AGR-3516.O - PYRO SPECTACULARS INCDocuSign Envelope ID: E0905FBA-4E774F11=9A02-358B2BC540BA
AGR #3516.0
FIREWORKS DISPLAY AGREEMENT
THIS FIREWORKS DISPLAY AGREEMENT (the "Agreement") is made at Orange,
California, on this 22nd day of March 22 , 2023 (the "Effective Date") by and between
the CITY OF ORANGE, a municipal corporation ("City"), and PYRO SPECTACULARS, INC.,
a California corporation ("Contractor"), who agree as follows:
1. Term. The term of this Agreement shall commence on the Effective Date and shall
terminate on July 30, 2027.
2. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the pyrotechnic services set forth in
Exhibits "A" and "A.2," which are attached hereto and. incorporated herein by this reference. As
a material inducement to the City to enter into this Agreement, Contractor represents and warrants
that it has thoroughly investigated and, considered the scope of services and fully understands the
difficulties and restrictions in performing the work. The services which are the subject of this
Agreement are not in the usual course of City's business and City relies on Contractor's
representation that it is independently engaged in the business of providing such services and is
experienced in performing the work.. Contractor shall perform all services in a manner reasonably
satisfactory to City and in a manner in conformance with the standards of quality normally
observed by an entity providing such services to a municipal agency. All services provided shall
conform to all federal, state and local laws, rules and regulations and to .the best professional
DocuSign Envelope ID: E0905FBA-4E774F11=9A02-358B2BC540BA
AGR #3516.0
FIREWORKS DISPLAY AGREEMENT
THIS FIREWORKS DISPLAY AGREEMENT (the "Agreement") is made at Orange,
California, on this 22nd day of March 22 , 2023 (the "Effective Date") by and between
the CITY OF ORANGE, a municipal corporation ("City"), and PYRO SPECTACULARS, INC.,
a California corporation ("Contractor"), who agree as follows:
1. Term. The term of this Agreement shall commence on the Effective Date and shall
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authorization of the City, for a total of ONE HUNDRED TWENTY-FIVE THOUSAND
DOLLARS and 00/100 ($125,000.00) over a five year term of this Agreement, as set forth in
Exhibit `B," which is attached hereto and incorporated herein by this reference.
b. The above fee shall include all costs, including, but not limited to, all
clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses, and any applicable permit fees required by federal and state
regulatory agencies.
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4.. Payment. In February of each year during the term of this Agreement, Contractor
shall submit to City an invoice for TWELVE THOUSAND FIVE HUNDRED DOLLARS and
00/100 ($12,500.00), which is one-half of the yearly fee for one pyrotechnic display ("Display").
City shall pay Contractor the amount invoiced on or before March 31" of that year. Contractor
shall submit a separate invoice for the balance of the yearly fee, and any authorized costs, which
shall be payable by City within thirty (30) days following the successful performance of the
Display. J
5. Change ,Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by the City Manager
as a written amendment to this Agreement. The amendment shall set forth the changes of work,
extension of time for preparation and adjustment of the fee to be paid by City to Contractor.
6. Cancellation of Display. City has the right to unilaterally cancel a particular
Display prior to the scheduled date by giving Contractor written notice of cancellation. If so, City
shall pay, Contractor, as liquidated damages, the following percentages of the compensation set
forth in Section 3.a, for that particular Display:
1) 50% if cancellation occurs 30 to 90 days prior to the Display date.
2) 75% if cancellation occurs 15 to 29 days prior to the Display date.
3) 100% if cancellation occurs within 28 days, or fewer, of the Display date.
7.. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all. licenses which are required under state or federal law to perform. the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
.8. . Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not, under anycircumstances, be considered employees of City, and that they shall
not be entitled to any of the benefits or rights afforded employees of City, including, but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long term disability or workers' compensation insurance benefits.
9. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City. in any capacity whatsoever as an
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agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever. City acknowledges that Contractor shall make application for the City fireworks
permits for the Displays and is hereby authorized to do so on City's behalf.
10. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved in writing by the City Manager or his designee.
11. Time of Completion. Contractor agrees to commence the work provided for in
this Agreement in a timely fashion and to diligently prosecute completion of the work in
accordance with the time period set forth in Exhibit "A" hereto or otherwise agreed to by and
between.the representatives of the parties.
12. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things reasonably necessary and incidental to.the prosecution of Contractor's work.
13. Rescheduling of Event. If City elects to reschedule the Display, Contractor shall
be paid the original Fee plus'all additional expenses made necessary by rescheduling, plus a 15%
service fee on such additional expenses. Said expenses will be invoiced separately and payment
will be due in full within five (5) days of receipt. City and Contractor shall agree upon the
rescheduled date taking into consideration availability of permits, materials, equipment,
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agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever. City acknowledges that Contractor shall make application for the City fireworks
permits for the Displays and is hereby authorized to do so on City's behalf.
10. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved in writing by the City Manager or his designee.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
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Such actions shall include, but not be limited to the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
C. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a Contractor to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
1-7. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-35BB2BC540BA
Such actions shall include, but not be limited to the following: employment, upgrading, demotion
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
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corporation including the Indemnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall
indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgment that may be,.rendered against the Indemnitees, .or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
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b. City shall indemnify and defend Contractor from and against any and .all
claims, actions, damages, liability and expenses, including but not limited to, attorney and other
professional fees and court costs in connection with the loss of life, personal injury, and/or damage
to property, arising from or out of the Display and the presentation thereof to the extent such are
occasioned by the active negligence, failure to perform the terms of this Agreement, or willful
misconduct of City or the Additional Insureds.
C. In no event shall either party be liable for the consequential damages of the
other party.
d. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third parry indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
e. The . indemnities set forth in this section shall survive any closing,
rescission, or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any worker's compensation benefits under any City
program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive' general liability insurance or commercial general liability
insurance: the greater of (1) Five Million Dollars ($5,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on am occurrence basis.
C. Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of (1) a combined single limit of
Five Million Dollars ($5,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned, non -owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor- under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City, its officers, agents, and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Contractor under this Agreement. A
policy endorsement to that effect shall be provided to the City along with the certificate of
insurance.. In lieu of an endorsement, the City will accept a copy of the policy(ies) which evidences
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that the City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth herein
shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement, employer
liability insurance written on an occurrence basis with a limit of $1 million per occurrence.
g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than.
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned general liability, and automotive insurance coverages on .forms
acceptable to the City, which shall provide that the Contractor will not cancel or allow the
insurance to lapse without at least ten (10) days' prior written notice to the City.
i. All insurance maintained by Contractor shall be issued by companies
authorized to conduct the pertinent line of insurance business in the State of California and having
a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating
Guide.
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that the City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth herein
shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement, employer
liability insurance written on an occurrence basis with a limit of $1 million per occurrence.
g. The insurance policies maintained by Contractor shall be primary insurance
policies or shall furnish separate certificates and endorsements for each subcontractor to the City
for review and approval. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
19. Termination. Notwithstanding those provisions in paragraph 6 of this Agreement,
the City may for any reason terminate this Agreement by giving the Contractor not less than five
(5) days' written notice of intent to terminate. Upon receipt of such notice, the Contractor shall
immediately cease work, unless the notice from the City provides otherwise. Upon the termination
of this Agreement, the City shall pay Contractor for services satisfactorily provided and all
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allowable reimbursements incurred to the date of termination in compliance with this Agreement,
unless termination by the City shall be for cause, in which event the City may withhold any
disputed compensation.. Unless otherwise provided herein, the City shall not be. liable for any
claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
."records") pertaining to the costs of and completion of services performed under this Agreement.
Contractor shall maintain all such records for a period of at least three (3) years after termination
or completion of this Agreement. Contractor agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon five (5) business days'
notice from the City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immi2ration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a "public works," as
that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
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allowable reimbursements incurred to the date of termination in compliance with this Agreement,
unless termination by the City shall be for cause, in which event the City may withhold any
disputed compensation.. Unless otherwise provided herein, the City shall not be. liable for any
claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
"records") pertaining to the costs of and completion of services performed under this Agreement.
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
(3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form 1-9 for each of Contractor's
employees; and
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(4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any govermnent inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide, to the reasonable satisfaction of City, verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub -consultants to make the
same verification as set forth in Subsection 2Le.
.g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee, that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
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(4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any govermnent inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
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provisions of this Agreement shall not be. compensated. .
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices may be sent by either e-mail or U.S. Mail. Notices shall be
deemed received .upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is
earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
N.
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"CONTRACTOR" "CITY"
Pyro Spectaculars, Inc. City of Orange
P. O Box 2329 230 E. Chapman Avenue
Rialto, CA 92377 Orange, CA 92866-1591
Attn: Jeff Martin Attn: Rachael Gomez
Telephone No.: 909-355-8120 Telephone No.: 714-744-5556
E-Mail Address: jmartin@pyrospec.com E-Mail Address: rgomez@cityoforange.org
[Remainder of page intentionally left blank; signatures on next page)
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BG540BA
"CONTRACTOR"
Pyro Spectaculars, Inc.
P. O Box 2329
Rialto, CA 92377
Attn: Jeff Martin
Telephone No.: 909-355-8120
E-Mail Address: jmartin@pyrospec.com
i
"CITY"
City of Orange
230 E. Chapman Avenue
Orange, CA 92866-1591
Attn: Rachael Gomez
Telephone No.: 714-744-5556
E-Mail Address: rgomez@cityoforange.org
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. IN WITNESS of this Agreement, the parties have. entered into this Agreement as of the
year and day first above written.
"CONTRACTOR"
PYRO SPECTACULARS, INC.
a California corporation
"CITY"
CITY OF ORANGE, a municipal corporation
DocuSlgned by: DocuSigned by:
By; By;
Printed Name: uz Daniel R. Slater, Mayor
Title: President
F5;q Signed by:
*By; a. Sawty
Printed Name: SAMPE O
Title: CORPORATE
DocuSign Envelope ID: E0905F8A-4E77-4F11-9A02-358B2BC540BA
ATTEST:
DocuSlgned by:
Pamela Coleman, sty erk
APPROVED AS TO FORM:
IN WITNESS of this Agreement, the parties have. entered into this Agreement as of the
year and day first above written.
"CONTRACTOR" "CITY"
PYRO SPECTACULARS, INC. CITY OF ORANGE, a municipal corporation
a California corporation
DocuSigned by: DocuSi ned b :
9 YI
close in time to the execution of the Agreement, must be provided to the City.
q
IN
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EXHIBIT "A"
SCOPE OF WORK
[Beneath this sheet.]
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
EXHIBIT "A"
SCOPE OF WORK
[Beneath this sheet.]
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Exhibit A
SCOPE OF SERVICES
City Duties
1. City, at its own expense, shall provide:
• A suitable fireworks display site reasonably acceptable to the Contractor in which to
stage the pyrotechnic/fireworks display ("Display"), including a firing and fallout
safety zone reasonably acceptable to Contractor, in which fireworks and fireworks
debris may be exhibited, rise, and fall safely. It is anticipated that the Display shall
take place at Santiago Creek in the City of Orange, on a site designated by the City and
approved by Contractor ("Display Site").
• Site subject to change due to availability. City to provide Contractor three months
notice of change of venue.
• Adequate policing, guard protection, roping, fencing, and/or other crowd control and
security measures, including law enforcement, fire, heath, and other public safety
services, including on' -site security for any time that pyrotechnic equipment or product
is unattended by Contractor, to prevent the access of the public or its property or any
other people or property not authorized by Contractor into the Display site.
The services and cost of standby fire personnel (if any) and/or any applicable permit
fees as required by local statutes, ordinances, rules, or regulations.
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Exhibit A
SCOPE OF SERVICES
City Duties
1. City, at its own expense, shall provide:
• A suitable fireworks display site reasonably acceptable to the Contractor in which to
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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.
• Have sole responsibility for *ensuring that the Parking Area is safe for use.
• Having sole responsibility to police, monitor, and appropriately control spectator
access to the Spectator Area and the Parking Area and police, monitor, and
appropriately control behavior of persons in these areas.
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4. City shall assume the risk of weather, or other causes beyond Contractor's control, which may,
prevent the. Display from being safely discharged on the�scheduled date, which may cause the
cancellation of the Display on the scheduled date, or which may affect or damage such portion
of the fireworks and/or equipment as must be placed and exposed a necessary time before the
Display. It shall be within Contractor's sole discretion to detennine whether or not the Display
may be safely discharged on the schedules date and at the scheduled time. If, for any reason
beyond the Contractor's control, 'including, without limitation, inclement weather, Contractor
is unable to safely discharge the Display on the scheduled date or should any event for which
City has purchased the Display be cancelled, the parties shall attempt to negotiate a new
Display date, which shall be within 90 days of the original Display date, it being understood
that City will be required to pay Contractor original fee plus all additional reasonable expenses
made necessary by this postponement, plus a 15% service fee on.such additional expenses. If
the parties are unable to agree on a new Display date, Contractor shall be entitled to liquidated
damages from City as if City had cancelled the Display in accordance with paragraph 6 of the
agreement.
Contractor Duties.
1._ Contractor shall furnish one Display of no fewer than 14 minutes, at approximately 9:00 pm
on each of the following dates:
• July 3, 2023
• July 3, 2024
• July 3, 2025
• July 3, 2026-
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4. City shall assume the risk of weather, or other causes beyond Contractor's control, which may,
prevent the. Display from being safely discharged on the *scheduled date, which may cause the
cancellation of the Display on the scheduled date, or which may affect or damage such portion
of the fireworks and/or equipment as must be placed and exposed a necessary time before the
Display. It shall be within Contractor's sole discretion to detennine whether or not the Display
may be safely discharged on the schedules date and at the scheduled time. If, for any reason
beyond the Contractor's control, 'including, without limitation, inclement weather, Contractor
is unable to safely discharge the Display on the scheduled date or should any event for which
City has purchased the Display be cancelled, the parties shall attempt to negotiate a new
reasonably acceptable ties for the necessary inspections and for the continuity checks prior to
commencing the Display.
5. At least 30 days prior to the Display date, Contractor shall provide City with the musical
soundtrack for the Display in a format to be mutually agreed upon by the parities. City has the
right to have Contractor change or modify the music selection. When, City approves .the
musical soundtrack, Contractor shall provide City with music in the agreed upon format.
6. Contractor shall ensure that breakdown of production and cleanup is performed in a timely
manner.
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7. All services provided by Contractor shall conform to all federal, state, and local laws, rules,
and regulations and to the best professional standards and practices. Contractor shall employ
safety programs and measures consistent with recognized applicable industry standards and
practices.
8. Contractor shall apply for all federal, state, and local fireworks display permits and licenses
required for the Display; provided, however, that City shall pay or waive all City, Orange.
Unified School District, and any other required permit fee (but not including any business
license taxes) required for Display. City shall apply for and obtain all other permits necessary
and appropriate for the event at which the Display is to be presented.
9. Contractor shall have no responsibility to inspect, police, monitor, or otherwise supervise any
area other than the Display Site, except to ensure:
• That any Spectator Area or Parking Area is outside the Display Site; and
• After completion of the Display, that the Display Site is cleared of any live fireworks
debris originating from the Display.
10. It shall not constitute a breach of- the Agreement by Contractor for fireworks to fail or
malfunction, or for Contractor to determine that the Display cannot be discharged or continued
as a result of any conditions or circumstances affecting safety, which is beyond the reasonable
control of Contractor.
Product Synopsis
1. Contractor shall provide products equivalent to the Exhibit A.2 for the Display on July 3, 2023
through the contract term expiring on July 30, 2027. Subsequent Displays shall include the
same or equivalent products. City understands that an industry. accepted level of 3% of the
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
7. All services provided by Contractor shall conform to all federal, state, and local laws, rules,
and regulations and to the best professional standards and practices. Contractor shall employ
safety programs and measures consistent with recognized applicable industry standards and
practices.
8. Contractor shall apply for all federal, state, and local fireworks display permits and licenses
required for the Display; provided, however, that City shall pay or waive all City, Orange.
Unified School District, and any other required permit fee (but not including any business
license taxes) required for Display. City shall apply for and obtain all other permits necessary
and appropriate for the event at which the Display is to be presented.
Pyrotechnic Devises
Description Quantity
• Sousa Platinum Line Custom Multi -shot Device 400 shots
• Sousa Diamond Line Custom Multi -shot Device 1500 shots
• Sousa Emerald Line Custom Multi -shot Device 600 shots
Total of Pyrotechnic Devices: 2,500 shots
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
Grand Finale
Description
• 2" Sky Concert Bombardment Shells
• 2.5" Sky Concert Bombardment Shells
Quantily
200
240
Total of Grand Finale: 440
GRAND TOTAL: 3,165
2. Contractor shall provide City with Product Synopsis by March 31 St prior to each 3rd of July
Celebration.
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
Grand Finale
V
Description Quantily
• 2" Sky Concert Bombardment Shells 200
• 2.5" Sky Concert Bombardment Shells 240
Total of Grand Finale: 440
GRAND TOTAL: 3.165
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
EXHIBIT "A.2"
PRODUCT SYNOPSIS / PYROTECHNIC PROPOSAL
[Beneath this sheet.]
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
EXHIBIT "A.2"
PRODUCT SYNOPSIS / PYROTECHNIC PROPOSAL
[Beneath this sheet.]
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
Product Synopsis • Pyrotechnic Proposal
City ®f ®range
PROGRAM A- July 3, 2023
$251?000.00
ExhibitAo2
Opening
Description
♦ 2.5" Sky Concert Opening Salutes
Main Body - Aerial Shells Total of Opening
Description
♦ 2.5" Sky Concert Selections
Total. of Main Body - Aerial Shells
Pyrotechnic Devices
Description
♦ Sousa Platinum Line Custom Multishot Device
♦ Sousa Diamond Line Custom Multishot Device
♦ Sousa Emerald Line Custom Multishot Device
Quantity
25
25
Quantity
200
200
Quantity
400 Shots
1500 Shots
600 Shots
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
Product Synopsis • Pyrotechnic Proposal
City ®f ®range
PROGRAM A- July 3, 2023
$251?000.00
ExhibitAo2
Opening
Product descriptions are for specification of product quality, classification, and value. Final
product selections will be based on availability, suitability,"and overall artistic style.
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC,540BA
EXHIBIT "B"
COMPENSATION SCHEDULE
[Beneath this sheet.]
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC,540BA
EXHIBIT "B"
COMPENSATION SCHEDULE
[Beneath this sheet.]
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BG540BA
EXHIBIT B
Compensation for Pyro Spectaculars, INC.
Firework Display Services
Five -Year Term
Event Date: 07/03/2023
$25,000.00
Event Date: 07/03/2024
$25,000.00
Event Date: 07/03/2025
$251000.00
Event Date: 07/03/2026
$25,000.00
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BG540BA
EXHIBIT B
Compensation for Pyro Spectaculars, INC.
Firework Display Services
Five -Year Term
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
DRAYTON INSURANCE BROKERS, INC.
2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067
BIRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220
TELEPHONE: (205) 854-5806 FAX: (205) 854-5899
CERTIFICATE OF INSURANCE
No. 3120.69
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 insurance afforded is subject to all the terms, exclusions and conditions of the policy.
INSURER Admiral Insurance Company POLICY NO. CA000002771-37
NAMED INSURED Pyro Spectaculars, Inc. Pyro Spectaculars by Souza
Pyro Events, Inca Pyro Spectacular Industries, Inc.
Pyio Spectaculars Productions, Inc. North American Fireworks Co., Inc. (NAFCO)
P.O. Box 2329 San Diego Fireworks
Rialto, California 92377
POLICY TERM January 13, 2023 to January 13, 2024; Both Days 12:01 A.M. Standard Time
COVERAGE Commercial General Liability: ® Occurrence Basis ❑ Claims Made Basis
LIMIT OF•LIABILITY $5,000,000 each occurrence, $10,000,000 general aggregate, $5,000,000 products/coinpleted operations aggregate
The limit of liability 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 Insureds 1) the sponsor(s), promoter(s), organizer(s) (including other
entities having similar interests), of insured pyrotechnic events and/or 2) the owner(s) of real property (or barges) at which insured pyrotechnic events
are held and/or 3) the owner(s), manager(s), tenant(s), mortgagee(s) (including other entities having similar interests), of buildings, stadiums, arenas
and similar facilities at Which insured pyrotechnic events are held and/or 4) the licensing or permitting authority, or other authority having
jurisdiction, issuing licenses/permits for insured pyrotechnic events and/or 5) any other entity for which the insurance is required to be afforded under
written contract. Coverage applies only as respects the legal liability of such Additional Insureds) for bodily injury and property damage caused by
the operations of the Named Insured. The insurance afforded any Additional Insured does not include coverage for any bodily injury or property
. -�_ c_°'--- _c-- • A th. W.-4 Inca ]
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-358B2BC540BA
DRAYTON INSURANCE BROKERS, INC.
2500 CENTER POINT ROAD, SUITE 301 POST OFFICE BOX 94067
BIRMINGHAM, ALABAMA 35215 BIRMINGHAM, ALABAMA 35220
TELEPHONE: (205) 854-5806 FAX: (205) 854-5899
CERTIFICATE OF INSURANCE
No. 3120.69
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 insurance afforded is subject to all the terms, exclusions and conditions of the policy.
INSURER
NAMED INSURED
Grijalva Park
Orange, CA
Admiral Insurance Company
Pyro Spectaculars, Inc.
Pyro Events, Inca
POLICY NO. CA000002771-37
Pyro Spectaculars by Souza
Pyro Spectacular Industries, Inc.
,july*3, 202s •- ,�,
It is certified that this policy requires a 30 day mutual notice of cancellation between 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 failure
to mail such notice shall impose no obligation or liability of any kind upon the insurer and/or the undersigned.
DRAYTON INSURANCE BROKERS, INC.
February 9, 2023
DATE OF ISSUE TRINGER, PRESIDEN
CALIFORNIA LICENSE N r xi;6 ,
DocuSign Envelope ID: E0905FBA-4E77-4F11=9A02=358132BC5406A
Policy Number: CA000002771-37
Al 08 76 02 03
Effective Date:1/13/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - BLANKET
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
It is hereby declared and agreed that the following entities are included as Additional Insured(s) hereunder..
1) Sponsor(s), proinoter(s), organizer(s) (including other entities having similar interests), of insured
pyrotechnic events and/or insured pyrotechnic premises.
2) Owner(s) of.real property (or barges) at which insured pyrotechnic events are held and/or insured
pyrotechnic premises are located.
3) Owner(s), managers'), tenant(s), mortgagee(s) (including other entities having similar interests),
of buildings, stadiums, arenas, stores and other similar facilities at which insured pyrotechnic events
DocuSign Envelope ID: E0905FBA-4E77-4F11=9A02=358132BC5406A
Policy Number: CA000002771-37
Al 08 76 02 03
Effective Date:1/13/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - BLANKET
This endorsement modifies insurance provided under the following:
... ..uru �.�......c.��.xczx.-cu•a-rw.. c>y .� �.. �..vc cv my xax=u.acxvx.0 vx- ..vaaux.xvaao ov. vu. aax o�..,a, ., vi .ax..,...v v..,.o�..cu.vv.
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 I of 1
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-35862BC5406A
Policy Number: CA000002771737
Al 08 76 02 03
Effective Date:1/13/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL? IT CAREFULLY.
COVERAGE AMENDMENT -PRIMARY
This endorsement (modifies insurance provided under the following:
COMMERCIAL, GENERAL LIABILITY COVERAGE FORM
COMMERCIAL PROPERTY COVERAGE FORM
PROFESSIONAL LIABILITY COVERAGE FORM
It is hereby declared and agreed that, if so stated in a certificate of insurance, the coverage afforded any entity
included .as an Additional Insured under the terms of this policy shall
1) Be primary and non-contributory with any policy of insurance (or self-insurance) issued
directly to the Additional Insured.
2) Provide a waiver of subrogation in favor of such Additional Insured.
DocuSign Envelope ID: E0905FBA-4E77-4F11-9A02-35862BC5406A
Policy Number: CA000002771737
Al 08 76 02 03
Effective Date:1/13/2023
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL? IT CAREFULLY.
COVERAGE AMENDMENT -PRIMARY
This endorsement (modifies insurance provided under the following:
Al 08 76 02 03 Page 1 of 1 13