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16-0628_GARDEN STATE FIREWORKS, INC_Professional Services AgreementGarden State Fireworks, Inc. CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of May 17, 2016 by and between the City of San Juan Capistrano, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and Garden State Fireworks, Inc., a SOLE PROPRIETORSHIP with its principal place of business at 383 Carlton Road, Millington, NJ 07946 (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: 2016, 2017 and 2018 Aerial Fireworks Display (hereinafter referred to as "the Project"). B. Contractor is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Contractor to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: Services_ Contractor shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit "B." b. City agrees to pay Contractor the services fee hereunder, which shall not exceed $30,000, per event per year as set forth in Exhibit "A," for the aerial fireworks display. City shall pay to Contractor $15,000 of the aerial fireworks display fee as a deposit for each event no later than June 15, 2016, June 15, 2017 and June 15, 2018. The remaining balance of $15,000 of the aerial fireworks display fee shall be paid by the City no later than July 15, 2016, July 15, 2017 and July 15, 2018. 3. Additional Work. If changes in the work seem merited by Contractor or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Contractor with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Contractor and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Time of Performance. Contractor shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). Contractor shall provide an aerial fireworks display on Monday, July 4, 2016, Tuesday, July 4, 2017 and Wednesday, July 4, 2018. 6. Delays in Performance. a. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Contractor shall assist the City, as requested, in obtaining and maintaining all permits required of Contractor by federal, state and local regulatory agencies. C. If applicable, Contractor is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care Contractor's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment and Subcontractor Contractor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Contractor from employing independent associates, and subcontractors as Contractor may deem appropriate to assist in the performance of services hereunder. 10. Independent Contractor Contractor is retained as an independent contractor and is not an employee of City. No employee or agent of Contractor shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability (i) The Contractor shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. for the following: (iii) Commercial General Liability Insurance must include coverage (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Contractors Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Contractor shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. C. Workers' Compensation/Employer's Liability (i) Contractor certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Contractor has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Contractor shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer's Liability Coverage in amounts indicated herein. Contractor shall require all subcontractors to obtain and maintain, for the period required by this Agreement, workers' compensation coverage of the same type and limits as specified in this section. d. Professional Liabilitv (Errors and Omissions At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required (i) Contractor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Contractor shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Contractor shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Contractor's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Contractor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Contractor shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit the Contractor's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Contractor, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Contractor to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors or subcontractors to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subcontractors shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Contractor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subcontractors. 12. Indemnification. a. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers . b. Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers. 13. California Labor Code Reauirements. a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws, if applicable. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. b. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. 14. Verification of Employment Eligibility. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub - subcontractors to comply with the same. 15. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. 16. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Contractor. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Contractor the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Contractor of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Contractor may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Contractor. 18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Contractor shall assign Steve Jefferies as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. above. 20. Limitation of Aareernent. This Agreement is limited to and includes only the work included in the Project described 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Kipp Lyons and shall be effective upon receipt thereof. 22. Third Party Rights CONTRACTOR: Garden State Fireworks, Inc 383 Carlton Road Millington, NJ 07946 Attn: August N. Santore Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Contractor. 23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Contractor as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non -Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City's Right to Employ Other Contractors City reserves its right to employ other Contractors, including engineers, in connection with this Project or other projects. 30. Prohibited Interests Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND GARDEN STATE FIREWORKS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO GARDEN STATE FIREWORKS, INC r ,Q B By: `T y on Si Ci snag r Its: 1.}t Printed Name: -4 Lt Us" ATTEST: r By- (� City Clerk APPROVED AS TO FORM: . 2�.�-� By: ., . , C Attorney EXHIBIT A SCOPE OF WORK THE CITY OF SAN JUAN CAPISTRANO 2016, 2017 and 2018 FOURTH OF JULY CELEBRATION AERIAL FIREWORKS DISPLAY Electronically Fired Show with Choreographed and Synchronized Music Not To Exceed $30,000 Contractor To: 1. Submit a proposal for an aerial fireworks display that includes the following: using a 3" minimum shell size, and a 5" maximum shell size, to provide an 18-20 minute show. Please ensure that the proposal is divided into the three (3) categories and specify what would be included within each category: a. Opening Finale b. Main Program c. Closing Finale 2. Provide a written description of the company's policy for monetary compensation to the City due to the company's actions (or inactions) when: a. The aerial fireworks display does not begin on time, or there is a delay during the show. b. The show does not comply with the Scope of Work and/or the bid package that was submitted by the Contractor and approved by the City. c. There is a modification to the show, even though the show began on time and there were no delays during the show. d. Even though the correct amounts of shells are delivered, all the shells are not fired. 3. Provide a California licensed lead pyrotechnic operator (Operator) and crew; provide transportation of the crew and all supplies and materials to and from event. The Operator and the crew will be responsible for all site preparation and site cleaning, including removal of debris associated with the aerial fireworks display. City will not accept responsibility for advance storage of fireworks and/or vehicle(s). 4. Contractor's Operator shall have a minimum of three (3) years of experience providing public aerial fireworks displays, and/or has successfully provided no less than ten (10) public aerial fireworks displays. 5. Contractor shall furnish to the City of San Juan Capistrano, no later than June 5, 2015, the name of the Operator responsible for the aerial fireworks display and a copy of his/her Basic Commercial or Special Effects 1St Class License. 6. Schedule the Operator and crew adequate time for setup, takedown and cleanup of the firing site and fall -out area immediately after the show and the following morning. 7. Coordinate with the Orange County Fire Authority and comply with all regulations. 8. Schedule representative(s) to meet on site with the City staff and the Orange County Fire Authority prior to the event to coordinate event details. 9. Provide music that is choreographed and synchronized to the aerial fireworks show. Music is to be provided to the City by mp3 and a backup CD. 10. Provide an 19-20 minute show; be responsible for the timely completion of all preparation work so the aerial fireworks display will begin at its official starting time of 9:00 p.m. 11. Provide the City with a certificate of insurance* for public liability and property damage, minimum sum of $5,000,000 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. 12. Provide the City with proof of Workers' Compensation Insurance* for all employees as required by State laws governing aerial fireworks displays and proof of Automobile Insurance coverage* for all employees who will be driving automobiles associated with this event. 13. Provide references for all July 4th aerial 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, hand radio and CD Players, Clear -Com communication system, sound system, suitable firing site, and City liaison. Term: The term of the agreement with the Contractor shall be for the year 2015 aerial fireworks display. *Must be received by the City a minimum of 21 working days prior to the event. Citv of San duan Capistrano CA July 4 2416/July 4, 2017/Jul 2018 S30,000A Production (Per °Year) DESCRIPTION OF SHELL REFERENCE TO LITERATURE QTY 3" Aerial Display Shells **See Exhibit "A" 150 4" Aerial Display Shells **See Exhibit "A" 36 5" Aerial Display Shells **See Exhibit "A" 20 1.2"64 Shot Silver Crossette **See Exhibit "A" 64 Shots 1.2"100 Z Fan Waving Red Crossette **See Exhibit "A" 100 Shots 1" Red Silver Blue Comets (180) **See Exhibit "A" 180 Shots Total of Intro/Opening Finale — Aerial Shells/Effects: 550 DESCRIPTION OF SHELL REFERENCE TO LITERATURE QTY 3" Aerial Display Shells **See Exhibit "A" 350 4" Aerial Display Shells **See Exhibit "A" 208 5" Aerial Display Shells **See Exhibit "A" 176 Total of Main Body — Aerial Shells : 734 Main Body: Multi Shot Pyrotechnic Devices Multi -Shot Devices 1"-2" REFERENCE TO LITERATURE QTY 36 Shot Multi Colors (8) **See Exhibit "A" 288 Shots 100 Shot Red Peony with White Tail **See Exhibit "A" 100 Shots 72 shot RWB Peony **See Exhibit "A" 72 Shots 408 Z Fan Waving RWB Comets **See Exhibit "A" 408 Shots 408 Z Fan Waving Rainbow Comets **See Exhibit "A" 408 Shots 88 Shots Red With Silver Glitter **See Exhibit "A" 88 Shots 88 Shots Blue Peony with White Tail **See Exhibit "A" 88 Shots 100 Shots Brocade and Blue **See Exhibit "A" 100 Shots 90 Shots Silver Spinners **See Exhibit "A" 90 Shots 64 Shot Color Comet to Crossettes **See Exhibit "A" 128 Shots 100 Shot Crackling Bouquet **See Exhibit "A" 100 Shots 300 Shot Dragon And Phoenix **See Exhibit "A" 300 Shots 165 Shot 8 Shape Chrysanthemum **See Exhibit "A" 165 Shots 90 Shot Ancient War (2) **See Exhibit "A" 180 shots 90 Shot Purple and Green Comets (2) **See Exhibit "A" 180 shots TOTAL Pyrotechnic Special Effect Devices : 2,695 Shots ,11J.30111011000 DESCRIPTION OF SHELL/EFFECT REFERENCE TO LITERATURE QTY 100 Shot Red and Blue Peony (2) **See Exhibit "A" 200 Shots 100 Shot Whistle (2) **See Exhibit "A" 200 Shots 665 Shot Multi Color to Salute Fan **See Exhibit "A" 1330 Shots 372 Shot Golden Rain & Red W Fan **See Exhibit "A" 372 Shots Aerial Display Shells 3" Finale Shells **See Exhibit "A" 380 4" Finale Shells **See Exhibit "A" 36 5" Finale Shells **See Exhibit "A" 24 Total of Grand Finale — Aerial Shells/Effects: 2,542 Production Total Shells and Pyrotechnic Effects: 6,521 Pieces "Exhibit A" Display Shell and Effect Descriptions The following list is a reference of the shells and variety of effects that will be used in the display and corresponds to the pieces itemized in the cost proposal. Garden State Fireworks is proud to be the largest manufacturer of display fireworks in the country. We continue to innovate, design and manufacture our own products at our facility in New Jersey to incorporate in our displays. We also use our 100 plus years of experience to research, design and purchase the highest quality and largest selection of import products from China and Japan. We also use our manufacturing knowledge to perform rigorous quality and safety testing on all imported products. Multi -shot Cake Effects: Effects Listed in the Cost proposal ranging from 88 shots to 665 shots are self-contained repeater units custom designed by Garden State Fireworks and manufactured to the highest quality standards. Effects repeat in a variety of multiple angled simultaneously fan shapes, or elaborate zig-zagging wave configurations. Shots range from 1.5 inches to 2 inches and create ground to sky coverage to be coordinated with aerial display shells. "Special Note: More then ninety percent of the display shells fired in the display and listed below include a rising silver or color tailed tracer that follows the shell from launch to break. We purchase display shells at an additional premium to include a fancy rising tail to create absolute continuity of sky coverage. As each display shell has a 2-4 second lift time the absence of a tracer effect creates a dark sky. The premiums of our designs eliminate the lag time to create constant sky coverage and momentum. A sample of our massive library is available for review in Schedule A enclosed. The July 4`h Display will draw from our diverse library of effects and include the broad spectrum and maximum variety of shells. The following List of Materials is a condensed version of our extensive library of effects that will be displayed in your program. Color combinations within individual effects as well as transformation color changing effects expand the list below to hundreds of varieties. 3" Assorted Color and Report Shells:. Red Peony White Peony Blue Peony Red White And Blue Peony Green Peony Yellow Peony Titanium Reports Multi -Salutes Silver Peony Red and Blue Wave Color Changing Peonies Flash Reports Spider Webs Aqua Peony Variegated Chrysanthemums Ring Patterns Purple Peony Golden Willow Crackling Chrysanthemum Rainbow Peony Tiger Tails Multi Color Combinations 4" Assorted Calor and Fancy Aerial Shells: Red Peony White Peony Blue Peony Red White And Blue Peony Green Peony Yellow Peony Lemon Peony Orange Peony Aqua Peony Rainbow Peony Multi Color Combinations Titanium Reports Multi -Salutes White Strobe Red Strobe Color Changing Peonies Flash Reports Spider Webs Whistling Shells Variegated Chrysanthemums Wave Ring Patterns Golden Strobe Purple Peony Golden Willow S" Assorted Color and Fancv Aerial Shells: Brocade Chrysanthemum Crackling Chrysanthemum Crackling Rain Willow Tiger Tails Red Wave Green Wave Colors w/Palm Core Centers Peonies w/Fancy Center Pistils Whistling Shells Red Crossettes Green Crossettes Silver Palm Trees Tourbillions & Serpents Silver Crown c/c Green Gold Kamuro c/c Blue Red and Green Bees Variegated Fish Thousands of Crackling Flowers Colors to Crackling Dragon Eggs Glittering Willows Color & Timed Reports Hummer Shells Gold Flitter ***ALL COLORS AND EFFECTS LISTED ABOVE IN 4" DISPLAY SECTION Smile Face Patterns Green Coconut Tree Heart Shape Patterns Aqua Crossette Lemon Crossette w/Strobe Pistil Whirl Flower w/Strobe Pistil Variegated Strobes Thousands of Flowers Red Falling Leaves Blue to White Flashing Willow Half Red and Half Blue Peony Half Purple/Half Yellow Peony Sky Waterfall Silver Crossette Crackling Crossette Sea Blue Peony Purple Bees Varigated Falling Leaves Thousands of Red White & Blue Pink Peony Four Color Changing Peonies Red Coconut Tree Aqua to Lemon w/Lemon to Aqua Pistil Three Color Changing Peonies Glittering Gold to Purple Red and Blue Wave Green and Blue Wave White w/Red Pistil Purple w/Green Pistil Lemon to Purple w/Purple to Lemon Pistil Red Dahlia w/White Strobe Aqua Dahlia w/Red Strobe Pistil Red to Silver Wave wBlue Pistil Nishiki Kamuro Niagra Falls Red Strobing Nishiki Kamuro Reddish Gamboge to Green Blue Circle with Twice Crackling Pistil Multi Color Cycas Exhibit B Payment City agrees to pay Contractor the services which shall not exceed $30,000 per event, per year, for the aerial fireworks display. City shall pay to Contractor $15,000 of the aerial fireworks display fee as a deposit for each event. The City shall pay to the Contractor a deposit fee of $15,000.00 no later than June 15, 2016, June 15, 2017 and June 15, 2018. The remaining balance of $15,000, of the aerial fireworks display fee shall be paid by the City no later than July 15, 2016, July 15, 2017 and July 15, 2018. 19 61147.02100\ 10974777.1