HomeMy WebLinkAboutID# 14-616 LEMC Waiver for Fourth of July Firworks & Pyro Spectaculars, Inc. AgreementCIfY 0r n
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES, CITY MANAGER
DATE: JUNE 9, 2015
SUBJECT: Lake Elsinore Municipal Code Waiver For Fourth Of July Fireworks
And Approval To Enter Into An Agreement With Pro Spectaculars
Inc.
RECOMMENDATION
1. City Council Waive Lake Elsinore Municipal Code and approve purchase under
LEMC Section 3.08.070F — Exception to bid procedures (When in the best
interest of the City, the City Council may authorize the City Manager or
Purchasing Officer to bypass the bid process required under this chapter for
purchases greater than $30,000), and;
2. Authorize the City Manager to enter into an agreement with Pyro Spectaculars,
Inc. for Fourth of July Fireworks Show in an amount not to exceed $35,000.
BACKGROUND
On July 4, 2014, the City held a Fireworks Spectacular on Lake Elsinore, which included
a "View by Boat" fireworks show over the lake. Services were provided by Pyro
Spectaculars, Inc. located in Rialto, California. Pyro Spectaculars also performs the
same service for many surrounding communities including Diamond Stadium. As part
of the festivities, staff offered inflatable water features, carnival type games at Wick and
Matich Fields and a concert at Lakepoint Park.
Each year, the production is enjoyed by more and more residents and guests and KOLA
Radio 99.9 broadcast a radio simulcast for the Fireworks show which lasted
approximately 18 -20 minutes. In addition to those enjoying the show on the shore,
limited boaters have the opportunity to experience the Fireworks on the Lake, launching
from La Laguna and other docks around the Lake. This year, the Lake Elsinore Storm
FOURTH OF JULY FIREWORKS SHOW
JUNE 9, 2015
Page 2
will be playing home games at Diamond Stadium and part of their entertainment will be
a Fireworks show following the game. Staff is in constant communication to coordinate
the presentations so there is less opportunity to overlap.
DISCUSSION
Staff recommends continuing the annual Fireworks services for the community and
boaters to enjoy. Staff has condensed the pre- firework festivities to take place at
Lakepoint Park and marketing has begun.
Given the purchase of fireworks services is unique, staff bypassed the normal bid
procedures and chose Pyro Spectaculars, Inc. for the City's 2015 fireworks show. Their
quote, in the amount of $35,000, will include a radio simulcast promoting the event and
a show in approximately 18 — 20 minutes duration.
FISCAL IMPACT
Approval of this item will result in an expenditure of $35,000 that will be appropriated
from the City's FY 2015 -16 Budget. Upon approval, a contract will be signed and 50%
deposit of $17,500 will be required.
Prepared by: Johnathan O. Skinner
Director of Community Services
Approved by: Grant Yates
City Manager
ATTACHEMENT: Pyro Spectaculars, Inc. Proposal
July 4, 2015
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Pyrotechnic, Proposal for
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July 4, 2015
March 11, 2015
City of Lake Elsinore
Melissa Houtz
130 South Main Street
Lake Elsinore, CA 92330
Dear Ms. Houtz,
Pyro Spectaculars, Inc. is happy to provide our pyrotechnic proposal for your July 4,
2015 event. The following proposal outlines your custom designed Sky Concert -
titled "We the People...." It is itemized in the product synopsis as Program "B" for
the amount of $35,000.00. The various fireworks elements provided are prepared to
shoot from the Lake Elsinore Levee for approximately 18 -20 minutes.
Our full service program Includes music production and choreography, the services
of a licensed pyrotechnic operator, specialized crew, an electronic firing system, and
safety equipment used for support and protection. The price also includes insurance
coverage, sales tax and delivery. To help ensure public safety, we work directly with
the local fire authority while we apply for all the necessary fire department and
other fireworks related permits. Our winning combination of products, people and
production capabilities help produce the safest fireworks entertainment package
possible.
Your organization will be responsible for payment of all Fire Department permit fees
and /or standby firemen fees, if any. The Fire Department may bill you directly for
any additional standby fees for inspections. Your organization will be responsible
for providing the display location and all necessary security for the display site.
Enclosed you will find a Product Synopsis, Production Agreement for signature and
Scope of Work, Please have one copy of this fully executed agreement returned to
our office by April 3, 2015 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 Cindy Allie at (909) 355 -8120 ext. 231.
Sincerely,
PYRO SPECTACVLARS, .r1VC.
eff I in
Sales Manager
JM /mb
Enclosures
Pyro Spectaculars, Inc.
P.O. Box 2329 • Rialto, CA 92377 - Phone: (909) 355 -8120 or (888) 477 -PYRO • Fax: (909) 355 -9813
Product Synopsis
Choreography and the Sky Concerti"
The World of Pyro Spectaculars, Inc. at your Service
Commitment from the President
Production Agreement and Scope of Work
Product Synopsis ® Pyrotechnic Proposal
City of Lake Elsinore
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Total of Opening
25
Main Body - Aerial Shells
aq.scri lion
Quantity
♦
4" Sky Concert Selections
125
♦
5" Sky Concert Selections
80
♦
6" Sky Concert Selections
75
♦
8" Sky Concert Selections
15
♦
10" Sky Concert Selections
5
Total of Main Brady - Aerial Shells
300
Pyrotechnic Devices
Description
Quanti
♦
Sousa Emerald Line Custom Multishot Device
600 Shots
♦
UFO 2 Raise Silver w/White Strobing Cascade
5
Total of Pyrotechnic Devices
605
Grand
Finale
Descrlpj oqn
Quantity
♦
2.5" Sky Concert Bombardment Shells
72
♦
3" Sky Concert Bombardment Shells
290
♦
5" Sky Concert Bombardment Shells
9
♦
6" Sky Concert Bombardment Shells
6
Total of Grand Finale
377
Grand Total
1,307
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What is a Sky Concert,"?
There is a fine distinction between a fireworks display accompanied to music and
fireworks choreographed to music. Our specialty is the latter and for nearly 30 years we
have continued to perfect this technique. With the use of electronic and now
computerized firing systems, we have transformed ancient fireworks into an artistic
story of "oos" and "ahs" where we harmonize the fireworks to a musical scare. This is
our famed Sky Concert'".
Pyro Spectaculars pioneered the discipline of pyro musical displays in 1976 while
celebrating our nation's bi- centennial. This art form took years to master and the results
have positioned us as the world's top designer of fireworks choreography.
We strive to engage the audience emotionally by selecting a musical theme. For
instance, "Patriotism" is the theme for the 0' of July. We then structure the story with
an Opening Fanfare, four or five scenes with musical tempo changes and finish with an
impressionable grand finale song.
Product selection and timing is the "PYRO WAY." with the use of computer
technology, we are able to digitally script our shows to the musical time line. We
deliberately add effects that have the emotional, tempo or audible characteristics of the
music itself. These are called "Fireworks Tableaus"
How does it work?
Execution of this art form takes great involvement from every facet of the
company. During our quality testing, we collect timing data for each product we import.
The timing and performance data from these tests become the pallet our Show
Producers use to paint the sky. It usually takes one hour per song to perfectly design the
various tableaus presented In one Sky Concert'"'.
Once the show is designed, the producer creates a cue sheet. This is where the
shells are numbered in their firing sequence to the music timeline. The next step is also
very time consuming for our packing team. Each shell gets the cue number hand written
on it prior to being placed in the shipping carton. Next, our sound engineer adds an
audible cue track with those numbers to the music CD that will play on show night.
On the show site our technicians carefully arrange the mortars according to the
cue sheet and wire the shells to the firing system by its written cue number. During the
show, the operator will listen to the cues on the CD and fires the cue as the number is
heard. WOW! This is how we get the "Happy Face" shell to burst its smile exactly to the
first note of Pharrel Williams' song titled Happy.
There is no substitution for show choreography. Better is better in this case and
there is no competitor with the capability to produce this level of fireworks
entertainment at affordable prices, Choreography is not possible without the use of
electronic firing systems and precision comes from having each shell with its own
electronic match. Anything else is fireworks to music, not a Sky Concert'"'.
The World of Pyro Spectaculars at your Service!
For all + •. of
Full Service Productions
Creative Show Design
Music and Theme Selection
Permit Applications
Insurance and Licensing
Set up and delivery
Value Added Services
In-House
Digital Recording Studio
State of the Art Equipment
24 hour Support Staff
Pyro University Safety and Training
Courses
Fire Department Liaison
Sky Concerts-
SOUSA" Fireworks Brand
Indoor Stage /Close Proximity Pyro
Custom Logos
Propane Effects
Cryogenics
Confetti and Streamers
Consultation Services
Pyro - Program Development
Display Site Surveys
Innovative Product Development
Safety Analysis
Our Commitment
rROM THE DESK Or
J
PRESIDENT AND CEO
At the heart of every Pyro Spectaculars, Inc. show
there is a five generation heritage of the Souza Family.
We have been committed to the highest standards of
safety, showmanship, and satisfaction for each of our
customers.
Your audience expects the best from you... and I
am pleased to offer my personal commitment to ensure
that they will be thrilled with your fireworks show... and
that you will never have to "worry" about any aspect of
our business, professional, pyrotechnic, or performance
relationship.
Along with the finest fireworks team in the
industry, I pledge to you my personal support. Pyro
Spectaculars is local, safe, cost - effective, creative,
resourceful... the right choice for your fireworks show.
I am personally committed to ensuring that our
local experience of excellence for over one hundred
years will give you the finest show possible at any price.
You deserve the "Pyro Spec Experience!"
Thank you. We look forward to serving you... with Pride!
;4,oce4 R. �r7�
Pyro Spectaculars, life.
Y.D. Box 2329
12iallo, CA 92377
'I'd: 909- 355 -8120 ::c Fax: 909- 355 -9813
PRODUCTION AGREEMENT
CRY ol• bake. Elsinore
Progranh li
Judy 4, 201 S
Pala I eta
Ihi.ri ; ;rcnunl(Ap ICoolrsI) is made lilts 'illy of -__ 2011 Shy mod bcUween l'yi I Sp,9acobo lm ,.labbotoi cost) ),
Irerem tltu « ICrmd to is (I )'IW"), ..td (sty of Lak Ll.autm, heteloollor felenuf ton ( CI IIINT) PYRO and C 11 N 1 ate )owclroles refuntd (o nit' Y'aoy'
tic coll:.ctively ifs `P. rhei • imeon.
1. L n fgcmr fq CLII3N I haeby engages PYRO to provide In CUE NJ u..e Ince,ovks pumdu c lion ( "Pnaluckol" ), and PYRO accepts such engagement
upon -dl cods,, pinnu w lams and ro ... lojons hereinafter e,t ball, I le Produofimn Shall Ile subs(n..(I fly as oullined is f roam... "II', iltoehul hereto and
neogmv alc<I bnein bw (his fell.'......
I TYRO Duties —PYRO shall provide all pyrotechnic cquipnleol, trained pyrolechnicians, shipping, pyrotechnic products, rippo"tion for
specific pyro(CCh..ic pl.mils (the cost orwhicb, including sbundby lees, shall be paid by CLI HN'I') relating to life Production, hoilit ante coveting; the
Proh¢aion ao<I the o(hcr things on its Isar( to be performed as more specifically set forth below in (his Agreement and in the Scope of Wm'k ( "Scope of
Work "), allached hallo, inoorporMod herein by this relbrmtce, and made it pan of this Agrculoeot as thnit¢h set Ibnh fully bacon.
1.1. LI.11 NT mile's es CLILN r shailpl'ovide l0 PYRO r wi(aMc site ( Silcr') for Ile Production Cenrily fog' (lie Sift, as sal both in I 'nagny>b
6 hcicol', access to do, Sile, ally permission necessary to ufiitze fire Site for the f ruduclien, alld the other filings on its pin In be wrGxmcd as more
-pccilleally «r forth below m (iris Al ;mcnicnt and In the Scope of Work. All Nile artaug morns arosubje I (n PYRO's rCoso aide approval .0 to
pylooclmcsde(y' Suitability, and Security, All other conditions ofthc Site shall be the asponsibiloy of UEN I', including, bill not l muted to 1ceW3,
ux, control, packing and gataralsafety wish ospecl to the public, CLIEN I personnel and otlml wnu'actorx.
2- 'nom and rbore -'rise Production shall take place on jtf)k4 2015, ill tpprosimalcly➢ :00 PN n1 L_kr isles - {ore level, , I.nke Elsinore, (_1, ftiic.
3. Fee__,a lu)i•.resr mid!?xnenses-
3 I 1 ve C 1 bN'1 niffees to payPYRO a fee of$i ifoom lisi) (1)(11x'11 1 <IV! 111 {)t �S. {ND DOLLARS) ("Teo") f tr the I rodne(ion.
CLJL'N shill pay to PYRO R0.417 "DODO OSD (71,)'l A'1 i f V'1'NO( S SNI) FI VdOfl U>R(1) 1)(111 tRS) of the 1 C. plus csfintaleA pernut,tnJ sl uxlby liar,
specified pfoduction costs, .cud offer regulatory costs Ibis roxullmect id 0(tg0 CRt an a0l oil III to be their, mined, fort total of, 17 a0011Q.es a deposit
( "Dcposil ') upon the caceuoon ofthls Agrwmuni by both follies brittle later flan r1 fin tl 3 ? 15 'rile balanw of the f w shinll bit pntU no Inter Ih;m , ulw G 21)15,
CL1HN uUllnriZee PYI20la r.cove •+n<I verity .(edit and finaimial Inlonhhafioti coneelmng C7.11'N I Isom ,illy agcny, person of entity including bill not IIorIred
to credit wpouing agunues, 'f lit "PRICE; FdtM" date, Ile date by which the excess (oil Agreenent nmst be delfvcred to fly, it, is set fill in p:nograph 20.
U interest - In(liecvent(Imtfilehcc is not field ill It direly manner, CLIENTsvill be tcsponsibic for the payment of L5 %joe,cstper htonlh
or 18% annually on the unpaid balonce: If Iitigatimt arises out of This Agreement, the prevailing party doll be entitled to Ieasonabte costs inetnred fit coiinecboo
,,ill, the hogatien, iueiuding, bin not knelled to attorneys' fees,
3 3 Ir i reuses - PYRO shall pay all normal expenses directly retitled to file 1§oduclimt hiely di..g freight, insurance as oudincd, pyrotechnic
produces, pyromclmic equipneall, experienced pyrotechnic personnel (a Sot up and discharge the pyrotwhnics and those addloonal decor as ouiliued as PY'RO's
mspo l"lbibly in the Scope of Work..CLIGNT shall pay all costs related to the Poiduction aotsupplicd by PYRO iuchrding, but not limited lo, those horns
oulliucd ais ClAt'N'Ps nsponsibifily in this Agrc.mcnt and Scope of Work.
4- I's npl ielary Lti{ IcLs - PYRO rggesmns and wilITU lls Ulal It o»na tdl copynglo", includinL pt,driusellice ill ht", to Iltis Poductiou, except silo PYItO
does ),)I out C7 HWT -oohed mate ill or Ihirdyrnny -owned material Ihat has bcco included in (he Production, and as to such CLIIIN f owned and third -pany-
owned In nee f C,IFN' asaintex full responsibility Iherefmc. CLIEN f agrees That PYRO shed retain ov..aship of and fill wpyrighi.s and other rights to, (he
Plodoctien, except that PYRO shall not acquire or retail ally ownut'shdp a'other I'ighls in or (o CLIHN'I- otwncd material and Third- party -owned nutteli d nod ..hall
nog he esponsible in ally wary for such material. If upphroble, CLII:N I' consents to the asc of CLIENT -owned nmtm'ial ford represents Ibnl it has or will obtain
any permission from appropriate third parties suDSciem to nuthorize fiddle exhibition of ally Such millemil in connce(ion with this Production. PYRO reserves Idle
ownership rights in ifs rradc nanws shot are used In or site a product oflbc Product ion. Any coproduction by sound, video or older doplicntion m' recording process
wvitlunit the express written permission of PYRO is prohibited.
5 tie, fdj - PYRU and CLIEN I' Shall each wniply will applicable federal, slate and local Imes nod regrdadOlIS sold employ safety programs and mcasurcs
Wilsislew with recognized applicable industry standards all practices. At all limes before wad during the Production, it shall be within PYRO's sale discretion to
'Ic emtiuc whether (I not the Production nary be safely discharged or continued. It shall not constitute a breach of this Agimnnav by PYRO for f ircwoi ks m foil
of nmllwetion, or for PYRO to defensible flat file Production cannot lie discimrgcd or continued as a result of any Conditions or.ircumavuoecs affecting sorely
beeoud tle reasonable contmf of PYRO.
(I Stcurity - Clhxil` shill pruwde adequate secuiily posteriori, barricades, and Police Dcpuansid "or 'viaa fks "lily bencc,eSMY(0 pmelude individual,
r ilcr ill. ot thoe nmhorin d by TYRO from entering fat cue n to be designated by PYRO is the area for (Ile sin ep and discharge ill tile Pcodactian, indsoll" it
fdleul slea ll factory la PYRO the pyrotechnics story safely rise and any dehris may safely fall PVRO shall nav vi responsibility list ntomtor o I or
emnroll utt
CI I "s other contraetors, providers or Mu Ulcers; Ute public; arras to which the public or comraaot's hive access; or any other puddle or coatruehtr
Incii0i, anaatclntal with life Ihedaetion.
l' ( Ieanup - PYRO shall be responsible fur Ih0lorloval of all cgrupment pto ided by P1'RO mill clean up ar coy live pyrOoChoic debris no id, necessary
by I'1'KO. C IJIr.N'I'shall be responsihle for any otherClean nip which m;ry be requincd of she Produo(lon m'se( -up, dnseleoeC ford pddoul areas incl tdtng:iny
omlonnwmal'ICmn -up.
PS V I-dc
Pyro Spectaculars, life.
P.O. Box 2329
Rialto, CA 92377
Tel: 909. 3.55 -5 120:::: Fax: 909-355-98 13
City oi' Imke EIs Its oIv
Program 13
July 4, 201';
k. Its, rmits -PYRO ngmcs to apply for prnmik for site firing (if pyrotochnics only from the 1- nineP:Isioorc Itiry P,electionMassitiug, FA A, and II.SC(l,.
If Iequird. CLII3N'I shall be responsible for any lies assnointed w8h these peruils including standby Ices. ( LIEN 'I'shulI be responsible for obtainingnny other
ncce"IsT ' I)c III iIs, paying associlied fees, and making Other appoomw amongc.nients for Policc Departments, other Pirc DepelmcII s, road closures,
event /activity to laud lose permits nr any pem is, too or permit sequird by any Local, Regional, Sute or Pederel Govcmmmv.
9, 1 llml I rice - TYRO shit al all lintel during Ilse penes ilia noe ofscrviecs herein ensure Ihat lira following insurance is maintained in connection with
PYRO's pct formmoee of Ibis Agmemene. ( I) ccmantacial general IiabiIity iosuN.mee, including products, completed operations, and roolo elual limbiIity undo, this
Asrcemem; (2) anmunobile Ilaail fly ia5mmIIee, (3) ivmdmrs' eontpensolion Insurance mad employer liability insurance. Such insurance is to protect CLII;NT from
claims oar bodily inaury, including (foods, personal injury, and front claims ofproperty dammage, which loony arise float PYRO's purb,mia ccofthis Ab eemoo,
only The types and nntounis of cotvcrage shall be as set thrill m the Scopc of Work. Such assonance shall not include claims wards arise from CLIENT "s
ougligcnecor sviliil conduct Or from fhduo; of CILMN'I'to perform its obligations under this Agrecmcut, coverage for which shall be provided by CUEN'C.
'I he coverage of these policies dull bu subjccl to wascolabic inspection by CLIENT. Certificates of in:amace evidencing the required general IInbiIsly covcrftgc
shall Ire RIroblood to (TII'Nf prior lu the rondcring of smvices Imreuadcr and shall include that (be following are named as additionally insured: Off LN'I ;
Spou.sons, Landowners, Barge Owua's, II any: and I'mmitio g Authorities, with respcctlo (he operations OFPYRO at the NO1100iioa. PvrmlCCltllle xubcooll'acma
OF providers, II' ally, not covered under policier- of insurece required hereby, shall secure, mountain and provide their oswt insurance coverts go svi(h respect to their
raspcctivc opci aions and Scrylccs.
10. 1 nticmatficallar_ -P YRO wprescma and warrants Iho it N capable of flu'nishiog the necessary experietce, personnel, equipment, materials, providers,
and expulIse to produce the Production in a safe and professional mannur. Nohvithslandinl; anyihinfr in this Agrcenmmt to the mommy, PYRO shall lndcntnify,
holdharaless, and defend CLIGNI' and the addi(iouni avaneds from and against any loud all claims, actions, damages, liabilities and expesscs, Including bit( not
Ilnnawd m,, imumcy tad other professional (Ices and colon costs, in corm,obon with the loss of life, personal injury, and/or damage to property, arising Gnat or out
If the Production and the presell a val lhcrcol'to the cxtont seen tare r inned by cry ties Or omission of PYRO; Ilicu officers, agcnls, comosdors, providers, or
employees. CUFNI'l shall lndcntnify, hold harmless, and defend PYRO front andagainst any and all claims, actions, damages, liability turd oxpeuses, including
but not firmed to, cuorney and other professional fees and mull costs in comwul ion will) file loss; of tile, personal injury, midfor damage to property, arising boot
Ill out Of the Production and the pres nitiamn thereof to the extent such ar, occasioned by any act ocumission of CLIENT, its officers, agcou, contractors,
providers, or cmpinyees. In coo event shall either panty be liable for rite consequential damages of (he other pity,
11. Limitation if Notane.s fm' OI j(marv-lircnch - lixecpt in the case o(bodity injoiy and property damage as provided in the insurance and
imdpapif (cation provisions of Poagraphs 9 and 10, above, in sic evert CLIFNIT claims that PYRO has breacloed this Agreement or wasntherwisc negligent in
pet Rxming the Production provided for herein, CL 1,4 1'shall act be cooped to claim or recover summary damages front PYRO 1beyond the tnuount CLIENT has
paid to PYRO under this Agrecntcut, and shall not he eof itled to claim or recover any wnscquonlial damages focal PYRO Including, without limitation, damages
bw loss of lncome, bmines's or proofs.
12. Rorcc. Maimm'c - UMN'I' agrees to assume lbc risks of avunllmt, strike, civil unrest, foliorisro, military action, governmental action, and ally other'
causes beyond the control of PYRO which may Prcvcnl Ilse Pmduetiom front being safely discharged on the schcdidcd (title, which may cams; the canccllaliun of-
ally went for which UIENT has purchased the I'nxluction, or which illy nflect or dmaage sue) portion ol'the exhibits YU nest lie placed and exposed a
lecessary lime befan; the Production. If, for arty such Mason, PYRO is nut reasonably able to safely discharsto the Production oar the sehertuled slate, or at Ilse
scheduled show, Or should any ovau for which CHEN'I has purchased tie Production be canceled as a result ofiuch classes. CLIENT may (i) rasehedule lice
Prmductiovand pay PYRO suer sums as provided in Paragraph 13, on cancel fire Production and pay PYRO such sums is provided it, Pargiaph 14, based
upon when the Prodnciinn is canceled,
13. Reschethdiog 0l' vent- It CLIEN "f elects to teschedule the Producliou, PYRO shall be paid the miglnal Pee . plus all additional expenses made
neticssaly by rescheduling plus it 15% service fee on such additional expanses. Said expenses will be invoiced sepnroefy and payment will be due in till. within 5
days of yet CLIPN'f and PYRO shall agree apart tileicscheduled dale taking inn coosidenuiou availability ofpermits, materials, cquiplima, manspnration
and labor, 'Ilie Production shall be rescheduled for it date m1 more thalo 90 Days suhsepnert to the (late ties( so( frill too Noductiun, 'I lie Producliou shall not be
rescheduled to is date, or Ian am event, that Illaoi tally Iris involved a firowoaks production. 'I lie Production shall not be arachedulcll intwecn June 151h :ctrl July
15fit unlcssthc original daft was July 4th of that slue year, or between Decombcr 151h laid humary 15111 unless thoaiginai (Lite was December 3lsI Of the cadsw
Year unless PYRO agmcs still such icsrohcduhng visit not adversely afIcul noumal business operations dunngamse periods.
14. ltl¢hf Too ratlsev - Cf.f I,N'I' shall have the option (o uni Izloally cared the Production prior to /lie scheduled date. If CI.i I NI' exercises this option,
C irlitI' agrees to pay to PYRO, as liquidated dtmaff", the allowing percen ages 01,01c Rec t¢ set forth in Paragraph 3.1. I ) 50% If eunceil:dion menus 30 to 90
days prier to the sell tulcst sate, 2) 75% it cancelbdion occurs 1.1 /029 days prior ton the scheduled dale, 3) 100% thereuher, In the event CLhiN'I callwk the
Prodnciinn, it will be impolercal no exuansby diftie.ult to fix aatunl amount of Pylf,D'a (lanwgcs, the iorcgoing igxc9cnts it reasonable estimmc of low dauntges
P YRO all 1 Is, 1let I IT AI'I1AT cancels the Production.
15. No Joil 15'enfltI y -It is agreed, nolbing in Ibis Agnce.ment or fn PYRO's performance of de Production shall Inc construed as forming is pas ite-rship or
,loins venture bunsven CI JIiN'I' and TYRO. PYRO shall be. and k an indepundenl cbnnedo( with CLIENT' and corm an employee of CI.1EN1'. The Panics has ko
shot be scvcralIy Ic"pomsihlc far I lie innvn separate debt and obligations and neither I'arly sltull be held Ic,ponsiblc for ally agreements Or ohli rill seat tins
caprssly provided for herein,
16. AP t�_t b�LL�- 'Phis Agmcnlenl old she rights and Oil i pal tons 011le Panics hc,eundur shall be construed to accortlnucc with the laws of California_
It is IiuOrcr agreed Thal the Ceund Judicial District of San 13cnamdino County, California, shill be proper ocmuc barony such acdonJu Ile went that laic scope of
she hodueiva is reduced by mnihonmcx hnvingp nsdiction a by cimci Party all safety c(ntcco ns, site loll dolhrmaounls claimed at Ibis Aspeemcni are
cnibfccable
17. N,fi� - Any Notice to she Parries permitted nr required under this Agaccmmat nary he given by moiling such ldoticv in the United States Mnll,
posilge. prepaid, Bost class, addoisw d its follows: PYRO- Pyro Spccbwularx, Ire_, P.O. Box 2329, Rfadm, Calil'omia, 92377, mr for ovemightdchvety to 3196 N.
].,)cast Manus, Rial(O. Cal itomit 92377 t d.I IIN'I' - y;ay of l ake lasinorc 130 Srnth Main SL, l hmot< CA 92-1'30,
YS V 1 -?u
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: o09 -355 -8120 :c: Fax: 909- 355 -9513
City of I..akc Rlsfitorc
Program R
Joly d, 2015
I'aao .i al '1
18. Modl,_,LteaCO of Ferns All tcnm of the Agreement are in writing and may only be uuulib"d by ne,iUen agrecntcet of both Panics hereto. Both
I'unios acl;noa'Icdgc Ibc.y have teccived a copy III io id wrolen Aymcmcnt aad agme. to he hound by said coeos of wrilco Agiecinent only
19. ti,,=vr Ai if —11 there is more than one CLIENT', dwy shall bejoinny and scemally espoosible to perform CHEN'I "s abligalioos under this
Agrc, neat. 'I "his Agracmont shall lim"ne effective alter it is exwuted ;md accepted by CLIYN "T and alter it is execulcd and acce led by PYRO nt PYRO's
offices in Rialto, California. This Agnomen may beexeculod in several counterparts, including faxed and eno fled copies, each one of which shall be demucd all
original a i'muel the Party executing same, "this Agmemcnl shall tic. binding upon the Panics hercur and upon their hdrs, soecessors, executors, adtltibobators and
assigns.
20. 'r ee Runt — Ihmty changes or alterations nro made. by { AAVN'I'to this Ageemsot or it f1m Agmcment is not moused by (UHN'I and delivered to
PYRO on or before the PRICE FIRM date shown below, then the price, dale, and scope of the Production aro subject to review and acceptance by PY1to for a
period of') 5 d» yi, following delivery to PYRO of the executed Agreement, ht the went it is mat tmecpted by PYRO, PYRO shell give CLIENT written notice., and
this Agnmmeet shall be Vold.
P12I(6: WRM through April :1, 2015
EXECII) IED AOREMIFNT MUST 131; . DELIVERED TO PYRO 13Y 'I I IN DA1 F
See PRICE FIRM conditions, paragraph 20, above
I:X GC 1 J 10) Its of lhc, dale first written above:
PYRO SPEC I'ACM AR.S, INC.
I(s: Ptcsidmn
,SIIOW PR0DUCE :12: Jco Marlin
PS v I 2
City M Lake Sdsioera
It's:
PrintNamc - .. --
Pyro Spectaculars, Inc. City or Lake Visimorc
P.O. Box 2329 Proytranl 11
Rialto, CA 92377 .hal,1 d, 2015
Tel: 404- 355 -8120 :: :: Pax: 90'9- 355 -9813 Paee d of 1
SCOPE Or WORK
PYRO SPECTACULARS, INC. ('TVRO ")
and
fitly of Lake EWrrore ("CLIENT")
Pyro shell provide the following goods and services to CLIENI':
• One Pyro Spechtcillers, Inc., Production out Jute 4, 201.5, at approximately 9:00 PM at Lake PAsinore Levee , Lake
Elsinore, CA.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product.
• Application for specific pyrotechnic permits relating, to the Production.
• Musical soundtrack for the Protuction supplied in agreed upon format.
• insurance covering the Production as set forth in the Agreemeutwith the following limits:
In,snrruree Rerntireeneuts Limits
Cofglmum<d General Liability S1,00o,00ttoo Combined Single Limit- Each Occurrence
(Bodily Injury &. Property Damage)
Business Auto Liability- SS,OOo,000.0o Combined Single Limit- Fach Qocurrcance
Ownul, Nun - Owned and Hired Autge. (Bodily Injury &. Property Damage)
Workers' Compensation Statutory
I o), c-1 Liability $1,000,000 Per Occurrence
CLIENT shall provide to PYRO the following goods and services:
• All on -site labor' costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union
rcquneinents, all Site security, Police and Wire Dept. standby personnel, stagehands, electricians, audio and fire control monitors,
carpenters, plumbers, cleao -up crew. All these additional personnel and services shall be rally insurod and the sole responsibility
of, CLI ENT.
• Coordination and any applicable non- pyrotechnic permitting with the local, state or federal government that may hold
audtority within the Production.
• Costs of all pernihs required for the presentation of the Production and the event as a whole.
• Provision of a Safety Lone in accordance with applicable standards and all requirements of the authorities havingjurisdiction
throughout the entire time that the pyrotechnics are at the Site or the load site (if different) oil the date of the Production and all
sch -up and load -out dates, including water security to keep unauthorized people, boats, eta from entering the Safety Zone.
A processional grade Audio System including all necessary equipment; installation of such equipment and trained audio
cngincom for operation based on audio and communications requirements provided by PYRO.
• General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster
accessibility, a smac office for PYRO personnel within lire venue, secure parking for PYRO vehicles, access to washrooms,
tents, equipment storage, haz-mat storage, electrical power, fire suppression equipment, access to worksites, necessery
credentialing, life., will be required as necessary.
I's v 1.2a