HomeMy WebLinkAboutPYRO SPECTACULARS, INC. (8)N-2019-158A
Pyro Spectaculars, Inc.
P.O. Box 2329
�j Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
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PR012j1U_GTI0N AGREEMENT
City of Santa Ana
Program A Addition
October 27, 2019
Page 1 of 4
This agreement ("Agreement") is made this day bf _JUft6j4betwccn Pyro Spectaculars, Inc., a California
corporation, hereinafter referred to as ("PYRO"), and City of Santa Ana, hereinafter referred to as ("CLIENT"). PYRO and CLIENT arc sometimes referred to as
"Pony" or collectively as "Ponies' herein.
I. Eneageratcol - CLIENT hereby engages PYRO to provide to CLIENT one 6rewm'ks production ("Production"), and PYRO accepts such engagement
upon all of the promises, tenor and conditions hereinafter act forth. The Production shall be substantially as outlined in Program "A Athillion', attached hereto
and incorporated herein by this reference.
1.1 PYRO Duties - PYRO shall provide all pyrotechnic equipment, trained pymtechnicians, shipping, pymtmhnic products, application for
specific pyrotechnic permits (tire cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the
Production and the other things on its pan to be performed as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of
Work"), attached hereto, incorporated herein by this reference, and made a part alibis Agreement as though set forth fully herein.
1.2 CLIENT Duties -CLIENT shall provide to PYRO a suitable site ("Site") for the Production, security for the Site as set forth in Paragraph
6 hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its pan to be performed as more
specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to
pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access,
use, control, parking and general safely with reepeet to the public, CLIENT personnel and other contractors.
2. Time and Place -The Production shall take place on Oetober 21.2019, at approximately 9:00 an, at Centennial Regional Park Athletic Field, East
end or nark, 3062 W. Edinger Ave. Santo Ami, CA, Sim:
3. Fee., ntemst. and Expenses -
3.h Fee - CLIENT agrees to pay PYRO a fee of S5.000.00 LSD (FIVE THOUSAND DOLLAILS) ('Pee") for the Production. CLIENT shall
pay to PYRO S2500.00 LSD (TWO THOUSAND FIVE HUNDRED DOLLARS) of the Fee plus estimated permit and standby fees, specified production
costs, and other regulatory costs approximated at S 00.00 OR an amount to be determined, fora total of $2,500.00, as a deposit ("Deposit") upon the execution
of this Agreement by both parties but no later than October 22, 2019. The balance of the Fee shall be paid no later than October 28, 20I9. CLIENT authorizes
PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting
agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pym, is set forth in paragraph 20.
3.2 Interest -In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month
or 1 g%annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection
with the litigation, including, but not limited to attorneys' fees.
3.3 Extuamses- PYRO shell pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic
products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's
responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items
outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Pmurietnry Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except drat PYRO
does not own CLIENT -owned material or third -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party -
owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the
Production, except that PYRO shall not acquire or retain any ownership m other rights in or to CLIENT -owned material and third -pony -owned material and shall
not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will obtain
any permission from appmpriale third parties sufficient to authorize public exhalation of any such material in connection with this Production. PYRO reserves the
ownership rights in its trade names that are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording pmcess
without the express written permission of PYRO is pmhibiled.
5. Safer - PYRO and CLIENT sholl each comply with applicable federal, state and local laws and regulations and employ sorely programs and measures
consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sole discretion to
determine whellncr or not the Pmduclion maybe safely discharged or continued. It shall not constilme a breach of this Agreement by PYRO for fomoaks to fail
or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances aRecling safely
beyond the reasmmble control of PYRO.
6 Seeurltc -CLIENT shall provide adequate security personnel, boricadcs, and Police Depanmen services as may be necessary to preclude individuals
other than those authorized by PYRO from entering an am to be designated by PYRO as t e area for the sel-up and discharge of the Production, including a
Fallout area satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall PYRO shall have no responsibility for monitoring ar
controlling CLIENT-s other contractors, providers or volunteers; the public; arras to which the public or contractors have access: or any Other public orcoomictor
facilities associated with the Pmduclion.
7. Chaum - PY RO shall be responsible for the removal of all equipment pmvided by PYRO and clean up of any live pyrotechnic debris made necessary
by PYRO CLIENT shall be responsible for nny other clean up which may be requhed orthe Production or set-up, discharge and fallout areas including any
envimnnacmal clrnn-up.
PS V I-2c
Pyro Spectaculars, Inc.
P.O, fox 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355.9813
City of Santa Ana
Program A Addition
October 27, 2019
Page 2 of 4
B. Pe • r s - PYRO Agrees to apply I'orpennits for the firing of pyrotechnics only from the ORANGE COUNTY FIRE AUTHORITY, FAA, and
USCG, if required. CLIENT shall be responsible for any fees associated with these permits including standby fees, CLIENT shall be responsible forobodning
any other necessary permits, paying associated fees, and making other opproprinte anrrngernc us far Police Departments, other Fire Departments, road closures,
evenUactivily or land use permits or any permission or pontiff required by any Local, Regional, State or Federal Government.
9. Innormoro - PYRO shall at All times during (ha performance orservices herein ensure that ilia following insurance Is maintained in connection with
PYRO's performance of this Agreaneav (p commercial general liability insurance, Including products, completed operations, and conhactual liability under this
Agreement; (2) automobile liability insurance, (3) warkers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from
claims for bodily injury, including death, personal injury, and from claims of property damage, which may amine tram PYRO's performance of this Agreement,
only. The types and amounts of coverage shall be as set forth in time Scope of Work. Such Insurance shall not Include claims which raise from CLIENT's
negligence or willful courtlier art from failure of CLIENT to perform its obligations tinder this Agreement, coverage for which shall be provided by CLIENT
The coverage of these policies shall be subjectto reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage
shall be furnished to CLIENT prior to the rendering of services hereunder and shall include (lint the following are named as additionally insured; CLIENT;
Sponsors, Landowners, Bru'ge Owners, If any; and Permitting Authorities, with respect to ilia operations of PYRO at tine Production. Pyrotcchniasubcontmctors
or providers, irony, not covered under polities of insurance required hortry, shall secure, maintain and provide their own insurance coverage with respect to their
respective operations and services.
10. indemnification - PYRO represents and watmnts that it is capable of famishing 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, PYRO shall indennily,
hold hanniem, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not
limited to, attorney and other professional fees and court costs, in cornocdoa with the loss of life, personal injury, and/or damage to property, arising froin or out
of the Production and the presentation thereof to the extent small are occasioned by any act or mission of PYRO, their omcets, agents, contractors, providers, or
employees. CLIENT shall indenri*, hold harmless, and defend PYRO aom and against any And all claims, actions, damages, liability and expenses, including
but not Ihnited to, attorney and other professional fees and court coats in connection with the loss of life, personal injury, and/or damage to property, arising ram
or out of the Production and the prmination thereof to tiro extent such are occasioned by any act or omission of CLIENT, its officers, agents, contractors,
plviders, or employees. In no event shall either party be liable for ilia consequential damagca of Ilia other patty.
It. Llmttn(Iou or Dominion for Ordbiary Breach( -Except in the ease of bodily injury and property damage as provided in tire insurance and
indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENTclaim% that PYRO has breached this Agreement or was otherwise negligent in
performing ilia Production provided for herein, CLIENT shall not be entitledl to claim or recover monetary damages @our PYRO beyond the amount CLIENT has
paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damage,%
for loss of income, business or profits.
12. Force ataieuro -CLIENT Agrees to assume Ore risks ofwenlhe, strike, civil unrest, terrorism, military action, governmental action, and any other
causes beyond (he control of PYRO which may prevent the Production herniating safely discimrged on the scheduled date, which may cause the, cancellation of
any event for which CLIENT has purchased the Production, or which may offect or damage such portion of (he exhibits ns nest ba placed and exposed a
necessary time before the Production. It, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the
scheduled (line, or should any event for which CLIENT tips pumhosed the Production be canceled as a result of such causes, CLIENT Amy (i) reschedule the
Production and pay PYRO such sums as provided in Paragraph 13, or (if) cancel the Production and pay PYRO such stuns as provided in Paragraph 14, basal
upon when (he Production is canceled.
13. Rescheduling Of Event -If CLIENT elects to reschedule (lie Production, PYRO shall be paid the original Fee plus all additional expenses made
necessary by rescheduling plus a 15°%service fee on such additional expenses. Said expenses will be invoiced separately and payment will bedue in full within 5
days of receipt. CLIENT and PYRO shall agree upon Lire eschedaled date Inking into consideration availability ofpenuits, materials, equipment, transportation
nod labor. The Production shall be rescheduled for a dale not more than 90 Days subsequent to the date first set for the Production. The Production shall not be
rescheduled to a data, or for an even(, flint historically has involved a fireworks production. The Production shall not be rescheduled between June Bill and kdy
15th unless ilia original date was July 4lh of that same year, or between December Mir and January 15th unless the original dale was December 3Ist of the earlier
your unless PYRO agrees that such rescheduling will not adversely Affect neural business operations during those periods.
14. Right To Cereal —CLIENT shall have the option to unilaremily cancel One Production Prior to the scheduled date. If CLIENTexercises this option,
CLIENT agrees to pay to PYRO, as liquidated damages, ilia following percentages of the Fee asset forth in Paragraph 3.1. 1) 50%if coneellalion occurs 30 to 90
days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the sclwduled date, 3) 100%thereafter. fit the even( CLIENT cancels the
Production, it will be impractical or ex(remely difficult to fix actual n rorutl ofPYRO's damages. The foiegoing represents a reasonable estimate of tiro damages
PYRO will suffer if CLIENTcancels the Production.
15. NaJolatVailtur - II is Agreed, nothing in tlds Agmemeni fir in PYRO's perfanupnce ol'Ihe Production shall bur construed as fanning A partnership m'
joint venture between CLIENT and PYRO. PYROshall bound is an independent contrecmr with CLIENT and not an employee ofCLIENT. The Paties horcto
shall be severally responsible for their own separate debts nil obligations and neither Pliny shall be held responsible for any agreements or obligations not
expressly provided for herein.
16 Applicghlo LAW - This Agreement and the riglas And obligations ofthe Parties hereunder shall be consumed in accordance with the laws of Caldbmie
It is father Agreed that the Central Judicial District orSan Bernardino County, California, shall be proper venue for any such action. In the event (list (he scope of
the Production is reduced by authorities Irving jurisdiction orby either Party farsn(ely concerns, the full dollor omoums outlined in this Agreement are
enforceable.
17. Notices - Any Notice to Ore Patties pertained or required under this Agmmen may be given by moiling such Notice in the United States hail,
postage prepaid, fist class, addressed as follows: PYRO — Pyro Speclnculms, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.
Locust Avenue, Rialto, California 92377. CLIENT—Qfy.nChmEy A1A4"(ijvc_CMfor p104k,.Stainn.N4 CA 9170L
PS V 1.2e
N-2019-158A
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Santa Ana
Program A Addition
October 27, 2019
Page 3 of
18. Modification of Terms —All teens of the Agreement arc in writing and may only be modified by written agreement of both Panics herclo. Both
Parties acknowledge they have received a copy of said written Agreement and agree lobe bound by said terms of written Agreement only.
19. Scvcrnbi liv — If there is more than one CLIENT, they sholl be jointly and severally responsible to perl'onn CLIENT's obligations under this
Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and alter it is executed and accepted by PYRO at PYRO's
offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed copies, each one of which shall be deemed an
original against the Pony executing some. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and
assigns.
20. Prlee Firm— If any changes oraltemlions are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to
PYRO on or before the PRICE FIRM date shown below, then the price, dale, and scope of the Production are subject to review and acceptance by PYRO for a
period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and
this Agreement shall be void.
PRICE FIRM through October 22, 2019
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS. INC.
� t
By:
Its: President
SHOW PRODUCER: Brendan Mc Kenney
Approved to Form
Sonia R. Carvalho
City Attorney
Lisa Slorck
Assistant City Attorney
PS V L2c
City of Santa Ana
BY:
Irs; City Manager
Kristine Ridge
Print Name
ATTEST
r
Daisy
Clerk of the Council
RECON INIENDED FOR APPROVAL
c„ /\
� a.1 a
Steven Mendoza
Executive Director,
Community Development Agency
Pyro Spectaculars, Inc. City of Santa Ana
P.O, Box 2329 Program A Addition
Malta, CA 92377 October 27, 2019
Tel: 909-355-8120 :::: Pax: 909.355-9813 Page 4 of 4
SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
City of Santa Ana ("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
• One Pyro Spectaculars, Inc., Production on October 27, 2019, at approximately 9:00 run at Centonnial Regional Pork
Athletic Field, East end of pork, 3062 W. Edinger Ave, Santa Ana. CA.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product.
• Application for specific pyrotechnic permits relating to the Production.
• Musical soundtrack for the Production supplied in agreed upon format
• Insurance covering the Production as set forth in the Agreement with the following limits:
lrlxly:ynce.Remdremente
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
O 0ed. Non -Owned and Hired A
(Bodily Injury & Property Damage)
Workers_,Cou_ ipyantin{1
Statutory
BmnlovmL—abili
$1,000,000
Per Occurrence
CLIENT shall provide to PYRO the following goods and services:
• All on -site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union
requirements, all Site security, Police and Fire Depc standby personnel, stagehands, electricians, audio and fire control monitors,
carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility
of CLIENT.
• Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold
authority within the Production.
• Costs of oil permits required for the presentation of the Production and the event as a whole.
• Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction
throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all
set-up and load -out dates, including water security to keep unauthorized people, boats, etc, from entering the Safety Zone.
• A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio
engineers for operation based on audio and communications requirements provided by PYRO.
General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster
accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms,
tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary
credentialing, etc., will be required as necessary
PS v 1-->r
Product Synopsis • Pyrotechnic Proposal
City of Santa Ana
PROGRAM A Addition — October 27, 2019
$5,000.00
Main Body - Aerial Shells
Description Quantity
♦ 3" Souza Designer Selections 130
Total of Main Body - Aerial Shells 130
Grand Finale
Description Quantity
♦ 2.5" Souza Designer Bombardment Shells 72
♦ 3" Souza Designer Bombardment Shells 50
Total of Grand Finale 122
Grand Total 252