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HomeMy WebLinkAboutPyro Spectaculars North - 2015 AgreementCONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 Lang Avenue July 4, 2015 McClellan, CA 95652 Page 1 of 8 (909) 355 -8120 fax (909)355 -9813 FIREWORKS PRODUCTION AGREEMENT This agreement ( "Agreement ") is made this 9th_ day of _April , 2015 by and between _Pyro Spectaculars North, Inc._, a California corporation, hereinafter referred to as "Consultant ", and City of Gilroy, hereinafter referred to as "CITY ". CONSULTANT and CITY are sometimes referred to as "Party" or collectively as "Parties" herein. 1. Engagement — CITY hereby engages CONSULTANT to provide to CITY one fireworks production ( "Production "), and CONSULTANT accepts such engagement upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined 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. 1.1 CONSULTANT Duties — CONSULTANT shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for specific pyrotechnic permits, the cost of which, including standby fees, relating to the Production shall be paid by CITY. Insurance covering the Production and the other things to be performed as more specifically set forth in this Agreement and in the Scope of Work shall be paid by CONSULTANT. 1.2 CITY Duties — CITY shall provide to CONSULTANT 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 CONSULTANT's reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CITY, including, but not limited to, access, use, control, parking and general safety with respect to the public, CITY personnel and other contractors. 2. Time and Place — The Production shall take place on July 4, 2015, at approximately 9:30PM, at Ball Field - Gilroy High School, 10th and Princevalle Street, Gilroy, CA. 3. Fees, Interest, and Expenses — 3.1 Fee — CITY agrees to pay CONSULTANT a fee of $10,000.00_ for the Production. CITY shall pay to CONSULTANT $_5,000.00_ of the Fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated at $_00.00 for a total of $ 5,000.00_, as a deposit ( "Deposit ") upon the execution of this Agreement by both parties but no later than April 15, 2015. The remainder of the Fee shall be paid to CONSULTANT within 10 days after the Production and upon CONSULTANT's completion of take down and restoration of the Site. 3.2 Attorneys' Fees —If litigation arises out ofthis Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection with the litigation, including, but not limited to reasonable attorneys' fees. 4837 - 9520- 6168v1 MVAKHARIA104706083 CONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 Lang Avenue July 4, 2015 McClellan, CA 95652 Page 2 of 8 (909) 355 -8120 fax (909)355 -9813 3.3 Expenses — CONSULTANT shall pay all normal expenses directly related to the Production including freight, insurance, pyrotechnic products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as CONSULTANT's responsibility in the Scope of Work. CITY shall pay all costs related to the Production not supplied by CONSULTANT, which are enumerated as CITY's responsibility in this Agreement and Scope of Work. (See paragraph 1.2.) 4. Proprietary Rights — CONSULTANT represents and warrants that it owns all copyrights, including performance rights, to this Production, except that CONSULTANT does not own CITY -owned material or third- party -owned material that has been included in the Production, and as to such CITY -owned and third -party -owned material, CITY assumes full responsibility therefore. CITY agrees that CONSULTANT shall retain ownership of all copyrights and other rights to the Production, except that CONSULTANT shall not acquire or retain any ownership or other rights in or to CITY -owned material and third - party -owned material and shall not be responsible in any way for such material. If applicable, CITY consents to the use of CITY -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. CONSULTANT 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 CONSULTANT is prohibited. 5. Safe — CONSULTANT shall 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 the Production, it shall be within CONSULTANT'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 CONSULTANT for fireworks to fail or malfunction, or for CONSULTANT 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 CONSULTANT. 6. Security — CITY shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by CONSULTANT from entering an area to be designated by CONSULTANT as the area for the set -up and discharge of the Production, including a fallout area satisfactory to CONSULTANT where the pyrotechnics may safely rise and any debris may safely fall. CONSULTANT shall have no responsibility for monitoring or controlling CITY's other contractors, providers or volunteers, or areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production. 7. Clean-up — CONSULTANT shall be responsible for the removal of all equipment provided by CONSULTANT and clean -up of any used live pyrotechnic debris made necessary by the Production. 4837 - 9520- 6168v1 MVAKHARIA104706083 CONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 Lang Avenue July 4, 2015 McClellan, CA 95652 Page 3 of 8 (909) 355 -8120 fax (909)355 -9813 8. Permits — CONSULTANT agrees to apply for and acquire all legally required permits for the firing of pyrotechnics from agencies including but not limited to the Gilroy Fire Department, FAA, and USCG. CITY shall be responsible for any fees associated with these permits including standby fees. CITY 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 of Federal Government. 9. Insurance — CONSULTANT shall at all times during the performance of services herein ensure that the following insurance is maintained by CONSULTANT at its sole cost in connection with CONSULTANT's performance ofthis 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 CITY from any claims arising out of CONSULTANT's performance of this Agreement for bodily injury, including death, personal injury, and from claims of property damage, which may arise from CONSULTANT's performance of this Agreement. 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 CITY's negligence or willful misconduct or from failure of CITY to perform its obligations under this Agreement, coverage for which shall be provided by CITY. The coverage of these policies shall be subject to inspection by CITY. Certificates of Insurance evidencing the required general liability coverage shall be furnished to CITY prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CITY;. Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of CONSULTANT at the 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 — CONSULTANT represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, CONSULTANT shall indemnify, hold harmless, and defend CITY 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 CONSULTANT, their 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 Damages for Ordinary Breach — 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 CITY claims that CONSULTANT has breached this Agreement or was otherwise negligent in performing the Production provided for herein, CITY shall not be entitled to claim or recover monetary damages from CONSULTANT beyond the amount CITY has paid to 4837 - 9520- 6168v1 MVAKHARIA104706083 CONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 Lang Avenue July 4, 2015 McClellan, CA 95652 Page 4 of 8 (909) 355 -8120 fax (909)355 -9813 CONSULTANT under this Agreement, and shall not be entitled to claim or recover any consequential damages from CONSULTANT including, without limitation, damages for loss of income, business or profits. 12. Force Majeure — CITY agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of CONSULTANT which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which CITY has purchased the Production. If, for any such reason, CONSULTANT is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which CITY has purchased the Production be canceled as a result of such causes, CITY may (i) reschedule the Production and pay CONSULTANT such sums as provided in Paragraph 13, or (ii) cancel the Production and pay CONSULTANT such sums as provided in Paragraph 14, based upon when the Production is canceled. In no event shall CONSULTANT proceed with the Production unless CONSULTANT can conduct its obligations safely. 13. Rescheduling Of Event — If CITY elects to reschedule the Production, CONSULTANT 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. In no event shall the applicable fees expenses and exceed $ 2,500.00_. CITY and CONSULTANT 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 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 31" of the earlier year unless CONSULTANT agrees that such rescheduling will not adversely affect normal business operations during those periods. 14. Right to Cancel — CITY shall have the option to unilaterally cancel the Production prior to the scheduled time. If CITY exercises this option, CITY agrees to pay a termination fee which shall be calculated based on the following percentages ofthe 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 CITY cancels the Production, it will be impractical or extremely difficult to fix the actual amount of CONSULTANT'S damages. The foregoing represents a reasonable estimate of the damages CONSULTANT will suffer if CITY cancels the Production. 15. No Joint Venture — It is agreed that nothing in this Agreement or in CONSULTANT'S performance of the Production shall be construed as forming a partnership or joint venture between CITY and CONSULTANT. CONSULTANT shall be and is an independent contractor with CITY and not an employee of CITY. The Parties hereto shall be severally 4837- 9520 -61680 WAKHARIX04706083 CONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 Lang Avenue July 4, 2015 McClellan, CA 95652 Page 5 of 8 (909) 355 -8120 fax (909)355 -9813 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. Applicable Law — This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California. 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: CONSULTANT: CITY: Pyro Spectaculars North, Inc. City of Gilroy P.O. Box 2329 7351 Rosanna Street Rialto, CA 92377 Gilroy, CA 95020 18. Modification of Terms — All terms of the Agreement are contained herein 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. Effective Date — This Agreement shall become effective after it is executed by CONSULTANT and thereafter on the date it is executed and accepted by CITY. This Agreement may be executed in 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. Assignment — CONSULTANT may not assign this agreement or any right or obligation of this agreement, by operation of law or otherwise, without prior written consent of the CITY. CONSULTANT By: C)l k kr�e'§'R. Souza, Pr ident Its: Authorized Officer 4837 - 9520- 6168v1 MVAKHARIA104706083 Y F ILROY By: Z_�� Its: City Administrator Thomas J. Haglund CONSULTANT Pyro Spectaculars North, Inc. 5301 Lang Avenue McClellan, CA 95652 (909) 355 -8120 fax (909)355 -9813 Approved as to Form: Gilroy City Attorney's Office B: ty Attorney 4837 - 9520 -61680 MVAKHARIA104706083 CITY OF GILROY PROGRAM # B, Rev. 42 July 4, 2015 Page 6 of 8 ATTEST: CONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 Lang Avenue July 4, 2015 McClellan, CA 95652 Page 7 of 8 (909) 355 -8120 fax (909)355 -9813 SCOPE OF WORK CONSULTANT and CITY OF GILROY ( "CITY ") CONSULTANT shall provide the following goods and services to CITY: • One CONSULTANT, Production on July 4, 2015, at approximately 9:30PM at Ball Field - Gilroy High School, 10th and Princevalle Street, Gilroy, CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Application for specific pyrotechnic permits relating to the Production. • Insurance covering the Production as set forth in the Agreement with the following limits: Insurance Requirements Limits Commercial General Liability $5,000,000.00 Business Auto Liability- $5,000,000.00 Owned, Non -Owned and Hired Autos Workers' Compensation Statutory Employer Liability $1,000,000 Combined Single Limit — Each Occurrence (Bodily Injury & Property Damage) Combined Single Limit — Each Occurrence (Bodily Injury & Property :Damage) Per Occurrence CLIENT shall provide to CONSULTANT the following goods and services: • All on -site labor costs not necessary for the fireworks production itself and not provided or performed by CONSULTANT personnel including, but not limited to, all Site security, Police and Fire Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, and clean-up crew, except for the clean-up as set forth in Paragraph 7. 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 have authority over 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. • General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for CONSULTANT'S personnel within the venue, secure parking for CONSULTANT vehicles, access to washrooms, tents, equipment 4837- 9520.6168v1 MVAKHARIA104706083 CONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 Lang Avenue July 4, 2015 McClellan, CA 95652 Page 8 of 8 (909) 355 -8120 fax (909)355 -9813 storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary. 4837 - 9520 -61680 WAKHARIA104706083 �co CERTIFICATE OF LIABILITY INSURANCE ai6 1�o t °' ° °' " " " "' ��- 2015 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION iS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT . _NAME: Britton Gallagher PHONE One Cleveland Center, Floor 30 9, No. Extic 216 -658 - 7100 ! {Arc, N�1 :21 �G5$ -7101 1375 East 9th Street ADORcSS: Cleveland OH 44114 INSURERf81 AFFORDING COVERAGE NAIC p --' -- INSURER A: YdiPSLhdi elP_ itkjr,1,5 INSURED lwsuRERa- MaxumtndemnityGompany__ 26743 ....... _. Pyro Spectaculars (North Inc. INSURER C: 5301 Lang Ave INSURER D: McClellan Park CA 95652 – — — - INSURER E: INSURER F: _ COVERAGES CERTIFICATE NUMI3ER_ ,2ZAzlRnnn REVISinN NIIMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT- TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR I IMMOLICYEFF P MOLI Y�EXP TYPE OF INSURANCE NUMBER D/VVM IDOJVYY LTR LIMITS GENERAL LIABILITY X CCht V;ERCIAL GEiVEPAL LIABILITY _— _ i �- - -�i CLAIMS -:MADE i X OCCUP. ' � S18GLOO282 -151 /13/2015 1113/2016 i I � I EACH OCCURRENCE i 31,000,000 Or�.S;i.[c 1`�FfeDlt�� - -" -- " -- - - -" � 1>REbtI,E5 Ea oca:rreoc �S5GQ000 I MED =XI` (Anv one person) I PERSONAL 3 ADV'INJURY 51,000,000 t GENERAL AGGREGATE 52.000.000 _ _..I _— �_-- ,-_- -- -.. -- _ _ PRODUCTS - CONIP 10P AGG j $2,000,000 i GFN'L AGGREGATE LIMI F APPLIES PER: - -I 1 POLICY I^ I Pc, T I ( LOC I -- AUTOMOBILE LIABILITY S 111 GL= L If a -_� ANA Y AUTO I ALL UY" ED , SCHEDULED _ AUTOS .�; AUTOS I I I I NON-OWNED HIRED AUTOS 1 AUTOS � BUDfLY INJURY ( Raison) S BODILY IPIJUR`! {Per a,-,!dent)! a - PRCPERTY DAMAGE fPer acridn_nt UMBRELLA LIAB IX OCCUR I - �) ;EXC6017945 !1/13/2015 1/1312016 ! EACH OCCURRENCE I ;4,000.000 'X j EXCESS UA8 -_ l ClA1MSMA0E j1j AGGREGATE � 34,000,000 - i DIED ! RETEPITION 3 _ - j WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN-- ! ANY PROPRIETORIPARTNERJEXECUTIVE OFrICERIMEMDER EXCLUDED? ❑ j N 7A (Mandatory in NH) It If yes, describe under DESCRIPTION OF OPFRATIDt•Lg Oelnw ? I I I - - - - -- I V E.L. EACH, gCCI�,EN l I =.L. DISEASE - EA EMPLOYEE c ---- - - - - -- E.L. DISEASE- POLICY LIMIT i s DESCRIPTION OF OPERATIONS I. LOCATIONS I VEHICLES (Attach ACORD 1D1, Additional Remarks Schedule, If more space Is required) Certificate. Holder is named as an additional insured in regards to General Liability. Date of Display: July 4, 2015 Location of Display: Gilroy High School; Gilroy, CA Additional Insured: City of Gilroy, and Gilroy Unified School District, and Gilroy Unified School District Building Corporation, and their officers, agents and employees when acting in their official capacity as such. ter. �.ran�.c��tt 1 wn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy CA 95020 AUTHORIZED REPRESENTATIVE (9 19:35 -ZU1U ACUKU CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Pyro Spectaculars North Inc. POLICY NUMBER: S18GLOO282 -151 COMMERCIAL GENERAL LIABILITY ECG 20 592 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orpanization(s) I ANY PERSON OR LEGAL ENTITY IN WHICH YOU HAVE A WRITTEN CONTRACT, AGREEMENT, OR PERMIT WHICH REQUIRES THAT YOU NAME THE CONTRACTING PARTY AS AN ADDITIONAL INSURED. City of Gilroy 7351 Rosana Street Gilroy, CA 95020 The City of Gilroy, Gilroy Unified School District, Gilroy Unified School District Building Corporation and their officers, Agents and employees when acting in their official capacity as such. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section Il — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" but only to the extent caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the written agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. D. With respect to the insurance afforded to an addi- tional insured, the following additional exclusion applies: This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising in- jury" arising out of any act or omission of an addi- tional insured or any of its employees. ECG 20 592 05 09 Copyright, Everest Reinsurance Company 2009 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Site Map: City of Gilroy "his fenced in ball field, )utfield, needs to ie closed. (Maybe best o close entire field) ie 350' radius is the ,quired safety zone for ' shells which are the rgest shell fired in )ur display. rking and spectators allowed in this area. Revised 4/2/2015 I March 17, 2015 City of Gilroy Sandra Sammut 7351 Rosanna Street Gilroy, CA 95020 Dear Ms. Sammut, Pyro Spectaculars North, Inc. is happy to provide our pyrotechnic proposal for your July 4, 2015 event. The following proposal outlines your custom designed Program "A" for the amount of $10,800.00 and Program "B" for the amount of $10,000.00 respectively. The various fireworks elements provided are prepared to shoot from Gilroy High School for 20 minutes. Our full service program includes the services of a licensed pyrotechnic operator, specialized crew, 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 fee 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 and a copy of the Production Agreement prepared by the City of Gilroy for our 2014 display. Kindly prepare the same agreement with the information for the upcoming display of your choice and forward at least two copies to our office by April 17, 2015. If the agreements are sent without signature, they must be received in time that we may review, sign and return the agreement to you. Any variation from the previous agreement must be clearly highlighted. 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 Carina Herrera at (909) 355 -8120 ext. 239. Sincerely, P YRO SPECTACULARS NORTH, INC. taw 3 ifftT PYRO Show Producer JT /ch Enclosures Pyro Spectaculars, Inc. P.O. Box 6775 • Oakland, CA 94603 • Phone: (510) 397 -2055 • Fax: (510) 397 -2048 Proposal Outline Product Synopsis 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 Gilroy PROGRAM B -July 4, 2015 $10,000.00 Opening Description Quantity ♦ 3" Souza Designer Opening Salutes 5 Shots Total of Opening 5 Main Body - Aerial Shells Description Quantity ♦ 3" Souza Designer Selections 150 Shots ♦ 4" Souza Designer Selections 90 Shots ♦ 5" Souza Designer Selections 24 Shots Total of Main Body - Aerial Shells 264 Pyrotechnic Devices Description Quantity ♦ Sousa Sapphire Line Custom Multishot Device 100 Shots Total of Pyrotechnic Devices 100 Grand Finale Description Quantity ♦ 2.5" Souza Designer Bombardment Shells 72 ♦ 3" Souza Designer Bombardment Shells 75 ♦ 4" Souza Designer Bombardment Shells 30 Total of Grand Finale 177 Grand Total 546 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 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 FROM THE DESK OF 4""" 50CIA PRESIDENT AND CEO At the heart of every Pyro Spectaculars, Inc. show there is a f ive 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 f rom 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 f ireworks 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 f inest show possible at any price. You deserve the Tyro Spec Experience!" Thank you. We look forward to serving you... with Pride! ;44U4 R. Pico CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) llh.� [ 4/6/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Britton Gallagher PHONE FAx One Cleveland Center, Floor 30 &AQ -E =t *216 -Q58 71Qp {AIC, No}:216 -65$ 71.01 1375 East 9th Street ADDRESS: Cleveland OH 44114 INSURER(S) AFFORDING COVERAGE i NAIC a INSURER A: Yeaat.lcldeMityln;xutan --e Go. %0851._ INSURED INSURER B :M a XUtiadmody_CompaQy 26243_ P P Spectaculars North Inc. INSURER C: 5301 Lang Ave INSURER D: i McClellan Park CA 95652 COVERAGES CERTIFICATE NUMBER: o,4Ag1C.Rnn REVISION NUMBER- THIS IS-TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 1 "0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR i tTR. I TYPE OF INSURANCE ACCI IN UBR I POLICY NUMBER POLICY EFF MMIDIWYYY POLICY EXP MIDDIY LIMITS A 1GENERAL LIABILITY ^ I COMMERCIAL GENERAL LIABILITY �� CLAIMS -MADE FX OCCUR GEN'L AGGREGATE Ufd17 APPLIES PER: I I POLICY X PR07 n LOC S18GLOO282 -151 /13/2015 /13/2016 EACH OCCURRENCE $1,000.000 AUt 10 REN ThU PREMISES. Ea occvneMl_ MED EXP (Any one person ) $500.000 _ S PERSONAL 8 ADV INJURY _ $1,000,000 GENERAL AGGREGATE $2.000,000 PRODUCTS - COMPJOP AGG $2,000.000 _ $ 1 AUTOMOBILE RANY jj 1 LIABILITY AUTO ALL OWNED (((���jjj SCHEDULED AUTOS AUTOS HIRED AUTOS AUTOS ED SEa ccidenl) 5 BODILY INJURY (Per person) _ I S BODILY INJURY (Per accident) $ PROPER TY' DAMAGE (Peracddeni S $ B I'UM13RELLALIAS IX I! I I IX OCCUR EXCESS LIAS I CLAIMS -MADE EXC6017995 1/1312015 1113/2016 I EACH OCCURRENCE 54,000,000 AGGREGATE $4,000,000 [)ED I ( RETENTION $ $ WORKERS COMPENSATION IAND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIFARTNER /EXECUTIVE OFF ICER /MEMDER EXCLUDL= J (Mandatory in NH) ❑ If yyes, describe under DESCRIPTION OF OPERATIONS Wow N A f - I v'JC STATiJ- .= S9L�Y11.(1dI:TS� IER Ofti- E.L. EACH ACCIDF_NT i 5 E.L. DISEASE- EA EMPLOYEE; $ E.1 DISEASE - POLICY LIMIT ':- S DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate: Holder is named as an additional insured in regards to General Liability. Date of Display: July 4, 2015 Location of Display: Gilroy High School: Gilroy, CA Additional Insured: City of Gilroy, and Gilroy Unified School District, and Gilroy Unified School District Building Corporation, and their officers, agents and employees when acting in their official capacity as such. City of Gilroy 7351 Rosanna Street Gilroy CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved_ ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Pyro Spectaculars North Inc. POLICY NUMBER: S18GLOO282 -151 COMMERCIAL GENERAL LIABILITY ECG 20 592 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) ANY PERSON OR LEGAL ENTITY IN WHICH YOU HAVE A WRITTEN CONTRACT, AGREEMENT, OR PERMIT WHICH REQUIRES THAT YOU NAME THE CONTRACTING PARTY AS AN ADDITIONAL INSURED. City of Gilroy 7351 Rosana Street Gilroy, CA 95020 The City of Gilroy, Gilroy Unified School District, Gilroy Unified School District Building Corporation and their officers, Agents and employees when acting in their official capacity as such. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section Il — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" but only to the extent caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. C. The Limits of Insurance afforded to an additional insured shall be the lesser of the following: 1. The Limits of Insurance required by the written agreement between the parties; or 2. The Limits of Insurance provided by this Cov- erage Part. D. With respect to the insurance afforded to an addi- tional insured, the following additional exclusion applies: This insurance does not apply to 'bodily injury", "property damage" or "personal and advertising in- jury" arising out of any act or omission of an addi- tional insured or any of its employees. ECG 20 592 05 09 Copyright, Everest Reinsurance Company 2009 Page 1 of 1 ❑ Includes copyrighted material of Insurance Services Office, Inc., used with its permission. 1 �R ec40&0 Veen dr��n . 9 9� Site Map: City of Gilroy SPectatoc v-ie ,N%n9 6� I I * �ff ; �•.s Y� f �� � � f 4W This fenced in ball field, outfield, needs to be closed. (Maybe best qF"to close entire field) The 350' radius is the required safety zone for 5" shells which are the largest shell fired in your display. Parking and spectators ;fare allowed in this area. Revised 4/2/2015 CERTHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06 -08 -2015 CITY OF GILROY SO 7351 ROSANNA ST GILROY CA 95020 -6141 GROUP: POLICY NUMBER: 0804575 -2014 CERTIFICATE 10, 446 CERTIFICATE EXPIRES: 10 -14 -2015 10-14-2014/10 -14 -2015 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the. Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-14 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PYRO SPECTACULARS NORTH INC. SD 5301 LANG AVE MCCLELLAN CA 95652 M0408 (REV.7 -2014) PRINTED : 06 -09 -2015 SO