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Home My WebLink AboutPyro Spectaculars - 2017 AgreementCONSULTANT Pyro Spectaculars North, Inc. 5301 Lang Avenue McClellan, CA 95652 (909) 355 -8120 fax (909)355 -9813 CITY OF GILROY PROGRAM # B, Rev. #2 July 4, 2017 and 2018 and 2019 Page 1 of 8 FIREWORKS PRODUCTION AGREEMENT This agreement ( "Agreement ") is made this I" day of March 2017 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 Julv 4. 2017, 2018 and 2019 at approximately 9:30PM, at Ball Field - Gilroy High School, 10th and Princevalle.Street, Gilroy, CA or Fees. Interest, and Expenses — 3.1 Fee —CITY agrees to pay CONSULTANT a fee of $10,000.00 for the 2017 Production. CITY shall pay to CONSULTANT S_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 3, 2017. 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. 4837= 952SF61680 WAKMARIA104706083 /e CONSULTANT Pyro Spectaculars North, Inc. 5301 Lang Avenue McClellan, CA 95652 (909) 355 -8120 fax (909)355 -9813 CITY OF GILROY PROGRAM # B, Rev. #2 July 4, 2011 and 2018 and 2019 Page 2 of 8 Year Consultant Fee Deposit Deposit Due Date Balance Due(7 /14) 2018' $10,750.00 $5,375.00 April 2, 2018 *$5,375.00 2019 $10,750.00 $5,375.00 April 1, 2019 *$5,375.00 3.2 Attorneys' Fees —If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection the litigation, including, but not limited to reasonable attorneys' fees. 3.3 Expenses — CONSULTANT shall pay 411 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. Safety — 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 4837 - 9520- 6168v1 MVAKHARIA\04706083 yr �. CONSULTANT Pyro Spectaculars North, Inc. 5301 Lang Avenue McClellan, CA 95652 (909) 355 -8120 fax(909)355 -9813 CITY OF GILROY PROGRAM # B, Rev. #2 July 4, 2017 and 2018 and 2019 Page 3 of 8 pyrotechnics may safely rise and any debris may safely fall. CONSULTANT shall have no responsibility for monitoring or controlling CITTs 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. 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 perfonmance 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 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 fiimishing 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 4837.9520.61680 WAKHARIM04706083 CY(f CONSULTANT Pyro Spectaculars North, Inc. 5301 Lang Avenue McClellan, CA 95652 (909) 355 -8120 fax (909)355 -9813 CITY OF GILROY PROGRAM # B, Rev. #2 July 4, 2017 and 2018 and 2019 Page 4 of 8 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 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 151/o 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 15`' and July 15`h unless the original date was July 4th of that same year, or between December 15`h and January 15`h 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 of 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 4837- 9520.6168v1 MVAKHARLA104706083 yv/ CONSULTANT Pyro Spectaculars North, Inc. 5301 Lang Avenue McClellan, CA 95652 (909) 355 -8120 fax (909)355 -9813 CITY OF GILROY PROGRAM # B, Rev. #2 July 4, 2017 and 2018 and 2019 Page 5 of 8 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 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 Part ies 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 terns 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. 4837- 9520.6168v1 MVAKHARIA104706083 �yy CONSULTANT Pyro Spectaculars North, Inc. 5301 Lang Avenue McClellan, CA 95652 (909) 355 -5120 fax (909)355 -9813 CITY OF GILROY PROGRAM # B, Rev. #2 July 4, 2017 and 2018 and 2019 Page 6 of 8 CONSULTANT CITY OF GILROY Its: President Qfl -y - . Its: Recr ion Director James R. Souza Approved as to Form: Gilroy City Attorney's Office By: City Attorney 4937- 9520.6168v1 MVAKHARIA104706063 Maria DeLeon ATTEST: �l,(a CONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 'Lang Avenue July 4, 2017 and 2018 and 2019 McClellan, CA 95652 Page 7 of 8 (909) 355 -8120 fax(909)355 -9813 SCOPE OF WORK CONSULTANT and CITY OF GILROY (6'CTTY ") CONSULTANT shall provide the following goods and services to CITY: One CONSULTANT, Production on July 4, 2017, at approximately 9:30PM at Ball Field - Gilroy High School,l0`h 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 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 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 frilly 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&1680 MVAKHARIAX04706083 CONSULTANT CITY OF GILROY Pyro Spectaculars North, Inc. PROGRAM # B, Rev. #2 5301 Lang Avenue July 4, 2017 and 2018 and 2019 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- 6168v1. WAKHARIM04706083 CERTIFICATE OF LIABILITY INSlJMNCE DATEIMMIDD;YYYY) �--�� 2/2'7/2017 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 poiicy(I") must tie 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 tigfits to the Certificate holder in lieu of such endorsement(s). !land Center. Floor 30 9th Street OH 44114 INSURED Pyro Spectaculars North Inc. 5301 Lang Ave McClellan Park CA 95652 I 1 INSURER F: I I COVERAGES CERTIFICATE NUMBER: 01 i rmat ai R mnu ur Ilunva. 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR -LTR I I. TYPE OF WSURANCE. ADDL fNSR U I POLICY NUMBER POLICY OFF I M/DOIYYYY POLICY EXP MID . LIMITS GCE14ERAL LIABILITY ^ ( COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Q OCCUR I SIB131.002B2471 1/13/2017 111312018 EACH OCCURRENCE E 1 O RANI ED PREPmSES_{Ea atiaurerleel MED EXP IMV Me person) $1.000.000 5500,000 _ S PER8ONAL&ADVINJURY $1,000,000 _ GENERAL AGGREGATE _ 52,000,000 GEWL AGGREGATE LIMIT APPLIES PER: I POLICY I^ I 'O_ �' LOC JECT ` PRODUCTS - COMP /OP AGG 52,000.000 ( I I i $ AUTOMOBILE I I LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED HIRED AUTOS AUTOS i I I I ! I I I I I I tEs aecigerd BODILY INJURY (Per person) BODILY INJURY (Per accident) PIiOPERTYDAMAGE {Per aoc dent) 5 . $ -- -- S 5 s B j IX I UMBRELLA LOB i^ X OCCUR EXCESS CLAIMS-MADE EXC8017995 1/13/2017 I 13!2018 I EACH OCCURRENCE IS4 ,000,000 54,000,Q00 I DIED I I RETENTION 3 -AGGREGATE--- —.� s I ANO EMPIO YEMRPS�L.W IIUTf ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? I (Mandatory In NH) j N I A, I I I I I I �N1C- STATU- �oTM- I- �ORY_LM1ITS_1_ NeR_I E l EACH ACCIDENT I L__._._.. �[A_ i ----- - - -- -- $ E L DISEASE - EA EMPLOYE F.1 -- $ i It yypess descObe under DES�RIPTiON OF OPERATIONS belaw I I E L DISEASE - POLICY LIMITS _ -- II I I I I 1 - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES .(Attach ACORD 101, Additional Remarks Schedule, It more space Is required) Certificate Holder is named as an additional insured In regards to General Liability, Additional Insured extension of coverage is provided by above referenced General Uability policy where required by written agreement. Date of Display: Jury 4, 2017 Location of Display: Gilroy High School; Gilroy, CA Additional Insured: City of Gilroy, Gilroy Unified School District, Gilroy Unified School District Building Corporation, Gilroy Fire Department and their officers, agents and employees when acting in their official capacity as such. City of Gilroy 7351 Rosanna Street Gilroy CA 95020 v Vr.LI9,IV1\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY P-ROVI IRONS. AUTHORIZED REPRESENTATNE 0'1988 -2010 ACORD CORPORATION. All riahts resarvPA ACORD 25 (2010105) 1 The ACORD name and logo are registered marks of ACORD CERTHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -27 -2017 CITY OF GILROY SP 7351,ROSANNA ST GILROY CA SS020 -6141 GROUP: POLICY NUMBER: 0804575 -2016 CERTIFICATE ID: 595 CERTIFICATE EXPIRES: 10 -14 -2017 10 -14- 2016/10- 14-2017 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. SP 5301 LANG AVE MCCLELLAN CA 95652 M0408 IRE V.7.2014! PRINTED : 02 -28 -2017 SP Pyro Spectaculars North Inc. POLICY NUMBER: S18GL00282 -171 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 O anization 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. Sectlon II — Who Is An Insured is amended to C. 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: D. 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. 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. 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 C3 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. AC40 °� > CERTIFICATE OF LIABILITY INSURANCE 2/27/2017 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 poilcy(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 endomemen s . PRODUCER N A NAME: Britton Gallagher PHONE No.Eai):?,16Sz58 -7100 aJ_No�:Z.16�6$6= 7�_0� -- One Cleveland Center, Floor 30 NAIL 1375 East 9th Street A RESS: Cleveland OH 44114 INSIIRER(s) AFFORDING COVERAGE NAICa INSURED Pyro Spectaculars North, Inc. 5301 Lang Ave. McClellan Park CA 95652 COVERAGES CERTIFICATE NUMBER: REVISION NUM9ERf THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR I TYPE OF INSURANCE JAD IN WVD ! POLICY NUA$BErt I POLICY EFF MPIO O LIMITS -- GENERAL LIABILITY COMMERCIAL GENERAL LIABILITYA�6NJED CLAIMS -MADE E] OCCUR _ !1 ! EACH OCCURRENCE _)'REMISES_ {Ea veau�ce) MED EXP (Any one person) S $ $ PERSONAL 8 AOV INJURY S _ GENERAL AGGREGATE $. GEML AGGREGATE LIMIT APPLIES PER: POLICY F-1 PRO r -. I� LOC PRODUCTS.- COMPIOP AGG S $ AUTOMOBILE 4X x LIABILITY ALL OWNED i SCHEDULED AUTOS AUTOS HIRED AUTOS. i,X I A 0 QED 1(—jl I S18CA00031 -171 I 1/13/2017 1/13/2016 Me a Cidera) _$1,000,000 BOOBY INJURY (Per person) S BODILY INJURY Per sradanl (per �) ! $- (PerPPaccidentl GE - -- - -- i— Ie B IX UMBRELLA LIAe X OCCUR EX�CES�SSLUU! � CLAIMS -MADE EXC6017995 1/13/2017 1/13 /2018 � EACH OCCURRENCE 1AGGREGATE $4,000.000 $4,000,000 DEO I RETENTION S WORKERS YERS' LIABILITY COMPENSATION AND EMPLOYERS' LIABILI ANY PROPRIETOP%PARTN TY ER/DCECUTIVE YIN OFFICER/M -EMBER EXCLUDED? (Mandatcry In NH) II yes describe under DESCRIPTION.OF OPERATIONS below N I A 1 I i Tocy11MITS_L 1 ER_ E L. EACH ACCIDENT S -- E L DISEASE - EA EMPLOYEE - -- $ E L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additkmal Remarks'Schadule, If more space Is required) Date of Display: July 4, 2017 Location of Display: Gilroy High School; Gilroy, CA Additional Insured: City of Gilroy,. Gilroy Unified School District, Gilroy Unified School District Building Corporation, Gilroy Fire Department 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 0 198 &2010 ACORD CORPORATION AR rlr h# .era. A ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -27 -2017 CITY OF GILROY SP 7351 ROSANNA ST GILROY CA 85020 -6141 GROUP. POLICY NUMBER: 0804375 -2016 CERTIFICATE 10: 583 CERTIFICATE EXPIRES: 10 -14 -2017 10-14- 2016/10 -14 -2017 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. SP 5301 LANG AVE MCCLELLAN CA 85652 [P13,SDJ SREV.7 -20141 PRINTED 02 -27 -2017 February 13, 2017 City of Gilroy Judy Janisch 7351 Rosanna St Gilroy, CA 95020 Dear Ms. Janisch, Pyro Spectaculars North, Inc. Is happy to provide our pyrotechnic proposal foryour July 4, 2017 Independence Day event The following proposal outlines your custom designed Program "A" for the amount of $10,000.00. 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 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 Are 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 displaysite. Enclosed you will find a Product Synopsis and a copy of the 2016 Production Agreement prepared by the City of Gilroy. Kindly prepare the same agreement with the 'Information for the upcoming' display. Any variation from the previous agreement must be clearly highlighted. -I have also attached a two (2) year Term Addendum locking in the prices for your 2018 and 2019 events. 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 Melonee Mares at (909) 355 -8120 ext 228. Sincerely, SPECTACULARS NORTH, INC. Pat Dyas PYRO Show Producer PD /mm Enclosures Pyro Spectaculars North, Inc. P.O. Box 6775 a Oakland. CA 94603 Phone: (5101397 -2055 • Fax: 1510) 397 -2048 Product Synopsis a Pyrotechnic Proposal City ®f Gilroy PROGRAM A - July 4, 2017 $10,000.0.0 Opening Description Quanti 2.5" Souza Designer Opening Salutes 5 Main Body - Aerial Shells Total of Opening 5 Description. Quanta 3" Souza Designer Selections 150 0 4" Souza Designer Selections 90 ® 5" Souza Designer Selections 18 Total of Main Body - Aerial Shells 258 Grand Finale Description Quanta 4 2.5" Souza Designer Bombardment Shells 72 ® 3" Souza Designer Bombardment Shells 50 0 40 Souza Designer Bombardment Shells 30 Total of Grand Finale 152 Grand Total 415 Vh�e'as , 1Z <U 4 ` I } t i Term Addendum to Display Agreement The following agreements, covenants, conditions and promises are hereby added to and incorporated in that certain Display Agreement between City of Gilroy ( "Purchaser "), and Pyro Spectaculars, Inc. ( "Pyro"), in connection with the Fireworks Show Production at Gilroy High Schoof on July 4, 2017. If any provision of this Term Addendum shall conflict with any other provision contained in the Display Agreement, the provisions of this Term Addendum shall prevail. In consideration of Pyro having heretofore made an adjustment to its regular pricing structure, which is more favorable to Purchaser, in connection with the fireworks show to be performed on July 4, 2017, Purchaser hereby agrees to purchase not less than two additional fireworks shows, one to be performed on or before July 4, 2018, and one to be performed on or before July 4, 2019. The two later shows shall be of the same type, size and duration, and shall be performed at the same location, as the first show. The prices of the July 4, 2018 and My 2019 shall be $10,750.60'M (TIE:N'I1- 16VSAND k-VEN FR9bhE' D A l''Y bOLLAi M each, and all other terms and conditions shall also be the same as the immediately preceding show, except that products may be adjusted to reflect the unavailability of products, changes in the laws or regulations applicable to such shows or products, and/or material changes in other conditions including without limitation importation, shipping and transportation costs. Dated: PYRO SPECTACULARS NORTH, INC. Z By lA RCHASM Signature Name Title city ofcflcoy Term Addendum Special 2018 &2019 PURCHASING SUMMARY FORM This form is utilized to record three (3) price quotations for items or services under $100,000 and for Sole Source, emergency purchase, or non - procurement of lowest quoted price explanations. This form is to be attached to the Purchase Requisition and forwarded to Purchasing. Purchasing Coordinator will obtain City Administator approval when purchase is over $50,000. Make sure you have the proper approval before a standard agreement is circulated/executed- REQUISITION OR PURCHASE ORDER NUMBER ITEM DESCRIPTION: City Fireworks Display PRICE QUOTATIONS VENDOR NAME Pyro Spectaculars North Inc. DATE CONTACTED 01/17/17 ADDRESS 5301 Lang Ave TELEPHONE 808- 866 -7411 INDIVIDUAL CONTACTED Pat Dyas PRICE QUOTED $ 10,000.00 PRICE GOOD TO 2017 REMARKS Company has included a proposal for the 2017, 2018 amd 2019 CITY BUSINESS LICENSE # VENDOR NAME Fireworks America & Stage FX DATE CONTACTED 01/17/17 ADDRESS P.O. Box 488 Lakeside, CA 92040 TELEPHONE 619 -938 -8277 INDIVIDUAL CONTACTED Jeff PRICE QUOTED PRICE GOOD TO REMARKS Company never returned an e-mail. or phone calls CITY BUSINESS LICENSE # VENDOR NAME DATE CONTACTED ADDRESS TELEPHONE INDIVIDUAL CONTACTED PRICE QUOTED PRICE GOOD TO REMARKS CITY BUSINESS LICENSE # Is product Environmentally Preferable Purchasing Policy (EPP) compliant? YES_ NO If yes, explain: EXPLANATION (FOR SOLE SOURCE, EMERGENCY, OR NON - PROCUREMENT OF LOWEST QUOTED PRICE) Since the City was unable to secure bids from multiple prospective vendors, staff recommends accepting the submitted bid from Pyro Spectacular. (The City's Purchasing Coordinator has given staff permission to accept one proposal) The three -year bid from Pyro Spectacular not only is within budget and provides all of the requirements staff has put forth, but the company has successfully provided a fireworks show in the past for the City. Pyro's proposal is for $10,000 in 2017 and $10,750 in 2017 and 2018 Prepared by: Judy Mireles- Janisch DATE 02124/17 Approved by: DATE DEPARTMENT HEAD APPROVAL FOR PURCHASES BETWEEN 51,000 -S50,000 Approved by: DATE CITY ADMINISTRATOR APPROVAL FOR PURCHASES ABOVE,S50,000 G:1C,ITYINFOIFORMS\PURCHSG \Purchasing Summary Fonn (3 Quotes).xls Term Addendum to Display Agreement 7'ha following agreements, covenants, conditions and promhos are hereby added to and incorporated In that eortain Display Agreement between City of Gilroy CTurehasee ), and Pyro Spectaculars, Inc. ("Pyro"), In connection with the Fireworks Show Production at Gilroy Blgh School on July 4, 2017. If any provision of this Term Addendum shall oonfllot with any other provision contulned in the Display Agreement, the provision of this Term Addendum shall provail. In ewtslderatlon of Pyro having heretofore made an adjustmeut to Its regular pricing structure, which is more favorable to Purchaser, In connection with the fireworks show to be performed on July 4, 2617, purchaser hereby agrees to purchase not less than two additional fireworks shows, one to be performed on or before July 4, 2018, and ono to be performed on or before July 4, 2019. The two later shows shall be of tho same type, slw and duration, and shalt be performed at the same location, as tho first show. The prices of the July 4, 2018 and July 2019 ahall be $06,750.60 XY31) (tFLN 1206ANND 8'= )Mbhk5 1qM hOT,i AL% each, and all other terms and conditions shall also be the same as the hnmodlately pros a ingshow, except that products ,may be Ousted to reflect -the unavallablllty of products, changes in the iawa or regulations applicable to such shows or produots, and/or materlal changes in other conditions including without limitation importation, shipphig and transportation casts, Dated;' PYRO SPECTACULARS NORTH, INC, Z By P ttC:194St;R 1 i City urailmy Torn! Adilmiduni 3peekil 2D18 a 2019