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CONTRACT 3484A CLOSED34 b 4A- , Office of the City Manager Elected officials: February 8, 2008 Kelly McDowell, Mayor Eric K. Busch, Mr. Michael Stednitz Mayor Pro Tem Jim Boulgarldes, Sales Manager Council Member Carl Jacobson, Fireworks & Stage FX America Council Member Bill Fisher, P.O. Box 488 Council Member Lakeside CA 92040 Cindy Mortesen, City Clerk Ralph Lanphere, City Treasurer Dear Mr. Stednitz, Appointed officials: I am writing to confirm that the City of El Segundo wishes to exercise the option Jeffrey L. Stewart, per Agreement #3484A to have Fireworks America provide our annual fireworks City Manager Mark D. Hensley, show on July 4, 2008. We have received your proposal for this year's show. City Attorney However, as you know from the past, the City of El Segundo will not sign your contract; the Agreement we have in place, which was signed by Joseph Bartolotta Department Directors: in May 2007, will be the document of record. Bill Crowe, Assistant City Manager Deborah Cullen, Finance Also, per Agreement #3484A Fireworks America agreed to provide $5M in Liability Robert Hyland, Human Resources insurance (copies of last year's certificates are attached). We will need the KeviFire Chief insurance certificates, along with the proper endorsements, before the City can Debra Brighton, Library Services prepare a purchase order for this year's show. Gary Chicots, Safetyngand Building If you should have any questions, please feel free to contact the Recreation and Safety David Cummings, Police Chief vacant, Parks Department at 310 - 524 -2700. Public Works Richard Brunette, Recreation BParks Sincerely www.elsegundo.org J ewart C' anager Attachments: Agreement #3484 Amendment #3484A Insurance Certificates 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2301 FAX (310) 322 -7137 Agreement #3484A FIRST AMENDMENT, TO AGREEMENT NO. 3484 BETWEEN THE CITY OF EL SEGUNDO AND FIREWORKS & STAGE FX AMERICA, INC. THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 2nd day of May 2007, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY'), and FIREWORKS & STAGE FX AMERICA, INC. a California Corporation ( "CONTRACTOR "). 1. Pursuant to Section 24 of Agreement No. 3484 ( "Agreement "), CONTRACTOR agrees to perform the additional services in attached Exhibit "A," which is incorporated by reference. 2. Compensation for these services are listed in attached Exhibit "A," which is incorporated by reference. 3. OPTIONS. Subject to the pricing adjustment set forth below. CITY and CONTRACTOR agree that CONTRACTOR will perform the same Services as set forth in this Agreement for July 4, 2008 and July 4, 2009. The terms and conditions set forth in this Agreement will apply to performances on this date except that CONTRACTOR may increase the cost of its services by not more than ten percent (10 %) for each subsequent performance, unless otherwise agreed by the parties through written amendment to this Agreement. CITY may exercise these options with written notification to CONTRACTOR at least ninety (90) days before July 1 of each year. 4. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 5. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3484 remain the same. [SIGNATURES ON NEXT PAGE] 64/03/2007 15:18 6199388273 MAR -26 -200? 20:15 C17Y OF EL SE5UNDO r l h t64UKK.j HI °1tK l JH r "IJL V J I u r 310 647 4223 P.04 Agreement #3484A IN M S F $$ WFIERE4I= the parties hereto have ex,,,uted this contract the day and year A'I"1'E5T: Cindy MorteS City Clerk e.ppROVED AS rnVm MARK D. By: 'l / /' _ _--- -- l H. Berger, Assi sta t City Attorney gg�_E'Wop,KS & STAGE FX ANIERICA, INC. A Jos h R. 4 Bartolotta, President Taxpayer ID No..�.3-l/'(00lo Z9.� tj U4/ U'v 1YUu l 10: " 4177J004 1 J 310 647 4223 MAR-26 -2087 20'.15 C I T`t OF EL SEGUI-D� 3t0 647 4223 P-03 nV-21"2W a2:26 CITY OF EL S`c'GMW City of E1 Sogwdb Exhibit A SNOW GoncePt, SeNi0= L St and Miscellaneous petdlls 1) Permit Famas as Required 1) A Stirtable Firing Site 2) Storage end Delivery of flrewarka 2) Adequate Security for Fib Site 3) All EquiiMert to produce the display 3) Sang & Send RemOVal, if rer:'d 4) insurance Aggregate amount of $5.000.000 Million 6) Workers CompsnnaWn Ins'"nee (Statute) 6) Permit & Rm ighter Fees as needed Fir+ Jerks America will provide the serviC9s display. The o f i er i e ow*w and everienced raw to firs your p ay covered under Fireworks America's Worker's Cornpsr�on Insurance. 60% Dopesit on, C;Onbmdt Execution, Balance Net 10 Days The display will be nand fired Manually TOTAL P.B3 04/03/2007 15: 18 MAR -?6 -200? 20:16 Mpa -21 -2807 0226 bjyjj3Hd'LtJ CITY OF EL SEGUNDO Y' 1KC4lIIJRY:� HIvIGK 1l�H 310 647 4223 3je 647 4223 CITY QF EL Cigy of E1 Sugvnd0 Avmrlcan Pride wealdng Comets & Tiger To" taro ram "lino , r 30 Total Ptopram Price lrtiatusl" at lr %mlce. operator and Pnpnium Aeriei Steens 3- 20 -V 14 cost UZOW MutWO Shot aombardrmnts 25 shut A 49 Shpt 4 Boa snot A 900 shot • 2 HILL u I I rJ P.06 TOTAL P.06 ftumA Color and [ufat,-Color Fart &.Shells /Aerial Titanium Flash Satin 2.3.' 200 3" m 200 Color and Mutti -Cnlar FnelO Shells d" 34 2R E1Cri8il Rash Salutes OMEN i00 Aerisl S cw Pie »M�ie» Aerial TltdLn Fib Sates 3" 10 Color and M Ldfl -Wor Aerial St>pus Gntnd Tof�ls Ila 40 40 6,.54 FOitier. glitter. EJec hk CoW and r e34 4 ?150 Color i:h$r>�»0� Total Aerial Shells 3' 60 low 4" 74 TOW Bombardment SheUs flistirtCdve and Urdque A9A91 Shells . 1 3~ 90 4" so wealdng Comets & Tiger To" taro ram "lino , r 30 Total Ptopram Price lrtiatusl" at lr %mlce. operator and Pnpnium Aeriei Steens 3- 20 -V 14 cost UZOW MutWO Shot aombardrmnts 25 shut A 49 Shpt 4 Boa snot A 900 shot • 2 HILL u I I rJ P.06 TOTAL P.06