CA. 92675 Dear M..s. Alexander, Please find enclosed. the Certificate of Insurance covering your fireworks display on July 4, 2011. Should you have any questions, please do not hesitate to contact our office toll free at (888) 477 -TYRO. Thank you.. Sincerely, Pyro Spectaculars, .Inc. Connie Martinez Customer Service Representative AM Enclosure PYRO SPECTACULARS, INC, P.O. Box 2329 ° Rialto, CR 92377 - Phoma. (909) 355-8120 or (888) 477-PYR© • Fax: (909) 355-9813 .324€00 FASEo At)ELANT0 SAN .3uAN CAPiSTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www..sanjuancapistrano. org TRANSl�[ITTAL TO, Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 DATE: June 16, 2011 �i �� �� r MEMBERS OF THE CtTY COUNCtL fJ � E;3 1� ::.AA SANS/wi.LEVATO 1001POd U LAURAFREESE ess��sis�£a 1961 LARRY KRAMER 1776 DEREK REEVE m 0 JOHN TAYLOR FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE. Personal Services Agreement — 4�h of July Fireworks Display 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. Enclosed is an original agreement for your records. Cc: Cynthia Alexander, Community Services Manager San Juan Capistrano: Preserving the Fast to Enhance the Future