HomeMy WebLinkAbout0010_2_Exhibit A - Proposali
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PYRO
SPECTACULARS
Pyrotechnic Proposal for
City of Lake Elsinore
July 04, 2016
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May 20, 2016
City of Lake Elsinore
Mellisa Houtz
130 South Main St.
Lake Elsinore, CA 92330
Dear Ms. Houtz,
Pyro Spectaculars, Inc. is happy to provide our pyrotechnic proposal for your
July 04, 2016 event. The following proposal outlines your custom designed Program
"B" for the amount of 50,000.00. The various fireworks elements provided are
prepared to shoot from Lake Elsinore Levee for approximately 30 minutes.
Our full service program includes music production and choreography, the services
of 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 also 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 the fully executed agreement of your
choice returned to our office by June 6, 2016 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 Maria Barajas at (909) 355-8120 ext. 231.
Sincerely,
P Yfl, Q SPECTACU IPS,
Aani
Sales ager
JM/je
Enclosures
Pyro Spectaculars, Inc.
P.O. Box 2329 ■ Rialto, CA 92377 • Phone: (909) 355-8120 or (888) 477-PYRO 9 Fax: (909) 355-9813
Proposal Outline
Product Synopsis
Choreography and the Sky ConcertTM
The World of Pyro Spectaculars, Inc. at your Service
Commitment from the President
Production Agreement and Scope of Work
Product Synopsis a Pyrotechnic Proposal
City of Lake Elsinore
PROGRAM B —July 64, 2616
$50.9000.00
Opening
Description
♦ 3" Souza Designer Opening Salutes
Total of Opening
Main Body - Aerial Shells
Description
♦
4" Souza Designer Selections
♦
5" Souza Designer Selections
♦
6" Souza Designer Selections
♦
8" Souza Designer Selections
♦
10" Souza Designer Selections
Total of Main Body - Aerial Shells
Pyrotechnic Devices
Description
♦ Sousa Diamond Line Custom Multishot Device
♦ Double Rising White Pearl Cascade UFO
♦ UFO 2 Raise Gold Diamond
♦ Sousa Emerald Line Custom Multishot Device
Total of Pyrotechnic Devices
Grand Finale
Description
♦ 3" Souza Designer Bombardment Shells
♦ 4" Souza Designer Bombardment Shells
♦ 5" Souza Designer Bombardment Shells
♦ 6" Souza Designer Bombardment Shells
Total of Grand Finale
Grand Total
E fiBm
7
1: • S A
Quantity
25 Shots
25
Quantity
236 Shots
114 Shots
105 Shots
19 Shots
6 Shots
M
Quantity
156 Shots
5
5
190 Shots
0
195
90
18
6
309
1,170
Choreography the PYRO WAY
What is a Sky ConcertTM?
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 score. This is
our famed Sky ConcertTM.
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 4th 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 ConcertTM.
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 Concerti"".
The World of Pyro Spectaculars at your Service!
Explosive Entertainment
For all types of events
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
Products & Effects
Sky ConcertsTm
SOUSAI'm 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
FROM THE DESK OF
J"," S0U3A
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 f ireworks show.
I am personally committed to ensuring that our
local experience of excellence for over one hundred
years will give you the f inest show possible at any pric
You deserve the Tyro Spec Experience!"
Thank you. We look forward to serving you... with Prid
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
PRODUCTION AGREEMENT
City of Lake Elsinore
Program B
July 04, 2016
Page 1 of 4
This agreement ("Agreement") is made this day of ,2016 by and between Pyro Spectaculars, Inc., a California
corporation, hereinafter referred to as ("PYRO"), and CITY OF LAKE ELSINORE, hereinafter referred to as ("CLIENT").. PYRO and CLIENT are sometimes
referred to as "Party" or collectively as "Parties" herein.
1. EnFseement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement
upon all of the promises, terms and conditions hereinafter set forth, The Production shall be substantially as outlined in Program "B", attached hereto and
incorporated herein by this reference.
1.1 PYRO Duties — PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for
specific pyrotechnic permits ([he cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the
Production and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of
Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set forth fully herein.
1.2 CLIENT fttit8 — CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph
6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more
specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to
pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access,
use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
2. Time and Place- The Production shall take place on July04, 2016, at approximately 9•.00PM, at Lake Elsinore Levee , Lakc Elsinore, CA, Site.
3. Fees, InIeres 1, anti Expenses -
3.1 Fee - CLIENT agrees to pay PYRO a fee of $50,000.00 USD (FIFTY TH47_VS&ND_DOLLAR_$) ("Fee") for the Production. CLIENT
shall pay to PYRO $25,000,00 USD CIAVE:NTY FIVE THOUSAND DULI,ARS) of the Fee plus estimated permit and standby fees, specified production costs,
and other regulatory costs approximated at. 00.00 , for a total of $25,000.00, as a deposit ("Deposit") upon the execution of this Agreement by both parties but no
later than June 06, 2016, The balance of the Fee shall be paid no later than July 05, 2016.,CLIENT authorizes PYRO to receive and verify credit and financial
information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by
which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.
3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month
or 18% annually on (lie unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection
with the litigation, including, but not limited to attorneys' fees.
3.3 Expenses- PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic
products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's
responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items
outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Pronrietn" Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO
does not own CLIENT -owned material or third -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party -
owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the
Production, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT -owned material and third -party -owned material and shall
not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will obtain
any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production, PYRO reserves the
ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process
without the express written permission of PYRO is prohibited.
5. Safety - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures
consistent with recognized applicable industry standards and practices. At all times before and during [he Production, it shall be within PYRO's sole discretion to
determine whether or not the Production may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail
or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety
beyond the reasonable control of PYRO.
6. Security - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals
other than those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-up and discharge of the Production, including a
fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
controlling CLIENT's other contractors, providers or volunteers, the public; areas to which the public or contractors have access; or any other public or contractor
facilities associated with the Production.
7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary
by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any
environmental clean-up.
PS V 1-2e
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Lake Elsinore
Program B
July 04, 2016
Page 2 of 4
8. Permil$ - PYRO agrees to apply for permits for the firing of pyrotechnics only from the LAKE ELSINORE FIRE PROTECTION PLANNING,
FAA, and USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for
obtaining any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road
Closures, event/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.
9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with
PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this
Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from
claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement,
only. The types and amounts of coverage shall be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's
negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of these policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage
shall be famished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT;
Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at time Production.. Pyrotechnic subcontractors
or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their
respective operations and services.
10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers,
and expertise to produce time Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify,
hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities 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 Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or
employees. CLIENT shall indemnify, hold harmless, and defend PYRO 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 Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors,
providers, or employees, In no event shall either party be liable for the consequential damages of the other party.
11. Limitation of Damsees for Ordinary Breaelt -Except in the case of bodily injury and property damage as provided in the insurance and
indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in
performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has
paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages
for loss of income, business or profits,
12. Fo- CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other
causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of
any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a
necessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge time Production on the scheduled date, or at the
scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the
Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based
upon when the Production is canceled.
13. Rescheduling Of Event - if CLIENT elects to reschedule the Production, PYRO 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 5
days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation
and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be
rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July
15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier
year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14. Riehl To Cnneel —CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date. If CLIENT exercises this option,
CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee as set forth in Paragraph 3.1.. 1) 50% if cancellation occurs 30 to 90
days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafter. in the event CLIENT cancels the
Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages
PYRO will suffer if CLIENT cancels the Production,
15. NoJuinf Ventaire - It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or
joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto
shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not
expressly provided for herein.
16. Annflrable I.nw - This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California,
It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of
the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are
enforceable,
17, Notices - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail,
postage prepaid, first class. addressed as follows: PYRO — Pyro Spectaculars, Inc.. P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.
Locust Avenue. Rialto. California 92377. CLIENT —City of lake lasinorc: 130 South Mah0t. Lttkr_Elsinore. CA 92330.
PS V I -2e
Pyro Spectaculars, Inc. City of Lake Elsinore
P.O. Box 2329 Program B
Rialto, CA 92377 July 04, 2016
Tel: 909-355-8120:::: Fax: 909-355-9813 Page 3 of 4
18. Modification of Terms — All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both
Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
19. Severabilily —If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this
Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO at PYRO's
offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an
original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and
assigns.
20. Price Firm — If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to
PYRO on or before the PRICE FIRM date shown below, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a
period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and
this Agreement shall be void.
PRICE FIRM through June 6, 2016
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS, INC.
CITY OF LAKE ELSINORE
By:.
IN) J141
By:
Its: President
SHOW PRODUCER: JEFF MARTIN
PS V 1-2e
Its:
Print Name
Pyro Spectaculars, Inc. City of Lake Elsinore
P.O. Box 2329 Program B
Rialto, CA 92377 July 04, 2016
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 4 of 4
SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
CITY OF LAKE ELSINORE ("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
• One Pyro Spectaculars, Inc., Production on July 04, 2016, at approximately 9:00PM at lake Elsinore Levee, Lake
Elsinore: CA.
■ All pyrotechnic equipment, trained pyro technicians, shipping, and pyrotechnic product.
■ Application for specific pyrotechnic permits relating to the Production.
• Musical soundtrack for the Production supplied in agreed upon format.
• Insurance covering the Production as set forth in the Agreement with the following limits:
Insurance Reauiremeutr Limits
Commercial General Liabilit $5,000,000.00 Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Business Auto Liability- $5,000,000.00 Combined Single Limit- Each Occurrence
Owned, Non -Owned and Hired Autos (Bodily Injury & Property Damage)
Workers' Compensation Statutory
Employer 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
requirements, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors,
carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility
of CLIENT.
■ Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold
authority within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole.
• Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction
throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all
set-up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone.
• A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio
engineers 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 secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms,
tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary
credentialing, etc., will be required as necessary.
PS V 1-2e