Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
17-087 Pyro Spectaculars North, Inc., Fireworks for Fourth of July
PRODUCTION AGREEMENT (Specia l) ;;(t_ #J cy!t_od 01J rtlc_~o ;o11-~ 55Lf This agreeme nt ("Agreement") is m ade this S day of ,)U 11)-( , 20 17 by and between Pyro Spectaculars North , Inc., a Ca liforni a corporation , here in after referred to as ("PYRO"), and C ity ofCupe1tino, herein after referred to as ("CUENT "). PYRO and CLIENT are so metimes referred to as "Party " or collect ively as "Pa 1ti es" here in . I. Engagement -C LI ENT he reby engages PYRO to provid e to CLIENT o ne fireworks production ("Produc ti on"), an d PYRO accepts s uc h engagem ent upon a ll of th e promi ses, term s and conditi o ns hereinafter set forth. The Production s ha ll be s ub stanti a ll y as outlined in Program"!!", attached hereto a nd incorporated herein by this reference. I . I PYRO Duties -PYRO s hall prov ide a ll pyrotechnic eq uipme nt , trained p yrotec hni cians, s hipping, p y rotec hni c p rod ucts, a pplication for specifi c pyrotechnic permits (the cost of whi c h, in c luding standby fees, s ha ll be pa id by CLfEN T ) re latin g to th e Produc ti on, in s urance coverin g the Pro duction and the ot her thin gs on it s part to be performed as more s pecifi ca ll y set forth below in thi s Agreem en t a nd in th e Scope of Wo rk ("Scope of Work"), attached hereto , in corporated here in by thi s reference, a nd made a part o f thi s Agreement as though set fcJJth ful ly he rei n. 1.2 CLIENT Duties -C LI ENT s ha ll provide to PYRO a sui tabl e si te ("Site") for the Production, securit y for th e S ite as set forth in Paragraph 6 he re of, access to th e Site, a ny permission necessary to utili ze th e S ite for th e Production , a nd the other things on it s part to be perform ed as mo re s pec ific a ll y set fo rth be low in thi s Agreement and in th e Scope of Work . A ll Sit e a1rnngements are s ubj ect to PYRO 's reasonable approva l a s to pyrotechnic safety, s uitability, and sec urity. A ll ot her condit io ns of th e Site s hall be th e responsibility of C LIENT , in c luding, but not limited to, access, use, control, parking a nd genera l s afety w ith re s pe ct to th e public, C LI ENT personn e l and othe r contrac tors. 2. Time and Place -The Production s ha ll ta ke p lace on July 04, 2017 , at approx imate ly 9:30 p.m., at Hvde Middle School; 19325 Bollinger Rd. , Cupertino, CA, Site. 3 . Fees, Interest, and Expenses - 3 .1 Fee -CLIENT agrees to pay P YRO a fee of$30,000.00USD (THIRTY THOUSAND DOLLARS) ("Fee") for th e Product ion. C LI EN T s hall pay to PYRO $15,000.00 USD (FIFTEEN THOUSAND DOLLARS) of th e Fee plus estim ated perm it and sta ndby fees, specifi ed production costs, a nd other regulatory costs a pprox imated at $1,092.00 OR an amount to be determined, for a tota l of$16,092.00, as a de posit ("Deposit") upon th e executi o n of t hi s Agreem ent by both pa1ties but no later th an June 01 , 2017 .. The ba la nce of th e Fee sh al l be pa id no later than July 05, 2017. C LIENT a uthorizes P YRO to receive and veri fy credit and financial in fo rmation concerning C LIENT from a ny agency, person or entity in cl uding but not limited to c redit re po1 ti ng agenc ies . T he "PR ICE HRM" date, th e date by w hi c h th e executed Agreement must be delivered to Pyro, is set forth in paragra ph 20. 3.2 Interest -In the event th at th e Fee is no t p a id in a time ly man ner, C LI ENT w ill be respons ibl e for th e pay me nt of 1.5% int erest per month or 18% annua ll y on th e unpaid balance. If liti gation a ri ses o ut of this Agreement , th e prevailing party s ha ll be entitled to reasona bl e costs in c urred in connecti on w ith th e lit igatio n, including, but not limit ed to attorn eys ' fees. 3.3 Expenses -PYRO shall pa y all normal expenses directly re lated to the Production including freight , in suran ce as outlin ed , pyro techni c products, pyrotechnic eq uipment , ex pe rien ced pyrotechni c personn e l to set up and di scha rge th e p yro techni cs a nd tho se ad dition a l it e m s as outlined as PYRO 's responsibility in th e Scope of Work . C LIEN T s hall pay all costs re lated to th e Production not s upplied by PYRO including, but not limited to , those it e m s outlined as C LI ENT's res pons ibili ty in thi s Ag reeme nt and Sco pe of Work. 4 . Proprietary Rights -PYRO re presents a nd wa rrants that it owns all copyrights, including pe1forma nce ri g ht s , to thi s Production, except th at PYRO does not own C LIEN T-owned mate rial or third-party -owned m a teri a l that has been inc luded in th e Producti on , and as to s uc h CLIENT- owned and third-party-owned ma teri a l, C LI ENT assumes full respons ibility th erefore. C LIENT agrees that PYRO shall retain ownership ot; and a ll copyrights and other ri ghts to , the Production, except that PYRO shall not acquire or retain any ownership or other ri ght s in o r to C LIENT-owned mate ri a l and third-party-own ed material a nd shall not be re spons ible in any way for s uc h material. PYRO reserves th e ownership ri g ht s in it s trade names that are used in or are a product o f the Production . Any reproduc ti on by so und, vi d eo or other dupli ca tion or recordin g process w ithout the express writte n permi ssion of PYRO is prohibited. 5. Correction of Services -PYRO agrees to correct any in co mpl ete, in accurate or <l efecti ve Services a t no furth er cos ts to C LI ENT, w hen s uch detects are due to th e negli gence, errors o r omissions of PYRO. 6. Safety -PYRO and C LIENT shall each compl y with a pplic abl e federa l, state and loca l laws a nd regulati o ns a nd e mploy safety programs and measures consistent w ith recogni zed applicable indu s try s tandards and practices. A t a ll times before and during th e Produc tion , it shall be w ithin PYRO's sole di scretion to de te rmin e whe th er o r not th e Production may be safely discharged or continued . It s ha ll not consti tute a breach of thi s Agreement by PYRO for fir eworks to fail or malfunction, or fo r PYRO to determine that the Production cannot be di scha rged or continued as a res ult of a ny conditi o ns or c ircumstan ces affectin g safety beyo nd the reasonabl e co ntrol of PYRO. 7. Security -C LIENT sha ll pro vide ad equate sec urity pe rsonn e l, barri cades, and Poli ce Department services as may be necessary t o prec lude indi v idu a ls other th a n tho se authorized by PYRO from e nterin g an area to be des ignated by PYRO as th e area fo r th e set-up and di scha rge of th e Production , including a fa llout area satis fa ctory to PYRO w here the pyrotechnics m ay safely ri se and any debris may safely fall. PYRO s ha ll have no re s pons ibility for m o nitoring or controlling C LJE N T's oth er con tra c tors , providers or vo luntee rs; the public; a reas t o w hi ch th e public or contractors have acc ess; o r any other public or contrac tor facilities associated w ith th e Produc tion . 8. Cleanup -PYRO sha ll be res pons ibl e for th e remova l of a ll eq uipme nt prov ided by PYRO a nd clea n up of any live pyrotechnic de bri s made necessary by PYRO. C LIENT s hall be res pons ibl e fo r any oth er cl ean up w hi ch may be required of the Production or set-up , di scha rge and fallout areas including a ny env ironme nta l c lea n-up. Agreemen t for th e Pe rfo rm ance of Serv ice s i P ym S pectac ul ar No rth , ln c . Rev . 0 2 i 0 I /I 5 Page 3 9. Permits -PYRO agrees to apply for permits for the firin g of pyrotec hni cs on ly from th e SANTA CLARA COUNTY FIRE DEPARTMENT, FAA, and USCG , if required. C LIENT s ha ll be res ponsibl e for any fees a ssociated with th ese permits in cl udi ng s tandby fees. CLIENT shall be responsible for obtaining any othe r necessary permits, pay in g assoc iated fees , and making oth er app ropriat e a rrangement s for Poli ce De partments, other Fire De partments, road closures, event/ac ti vit y or la nd use permit s or any pe rmi ssion o r permit required b y any Lo ca l, Regional , State or Federal Gove rnm e nt. I 0. Insurance -PYRO s hall at a ll times durin g th e pe rformance of services herein ensure that th e following in s urance is mainta in ed in conn ec ti on w ith PYRO's pe rformance of thi s Agreement : (I ) comm erc ial general liability in s urance, including p roducts , comp leted o perat ions , and contractual liability under thi s Agree m ent; (2) automobile liabili ty in s urance, (3) workers ' comp ensation in s uran ce a nd employer li ab ility insurance. Such in s ura nc e is to prot ec t CLIENT from c laim s for bodil y inju ry, including dea th , personal injury, and from claims o f prope rty damage, whi ch may ari se from PYRO 's pe rfo rmance of thi s Ag reement, on ly. Th e types and amounts of coverage sha ll be as set forth in th e Scope o f Work. Such in s urance shall not include claims which a ri se from CLIENT's negli gence o r w ill fu l conduct or from fai lure o f CLIENT to perfo rm it s obligation s under thi s Agreement, coverage for w h ich s ha ll be prov ided by C LIE NT. The coverage of th ese policies s hall be subject to reasonabl e in spection by C LI ENT. Certificates of In s uranc e evidencing the required general li abilit y coverage shall be furnis hed to CLIENT prior to th e rend ering of services hereunder and s hall in c lu de th at th e following are na med as additiona ll y in sured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Perm itting Aut horiti es, w ith respect to th e o pe ration s ofPYRO at th e Produc tion. Pyrotechni c sub cont ractors or providers, if any, not covered under poli cies of in s uran ce required hereby, s hall secure, maintain and p rovide th e ir own insurance covera ge with res p ect to th e ir res pecti ve op eration s and servic es . 11 . Indemnification -PYRO represe nts a nd warrants that it is capable of furni shing th e necessary experience, personnel , eq uipm ent, mat erial s, providers, and ex p erti se to produce the Production in a safe and profess ion al mann er. Notwith standing anything in this Agre eme nt to the contrary, PYRO shall indemnify, ho ld harm le ss, a nd de fend C LIENT and th e additional in s ureds from and a ga in st a ny and a ll claims, action s, da mages, liabilities and ex penses , including but not limited to, attorney and other professional fees and court costs, in conn ection with th e loss of life, personal injury, and/or damage to property, aris in g from or out of th e Productio n and th e presentation th e reof to the ex te nt s uch are occasioned by any act or omission of PYRO, th e ir officers, agents, con tractors , providers, or employees. CLIENT shall ind emnify, ho ld ha rmless , and defend PYRO from and aga in s t any a nd al l cl a im s , actions, damages, liabili ty and expenses, in c ludin g but not limited to, attorney a nd oth er professiona l fees a nd court costs in connection with th e loss of life, personal inju ry, and/or dam age to property, arising from or o ut of the Production and the presentation th ereof to th e extent s uch are occas io ned by any act or om iss ion of C LI ENT, its officers, agents, contrac tors, providers, or empl oyees. In no event s ha ll either p arty be liab le for th e consequential da mages of th e other p arty. 12. Limitation of Damages for Ordin a ry Breach -Except in th e case of bod il y injury and property damage as provid ed in th e in s urance and indemnification provis ion s of Paragraphs 9 and I 0, above, in th e e vent C LI ENT c laim s that PYRO ha s breac hed thi s Agreeme nt or was oth e1w ise negligent in performing th e Production prov ided for here in , C LIENT s ha ll not be e ntitled to claim or recover m one ta ry damages from PYRO beyo nd the amount C LIENT has paid to PYRO under thi s Ag reeme nt , and sha ll not be entitled to c la im or recover any co nseque ntial damages from PYRO including, w ithout lim it a ti on, damages for loss of in co me, bu s in ess o r profits. 13. Force Mnjcurc -CLIE 1 T agree s to ass ume th e ri sks of weath er, strike, c ivi l unrest, terrori s m, military action , governmenta l action, and any other causes beyond th e contro l o f PYRO whi ch may preve nt the Produc ti on fr om being safely discharged on the sc h ed ul ed date, which ma y cause the cancellati on of any even t for which CLIENT ha s purchased th e Production , or whi c h may affect or da ma ge s uc h portion o f the ex hibits as mus t be placed and ex posed a necessa ry time before the Production. If, for any s uch reason, PYRO is not rea sona bl y a bl e to safely di sc harge th e Production on the sc heduled date , or a t th e sc hedul ed time, or s hould any event for wh ich CLIEN T has purchased the Production be canceled as a res ult of s uch causes, CLIENT may (i) reschedule th e Producti on a nd pay PYRO such s um s as prov ided in Paragrn ph 13, or (i i) cancel the Production and pay PYRO s uch s um s a s provided in Paragraph 14 , based up o n whe n the Produc tion is canceled. 14. Rescheduling Of Event -If C LI EN T e lects to reschedu le the Production , PYRO s hall be paid th e origina l Fee plu s a ll additional ex pe nses made necessary by re sc heduling plu s a 15% service fe e on s uch add itiona l ex pe nses. Said ex pen ses wi ll be in voic ed separately and payment wi ll be due in full w ithin 5 days of receipt. CUENT and PYRO shall ag ree upon the re scheduled dat e takin g int o cons ideration availabilit y of pe1111its , mat erials , eq uipmen t, transportation a nd labor. Th e Production sha ll be resc hedul ed for a d ate not more th an 90 Days s ub seq uen t to the dat e first set for th e Produc ti o n. The Production shall not be rescheduled to a dat e, or fo r an event , that historically has involved a firework s production . The Producti on sha ll no t be resc h eduled between Jun e 15th and July 15th unless the original dat e was Jul y 4th of that sa me yea r, or between December 15th and January 15th unl ess the orig in a l date wa s Decembe r 3 1st o f the earlier year un less PYRO agrees th a t s uch reschedulin g will not adversely affec t normal busi ness operations during those per iods. 15. Right To Cancel -C LIENT shall have the option to unilaterall y cancel the Production prior to th e schedul ed d ate . lf C LIENT exercises thi s option, C LIE NT agrees to pay to PYRO, as liquidated damages, the following percentages of th e Fee as set forth in Paragraph 3 .1. I) 50% if can cell ation occurs 30 to 90 d ays pri or to th e scheduled date , 2) 75% if cancellati o n occurs 15 to 29 days pri o r to the sc he duled date, 3) 100% th ere a ft er. In the event CLIENT ca nce ls th e Production, it will be impractical or extreme ly difficult to fix actual amo unt of PYRO 's damages. The for egoi ng represents a reasonabl e estimate of th e da mages PYRO w ill s uffe r if C LI EN T cancels th e Production . 16 . No Joint Venture -It is agreed, nothing in tl1i s Agreem ent or in PYRO 's performance of th e Produc ti on sha ll be con s tru ed as formin g a pa11nership or joint venture between CLIENT and PYRO. PYRO s hall be and is an independent contractor with C LIENT and not an emp lo yee of C LI EN T. Th e Parties hereto s ha ll be severall y re s ponsib le for th e ir own separate de bt s a nd obligations a nd ne ithe r Pa1ty s ha ll be he ld responsibl e for any agreements or obligations not expressly provided for herein. 17. No Assignment or Subcontracting of Agreement -C LI EN T and PY RO bind themse lves . th e ir s uccessors and ass ig ns to a ll covena nt s of thi s Agreeme nt. Thi s Agreement s hall not b e ass ig ned o r tran sferre d wi th o ut the prior wri tt e n approval of C LIENT. PYRO shall not hire s ubcontrac to rs wi tho u t ex press written permission from C LI ENT. Agreement for the Performance of Serv ice s ; P ym Spectacu lar No rth , lnc. R ev . 02 /0 l /I 5 P age 4 Pyro Spectaculars North, Inc . 5301 Lang Avenue McClellan, CA 95652 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Cupertino PROGRAMB July 04, 2017 Page 5 of4 18. Independent Contractor -PYRO a nd all p erson(s) emp lo yed by or contracted with PYRO to furnish labor and/or materials under this Agreem e nt arc indepe ndent contractors and do not act as agcnt(s) or cmp lo ycc(s) of CLIENT. PYRO has foll rights, ho wever, to mana ge it s e mpl oyees in their pe rformance of Services unde r this Agreement. PYRO is not authorized to bind CLIENT to any contracts or other obligations . 19. Use of City Name or Emblem_-PYRO shall not us e CLIENT'S name, insignia , or e mblem , or di stribute a ny infonnation re lat ed to services unde r thi s Agreement in any magazine, trade paper, newspaper or other medium without express written consent of CLIENT. 20. Applicable Law -This Agreement and the rights and obligations of th e Parties hereunder sha ll be constrned in accordance w ith the laws of Californ ia . It is further agreed that the ven ue of any su it filed by eit her Party shall be ves ted in the state courts of the County of Santa Clara, California, or if a ppropriate, in th e United States District Court, Northern District of California, San Jose, California .. In the event that the scope of the Production is reduced by authorities ha v ing jurisdiction or by either Party for sa fety concerns, the full dollar amounts outlined in thi s Agreement are enforceable. 21. Notices -Any Notice to the Parties permitted or required under this Agreement may be given by mailing s uch Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO-Pyro Spectaculars North, lnc ., P.O. Box 2329, Rialto, California, 92377 , or for overnight delivery to 3196 N . Locust Avenue, Rialto, California 92377. CLIENT Citv of Cupertino; Quinlan Center 10185 N. Stelling Rd. Cupertino. CA 95014 22 . Modification of Terms -Al l 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 w ritten Agreement and agree to be bound by sai d terms of written Agreement only. 23. Severabilitv-If there is more than one CLIENT, they s hall be jointly and severa ll y responsible to perform CLIENT's obligations unuer this Agreement. This Agreement s hall become effecti ve after it is execut ed 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 counterpart s, incluuing faxed and e mailed cop ies , 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. 24. Conflict of Interests -This Agreement does not prevent e ith er Pa1ty from enteri ng into simila r agreement with other pa1ties. To prevent a conflict of interest, PYRO certifies that to the best of its knowledge, no CLIENT officer, emp loy ee or auth orized representative has any financial interest in the business of PYRO and that no person assoc iated with C LIENT has any interest, direct or indirect, w hich could confli ct w ith th e faithful perfonnance of thi s Agreement. PYRO is familiar with the provisions of California Government Code Section 87 100 and following, and certifies that it does not know of any facts which woulu vio late these code provisions. PYRO will advise CLIENT if a confli c t arises . 25 . Price Firm -If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not execut ed by CLIENT and delivered to PYRO on or before the PRICE FIRM date s hown below, then the price, date, and scope of th e Production are subj ect 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 s hall g ive CLIENT w ritten notice, and this Agreement shall be vo id. PR1CE FIRM through June 01, 2017 EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE . See PRICE FIRM conditions, paragraph 20 , above. EXECUTED as of the date fir st written above: PYRO SPECTACULARS NORTH, lNC. City of Cupertino By ~~ Its · President ... By:~~ / 'I'> \ '1(('..... ,v,e., It s : ll Print Name SHOW PRODUCER: Pat Dyas IHf~rt -·. 1o· r 7 t:C~5~~,-d APP~~~STOFORM utvi ~ ~ Randolph Stevenson Hom · / City Attorney PN V 1-2 e ' Pyro Spectaculars North, Inc . 5301 Lang Avenue McClellan, CA 95652 Tel : 909 -355 -8120 :::: Fax: 909-355-9813 SCOPE OF WORK PYRO SPECTACULARS NORTH, INC. ("PYRO") and City of Cupertino ("CLIENT") Pyro s ha ll provide th e following goods and serv ices to CLIENT: City of Cupe rtino PROGRAMB Jul y 04, 2017 Page 6 of4 • One Pyro Spectaculars North, Inc., Production on July 04, 2017 , at approx imate ly 9:30 p.m. a t Hyde Middle School; 19325 Bollinger Rd., Cupertino, CA . • All pyro te c hnic e quipm ent, trained pyrotechnicians , shipping, and pyrotec hn ic product. • A pplication for specific pyrotechnic p ermits relating to the Production. • In s uranc e covering th e Production as se t forth in th e Agreement with th e following limits: Insurance Requirements Commerc ial General Liability Business Auto Li ab ility- Owned, Non-Owned and Hired Autos Workers' Compensation E mpl oye r Liability $5,000,000.00 $5 ,000,000.00 Statutory $1,000,000 CLIENT s ha ll prov id e to PYRO the following goods and serv ices: Comb in ed Single Limit-Eac h Occurrence (Bod il y Injury & Pro perty Da mage) Combine d Single Limit-Each Occurrence (Bod il y Injury & Property Damage) Per Occurrenc e • All on-s it e labo r costs , if a ny, not provided or performed by PYRO personnel in c luding, but no t limited to , , a ll Site sec urity , Police and Fire Dept. s tandb y personne l, c lean-up crew. All these additional p ersonn el and services sha ll be fully in smed and the so le responsibility of CLIENT. • Coordinatio n and any app li ca bl e non-pyrotechnic permitting with the loca l, sta te or fe d era l government that may hold authorit y wi thin th e Production. • Costs of a ll permits required for the presentation of the Production a nd the event as a w ho le. • P rov isi o n of a Safety Zone in acco rd ance w ith a ppli cab le sta nd ards and all re qu ire me nt s of the a uth ori ti es hav in g jurisdiction thr oughout the e ntire time that th e p yrotec hnics are at the Site o r the load s it e (if differe nt) on the date of the Production and a ll set- up and lo ad -out d ates , includin g wa te r sec urity to keep un a uthorize d peop le , boats, etc . from e nterin g the Safety Zo ne . • Ge neral Services including, but not limite d to, Site a nd audience security, fencing, adequate wo rk li g ht , dump ster access ibility , a secure office for PYRO perso nn e l w ithin the ve nu e, sec ure parking for PYRO vehicles, access to was hroom s, te nt s, equipme nt s tora ge, ha zmat storage, electrical power, fire suppress ion e quipme nt, access to works it es, necessary cre d entialing, etc ., will be required as necessary. PNV J-2 e I I I I I I ~ May 8, 2017 City of Cupertino Kelsey Hayes Quinlan Center 10185 N. Stelling Rd . Cupertino, CA 95014 Dear Ms. Hayes, Pyro Spectaculars North, Inc. is happy to provide our pyrotechnic proposal for your July 04, 2017 event. The following proposal outlines your custom designed Program "A" and "8" for the amount of $30,000 . The various fireworks elements provided are prepared to shoot from Hyde Middle School for 20 minutes. Our full service program includes the services of a licensed pyrotechnic operator, specialized crew, an electronic firing system, and safety equipment used for support and protection. The price also includes insurance coverage, sales tax and delivery. To help ensure public safety, we work directly with the local fire authority while we apply for all the necessary fire department and other fireworks related permits. Our winning combination of products, people and production capabilities help produce the safest fireworks entertainment package possible. Your organization will be responsible for payment of all Fire Department permit fees and/or standby firemen fees, if any. The Fire Department may bill you directly for any additional standby fees for inspections. Your organization will also be responsible for providing the display location and all necessary security for the display site. Enclosed you will find a Product Synopsis, Production Agreements for signature and Scope of Work Please have one copy of the fully executed agreement for the display of your choice returned to our office by June 01, 2017 along with your deposit and applicable fire department fees. 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 Marco Montenegro at (909) 355-8120 ext. 239. Sincerely, PYRO SPECTACULARS NORTH, INC. PYRO Show Producer PD/ctr Enclosures Pyro Spectaculars North, Inc. 5301 Lang Ave . • McClella n . CA 95652 • Phone : (916) 640 -017 3 • Fa x: (916) 640 -0 174 Opening Product Synopsis • Pyrotechnic Proposal City of Cupertino PROGRAM A-July 04, 2017 $30,000.00 Description Quantity • 3" Souza Designer Opening Salutes 30 Total of Opening 30 Main Body -Aerial Shells Description Quantity + 3" Souza Designer Selections 650 Total of Main Body -Aerial Shells 650 Grand Finale Description Quantity + 3" Souza Designer Bombardment Shells 300 Total of Grand Finale 300 Grand Total 980 Opening Product Synopsis • Pyrotechnic Proposa l City of Cupertino PROGRAM B-July 04, 2017 $30,000sOO Description Quantity + 3" Souza Designer Opening Salutes 60 Total of Opening 60 Main Body · Aerial Shells Description Quantity + 3" Souza Designer Selections 800 Total of Main Body -Aerial Shells 800 Grand Finale Description Quantity + 3" Souza Designer Bombardment Shells 300 Total of Grand Finale 300 Grand Total 1,160 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) L __.,. 5/31/2017 THIS CERTIFICATE IS ISSUED AS A MA TIER 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 NAMe~"' Britton Gallagher rtgN,;o Exti:216-658-7100 I FAX (AJC No):216-658-7101 One Cleveland Center, Floor 30 E-MAIL 1375 East 9th Street ADDRESS : Cleveland OH 44114 INSURER (S) AFFORDING COVERAGE NAIC# INSURER A :Eve rest lndemnitv Insurance Co . H0851 INSURED INSURER B :Maxum lndemnitv Comnanv ~674 3 Pyro Spectaculars North Inc . INSURER C: 5301 Lang Ave INSURER D: McClellan Park CA 95652 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1711063295 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLI C IES OF INSURANCE LISTED BELOW HAV E BEEN ISSUED TO THE INSURED NA MED ABO V E FOR THE POLI CY PERIOD INDICATED . NOTWITHSTANDING AN Y REQUIREMENT, TERM OR CONDITIO N OF ANY CONTRA CT OR OTHER DOCU MENT WITH RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFO RDED BY THE POLIC IES DES C RIBED HE REIN IS SUBJECT TO ALL THE TERMS, EXC LUSIONS AND C ONDITIONS OF SU C H POLICIES . LI MITS SH OWN MAY HAVE BEEN REDUCED BY PAID CLAI MS. INSR ADDL SUBR ,;~)-Jg~l (~~~Jg~ LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER LIMITS A GENERAL LIABILITY S l8G L0 0282-171 1/13/201 7 1/13/20 18 EACH OCCURR ENC E $1,000,000 -X COMMERC IAL GENERAL LI AB ILI TY DAMAG E TO RENTED PREMIS ES !Ea occurrence) $500 ,000 I CLA IMS-MA DE ~ OCC UR MED EXP (A ny one pe rson) $ PERSONA L & ADV INJURY $1,00 0,0 00 ,_____ GENERA L AGGREGATE $2 ,000,000 -GEN 'L AGGREGATE LI MIT APPLIE S PE R: PRODUC TS -COM P/O P AGG $2,000,000 I rxl PRO-POLI CY JEC T nLOC $ AUTOMOBILE LIABILITY (E'i:'~~111s c:u1tNGU : LI M I I cident $ - ANY AUTO BO DILY IN JURY (Per person) $ ~ ALL OWN ED -SCH EDU LED AU TOS AUTOS BOD ILY INJURY (Pe r accident) $ >---NO N-OW NE D PROPERTY DAMAG E HI RED AUTOS AU TOS /Per accident\ s c--- $ B UMBRELLA LIAB H OCCUR EXC601 799 5 1/13/20 17 1/13/20 18 EACH OCCURR ENC E $4,000,000 - X EXCESS LIAB CLA IMS-MADE AGGR EGAT E $4,00 0,00 0 OED I I RETEN TI ON $ $ WORKERS COMPENSATION I WC STATU -I jOT H- AND EMPLOYERS' LIABILITY TORY LI MIT S ER Y/N ANY PR OPRIETOR/P ARTN ER/EXECUTIVE D N/A E.L. EAC H ACC IDE NT $ OFFI CER/M EMBER EXC LU DED ? -- (Mandatory in NH) E.L. DISEAS E -EA EMPLOY EE $ If yes, describe under DE SCR IPTI ON OF OPE RATI ONS be low E.L. DISEAS E -POLI CY LI MIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101 , Add itional Remark s Sch edu le, if more space is require d) Certificate Holder is named as an additional insured in regards to General Liability. Additional Insured e xtension of coverage is provided by above referenced General Liability poli cy where requ ired by written agreement. Date of Display: July 4 , 2017 Location of Display: Hyde Middle School, Cupertino , CA Additional Insured : City of Cupertino, Hyde Middle School, Santa Clara County Fire Department, Cupertino Union High School District , County of Santa Clara , and their officers , agents and employees when acting in the ir official capacity as such. CERTIFICATE HOLDER I City of Cupertino Quinlan Center 10185 N . Stelling Road Cupertino CA 9501 4 AC ORD 2 5 (2 010/0 5) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT ION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIO NS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION . All rights reserved. Th e A C ORD name and logo are regist ere d marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) L _./ 6/1/2017 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 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 ~~ME~"' Britton Gallagher rl)gN:o Exti:216-658-7100 I FAX (A/C Nol:216-658-7101 One Cleveland Center, Floor 30 E-MAIL 1375 East 9th Street ADDRESS: Cleveland OH 44114 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A :Everest National Insurance Comnanv 10120 INSURED INSURER B :Maxum lndemnitv Comoanv t26743 Pyro Spectaculars North, Inc. INSURER C: 5301 Lang Ave. INSURER D: McClellan Park CA 95652 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 2004956543 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 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. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYYl (MM/DD/YYYYl GENERAL LIABILITY EACH OCCURRENCE $ -DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ -D CLAIMS-MADE D OCCUR -MED EXP (Any one person) $ PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1 nPRO-POLICY JECT nLOC $ A AUTOMOBILE LIABILITY Sl8CA00031-171 -1/13/2017 1/13/2018 <E'it~~~\~i'~~tNliLt:: L11v11 I $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED PROPERTY DA MAG E X HIRED AUTOS X AUTOS /Per accident\ $ --$ B UMBRELLA LtAB H OCCUR EXC60 17995 111 3/201 7 1/13/2 018 EACH OCCURRENCE $4 ,000,000 - X EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION I WC STATU-I JOTH- AND EMPLOYERS' LIABILITY TORYIIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXC LUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLO YEE $ If yes, describe under E.l. DISEASE -POLI CY LI MIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101 , Additional Remarks Schedule , if more space is required) Certificate Holder is Named as an additional insured . Date of Display: July 4, 2017 Location of Display : Hyde Middle School , Cupertino, CA Additional Insured : City of Cupertino, Hyde Middle School, Santa Clara County Fire Department, Cupertino Union High School District, County of Santa Clara, and their officers , agents and employees when acting in their official capacity as such. CERTIFICATE HOLDER I City of Cupertino Quinlan Center 10185 N. Stelling Road Cupertino CA 95014 ACORD 25 (2010/05) CANCELLATION 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. The ACORD name and logo are registered marks of ACORD POLICYHOLDER COPY STATE COMPE;NSATION INS.UAANCE; P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-01-2017 CITY OF CUPERTINO 10185 N STELLING RD CUPERTINO CA 95014-5732 SP GROUP : POLICY NUMBER: 0804575-2016 CERTIFICATE ID: 642 CERTIFICATE EX PIRES: 10-14-2017 10-14-2016/10-14-2017 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE# 641 DATED 06-01-2017 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form apprdved by the California Insurance Commissioner to the employer named below for the policy per iod 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, e x tend 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, e x clusions, and conditions, of such policy. ~ti q IL-x!l~ Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2017-06-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CUPERTINO 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. 5301 LANG AVE MCCLELLAN CA 95652 (REV .7 -2014) SP PRINTED [P13,SD] 06-01-2017 SP POLICYHOLDER COPY STATE COMPENSATION INSUAANCE P.O. BOX 8192, PLEASANTON, CA 94588 FUND ISSUE DATE: 04-05-2017 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE GROUP: SANTA CLARA COUNTY FIRE DEPARTMENT 70 W HEDDING ST SAN JOSE CA 95110-1705 SP POLICY NUMBER: 0804575-2016 CERTIFICATE ID : 612 CERTIFICATE EX PIRES: 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 apprdved 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, e xtend 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, e xc lusions , and conditions, of su·ch policy. ~tlq IL-.4~ 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. 5301 LANG AVE MCCLELLAN CA 95652 '.REV.7 ·2014) SP PRINTED [P13 ,S0] 04-05-2017 SP