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HomeMy WebLinkAboutPYRO SPECTACULARS, INC. (3)Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: N-2022-147 City of Santa Ana Program A - Revised July 4, 2022 Page 1 of 4 nn,,�n/,r•¢¢ pp I-, (SA) PRODUCTION AGREEMENT This agreement ("Agreement") is made this'day of .2022 by and between Pyro Spectaculars, lne., a California N corporation, heieinalier rel'ened to as ("PYRO"), and City of Santa Ana, bereinzfter eferred to as ("CLIENT'). PYRO and CLIENT are sometimes refelmd to as N "Party" or collectively is "Parties" herein. O CV r_4 1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one Fireworks production ("Production"), and PYRO accepts such engagement upon all of the promises, terns and conditions hereinafter set finish. The Production shall be substantially as outlined in Program "A - Revised", attached hereto M and incorporated herein by this reference. 1.1 PVRO Dutea— PYRO shall provide all pyrotechnic equipment, trained roteclrnicians, shipping, Q p py eq p py Aping, pyrotechnic products, application for specific pyrotechnic pennies (the 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 part to be performed, including preproduction services, all 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 pail of this Agreement as though see 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 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 PYRO's reasonable approval as to pyrotechnic safely, 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 safety with respect to the public, CLIENT personnel and other contractors. 2. Time and Place -'fire Production shall take place un.lniv 4. 2022, at approximately 9••00 phi, at Cenlenulal Regional Park Soccer field west a( park, Fairview St" Santa Ana, CA, Site. 3. Fees, Interest, and Expenses - 3.1 Fee- CLIENT agrees to pay PYRO a fee of $26,000.00 USD (TWENTY-SIX THOUSAND DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 %of the Production Fee $13,000.00 USD (THIRTEEN THOUSAND DOLLAR, plus estimated permit and standby fees, and other regulatory costs approximated at 50.00 -OR an amount to be determined, for a total of $13,000.00, upon the execution of this Agreement by both parties but no later than May 31, 2022, The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Serviees and Casts".) The balance of the Fee shall be paid no later than July 5' 2022. CLIENT authorizes PYRO to receive and verily credit and financial information concerning CLIENT from any agency, person or entity including but nut limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement most be delivered to Pyro, is set forth in paragraph 20. 3.2 Interest - In [lie event that the Fee is not paid in a linhely manner, CLIENT will be responsible for the payment of L5% interest per month or 18% 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 atlnnteys' fees. 3.3 Expenses— PYRO shall 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 limiter) to, those items outlined as CLIENT-s responsibility in this Agreement and Scope of Work, 4. Prom•immv flights- PYRO represenls:md wan -ants that it owns all copyrights, including performance rights, to [his Production, except that PYRO does not own CLIENT -owned material or thirst -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party - owned material, CLIENT assunhrs 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 or other rights in or to CLIENT -owned material and third -petty -owned material and shall not he responsible in anyway for such material. If applicable, CLIENT consents to theme of CLIENT -owned material and represents that it has orwillobtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its bade names that arc used in or area product of the Production. Any reproduction by sound, video or other duplication orrecording process Without the express written permission of PYRO is prohibited. 5. Sal_ety - PYRO and CLIENT shall each 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 PYRO's sole discretion to determine whether or not the Production maybe safely discharged orcontinued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail on malfunction, or for PYRO to determine that the Production cannot be discharged reconsidered as a result of any conditions or circumstances affecting safety beyond die reasonable control of PYRO. 6. $cciurliv -CLIENT shall provide adequate security personnel, barricades, and Police Department services as any be necessary to preclude individuals otherthan those authorized by PYRO from entering an area to be designated by PYRO as the area for the set-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 or controlling CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production. 7. Clete- PYRO shall be responsible fee [lie removal of all equipment provided by PYRO and clear up of any live pyrotechnic debris node necessary by PYRO. CLIENT shall be responsible finally olherclean up which may be required of the Production orset-up, discharge and fallout areas including any environmental clean-up. PSI V-202I Pyro Spectaculars, Inc, P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Santa Ana Program A - Revised July 4, 2022 Page 2 of 4 8. Permits- PYRO agrees to apply for permits forthe firing of pyromehnics 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 for chaining any other necessarypermits, paying associated fees, and making other approptime arrangements for Police Departments, other Fire Depadments, load closures, evenVactivily or land use permits or any permission or petmit required by any Local, Regional, State or Federal Government. 9. Ids] ropeg.- PYRO she]] at all times during the performance of services herein ensure that the following insurance is maintained in connection with PYRO's perfmnanee of this Agreemeru: ( I) commercial general liability insurance, including products, completed operations, and contractual liability wider this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance, Such insaltnrce is to protect CL.If',NT from claims for bodily injury, including death, personal injury, and From claims of property damage, which may arise from PYRO's performance of this Agreement, only, The types and amounts of coverage shall bees set forth in the Scope of Work. Such insurance shall not include claims which arise from CLIENT's negligence or willful conduct or from flilare of CLIENT to perform its obligations under this Agreement, coverage for which shEdl be provided by CLIENT, The coverage of these policies shall be subject to 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 that the following me named as additionally insured: CLIENT; Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors or providers, if any, not covered under policies of insurance required hereby, shalt secure, maintain and provide their own insurance coverage with respect to their respective operations and services. 10. IrrlehniiliUulibm- PYRO represents and warrants that it is capable of furnishing the mccssary experience, personnel, equipment, materials, providers, and expertise to prrduce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify, hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including bit not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal fglmy, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or emission of PY RO, their officers, agents, contractors, providers, or employees. CLIENT shall indernnity, hold boneless, and defend PYRO from red against any and all claims, actions, damages, liability slid expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its officers, agents, contactors, providers, or employees. In no event shelf either party be liable for the consequential damages of the other party. I I, irGmtl4[limr dfUagmges fir Ordinary Brerah - Except in the case of bodily injury and property damage as provided In the insurance and indemni]idahon prnvisiohs of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has branched this Agreement no was otherwise negligent in perfimning the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has paid to PYRO under this Agreement, and sholl not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages for loss of income, business or profits. 12. 1'9orgeMuidure- CLIENT agrees to assume the risks of weather, strike, civil um'est, terrorism, military action, governmental action, and any other causes beyond the control of PYRO which may prevent the Production from being safely discharge(] on the scheduled date, which may cause the cancellation of any event for which CLIENThas purchased the Production, or which may affect or damage such portion of the exhibits as nwsl be placed and exposed a necessary time before the Production, If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or it the scheduled lime, or should any event for which CLIENT has purchased the Production be canceled as a result ol'such causes, C'LIENf may (i) reschedule the Production end pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such goats as provided in Paragraph 14, based Upon when the Production is canceled. 13. Iieseliittllrlirl¢ OrEvent -If CLIENT clean; to reschedule the Production. PYRO shall be paid the original Fee plus all additional expenses made necessary by rescheduling plus a 1.5% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5 days of receipt, CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of tlennits, materials, equipment, transportation and labor. The Production shell be rescheduled for a date not erne than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Produclion shill not be rescheduled between June 151h and July 15th unless ilia original date was July 41h of that sane year, or between December 15th and January 15th unless the original date was December 31 st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods. 14. Po19111' U (ancel—CLIENT shall have the option to unilaterally cancel the Production prior to the scheduled date, If CLIENT exercises this option, CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee asset forth in Paragraph 3.1. I) 50%if cancellation occurs 30 or more 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 CL.IEN'F emwcls the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages.. The Ibregoing represents a reasonable estimate of the damages PYRO will suffer if CLIENT cancels the Production. I S. Nit .1 Jlut. Venture It is agreed, nothing in this Agreement or in PYRO's performance ofthe Produclion shrill be consbued its forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor wish CLIEiN'f and not an mnployce of CLIENT. Tho Parties hereto shell be severalty responsible for their own separate debts and obligations and neither Party shall be ]laid responsible for any agreements or obligations not expressly provided her herein. 16. AUIBiyuhlu,.i..aw- This Agreement And the rights and obligations of the Parties hereunder shall be construed in accordance with the laws ofColilomii, It is further agreed that the Central .ludicial District of San Bemardino County, Califie nin, shall be proper venue for any such action. In the event that the scope of ilia Production is reduced by authorities having,jurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement see enforceable. 17, Notices- Any Notice to the Parties pet mitted or required under this Agreement may be given by mailing such Notice in the United Slates Mail, postage prepaid, ti ist class, addressed as ]allows: PYRO - Pyro Spectaculars, Inc,., P:O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N, Locus] Avenue, Rialto, California 92377. CLIENT— C'Rv aDSanm Ann 2U Aviv C'mRUr 1'Inxu SnUla Ara C, k 99270! PSI V-2021-2 Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Santa Ana Program A - Revised July 4,2022 Page 3 of 4 18. Modification of Terms— Ail tens of the Agreement are in writing and may only be modified by written agreement of both Parties herein. Both Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terns of written Agreement only, 19. Sevcnrbilily-- If there is marathon one CLIENT, they shall bejointly and severally responsible to perform CLIENT's obligations under this Agreement. This Agreement shall become effective after it is executed 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 counterparts, including faxed and entailed copies, each one of which shall be deemed an original against the Party executing same. This Agmement shall be binding upon the Parties hereto and open their heirs, successors, executors, administrators and assigns. 20. Price Firm If any changes or alterations are made by CLIENT to this Agreement or if this Agreement is not executed by CLIENT and delivered to PYRO on orbefore the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before Ore due date, then the price, date, 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 May 31, 2022 EXECUTED AGREEMENT M UST 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. Its: President Date: A 22::� SHOW PRODUCER: Marco Montenegro City of Santa Ana By: �a— Kristine Ridge City Manager Date: Approved as to Form: Sonia R. Carvalho Deputy City Attorney Attest: Daisy Gomez, MMC Clerk of the Council Recommended for Approval Lisa Rudloff Executive Director, Parks Recreation and Community Services Agency PSI V-2021-2 Pyro Spectaculars, Inc. City of Santa Ana P.O. Box 2329 Program A - Revised Rialto, CA 92377 July 4, 2022 Tel: 909-355-8120 :::: Fax: 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 CI.,IENT; • One Pyro Spectaculars, Inc., Production on lul , 2022, at approximately � p_M at 91M10lIW. gi I' 7ik Soccer relit Mvesl d ark • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design, engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, panting, security, and maintenance. • Application for specific pyroteclmic permits relating to the Production. o Musical soundtrack for the Production supplied in agreed upon format. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits: rircrrnarar{reaos Lmfr Cnnu lerciol Ocalbral Lit bilft $5,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) H tsjj7 sti ALtet Liu i l t $5,000,000.00 Combined Single Limit- Each Occurrence Owncd._Nmt•O.wiicdl nd Hired Autos (Bodily Injury & Property Damage) 1 nLksts' Coi1ipmosi li yit Statutory Et ilt; e I.itliilit' $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 Dept. standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be filly insured and the sole responsibility o f CLIENT. • Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold authority within 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 `Lone, • 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. PSI V-2021-2 Agreement_Pyrospectacular July 4 2022 Event_CAO Signed_5.12.22 Final Audit Report Created: 2022-05-20 By: Emerson Frankston (EFrankston@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAT_IGDelmeMczlyisMMJ45KIoO2EBmzXM 2022-05-20 "Agreement_ Pyrospectacular July 4 2022 Event CAO Signed_5. 12.22" History Document created by Emerson Frankston (EFrankston@santa-ana.org) 2022-05-20 - 0:20:02 AM GMT E- Document emailed to Lisa Rudloff (Irudloff@santa-ana.org) for signature 2022-05-20 - 0:20:27 AM GMT Email viewed by Lisa Rudloff (Irudloff@santa-ana.org) 2022-05-20 - 2:24:05 PM GMT 6© Document e-signed by Lisa Rudloff (Irudloff@santa-ana.org) Signature Date: 2022-05-20 - 2:24:18 PM GMT - Time Source: server 0 Agreement completed. 2022-05-20 - 2:24:18 PM GMT Q Adobe Acrobat Sign DRAYTON INSU INI ;. Digitally signed _ 2500 CENTER POINT ROAD, SUITE 301 J BII C 4067 RMINGHAM, ALABAMA 35215 -1 'MIN HAM,AL AMA 35220 TELEPHONE: (205) 854-5806 /I riAiL fl7 99 CERTIFICATJACCAVI&U Date: ?t2148 This certificate replaces and supersedes certificate number 211015 '] ^^�] //��CC ']/� We certify that insurance is afforded as stated below. This Certificate dNLs not affirmatively or ne, ,tively atn202 {I pt;pll►r,llf Qvemge afforded by the insuance policy and the insurance afforded is subject � al�the terns, exclusisns .nd conditions of the policy. INSURER Admiral Insurance Company `J POLK Y'.o. CA000002771-36'27:09—071001 NAMED INSURED Pym Spectaculars, Inc. Pym Spectaculars by Souza Pyio Events, Inc. Pym Spectacular Industries, hue. Pyro Spectaculars Productions, Inc. North American Fireworks Co., Inc. (NAFCO) P.O. Box 2329 San Diego Fireworks Rialto, California 92377 POLICY TERM January 13, 2022 to January 13, 20Aj Both Days 12:01 A.M. Standard Time COVERAGE Commercial General Liability: ® Occurrence Basis ❑ Claims Made Basis LIMIT OF LIABILITY $5,000,000 each occun ence, $10,000,000 general aggregate, $5,000,000 products/completed operations aggregate 'the limit of liability shall not be increased by the inclusion of'iriore than one insured or additional insured. INSURED OPERATIONS Public fireworks display and special effects contractor It is certified that, if named below, this policy includes as Additional Insureds 1) the sponsor(s), promoter(s), organizer(s) (including other entities having similar interests), of insured pyrotechnic events and/or 2) the owner(s) of real property (or barges) at which insured pyrotechnic events are held and/or 3) the awner(s), manager(s), tenant(s), mortgagee(s) (including other entities having similar interests), of buildings, stadiums, arenas and similar facilities at which insured pyrotechnic events are held and/or 4) the licensing or permitting authority, or other authority having jurisdiction, issuing licenses/permits for insured pyrotechnic events and/or 5) any other entity for which the insurance is required to be afforded under written contract. Coverage applies only as respects the legal liability of such Additional Insured(s) for bodily injury and property damage caused by the operations of the Named Insured. The insurance afforded any Additional Insured does not include coverage for any bodily injury or property damage arising from the failure of such Additional Insured to fulfill its obligations specified in its contract with the Named Insured. NAME & ADDRESS OF INSURED SPONSORS, PROPERTY OWNERS, LICENSORS City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 ADDITIONAL INSURED(S) City of Santa Ana, Centennial Regional Park, County of Orange, Orange County Fire Authority and their officers agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by the City shall be excess and noncontributory. DISPLAY LOCATION Centennial Park Santa Ana, CA DISPLAY DATE(S) July 4, 2022 It is certified that this policy requires a 30 day mutual notice of cancellation between the Insurer and the Named Insured. In the event ofsuch cancellation we will endeavor to mail 10 days written notice to the Additional Insured(s), whose name and address is shown hereon, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer and/or the undersigned. May 20, 2022 DATE OF ISSUE DRAYTON INSURANCE BROKERS, INC. tY..0 STRINGER, RNIA PRESID�'^ CALIFOLICENSE NO.Vtl "MaruganentDhAsim .: ReAeXE0fiAPPR0VW r: A41u Aarv44 �. �� Risk Management specialist Policy Number. CA000002771-36 Al 08 76 02 03 Effective Date: 01/13/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART It is hereby declared and agreed that the following entities are included as Additional Insmed(s) hereunder. 1) Spons0r(s), promoter(s), organizers) (including other entities having similar interests), of insured pyrotechnic events and/or insured pyrotechnic premises. 2) Owner(s) of real property (or barges) at which insured pyrotechnic events are held and/or insured pyrotechnic premises are located. 3) Owuer(s), manager(s), tenant(s), mortgagee($) (including other entities having similar interests), of buildings, stadiums, arenas, stores and other similar facilities at which insured pyrotechnic events are held and/or insured pyrotechnic premises are located. 4) The licensing or pemdtting authority, or other authority having jurisdiction, issuing licenscs/permits for insured pyrotechnic events and/or insured pyrotechnic premises. 5) Any duly licensed pyrotechnician acting either as a licensing cover for an insured pyrotechnic event or, alternatively, as an operator for a pyrotechnic event fired by the Named Insured. 6) Any other entity for which the Named Insured is contractually obligated to provide insurance such as is afforded by the terms of this policy. but only if such entities are listed as additional insured(s) in a certificate of insurance issued under the terms of this endorsement and always subject to the limitations or conditions set out in such certificate of insurance. The coverage afforded such Additional htsured(s) does not apply to injury or damage arising from the failure of any such Additional Insured to fulfill its obligations specified in its contract with the Named Insured_ AI 08 76 02 03 Parrs 1 of t M Ala— ' MIMIM' RiskMaruganauDMeian Rtvi D&APPROV®BY. A,yitAuw�la Risk Management Spedalist PoticyNumber• CA000002771-36 Al 08 76 02 03 Effective Date: 01113/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE AMENDMENT -PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM It is hereby declared and agreed tbat, if so stated in a certificate of insurance, the coverage afforded any entity included as an Additional Insured under the terms of this policy shall 1) Be primary and non-contributory with any policy of insurance (or self-insurance) issued directly to the Additional Insured. 2) Provide a waiver of subrogation in favor of such Additional Insured. Al 08 76 02 03 Paee 1 of 1 ❑ t s. � I&_ N gq�m=__ RkkMwgemmtDMSiun REVIEWED 6 APPROVED BY.' A4 JU Aacvrdo Ruk Management SpedNist AFRO® CERTIFICATE OF LIABILITY INSURANCE DAT3/30/2022m 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: D 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 G TACT Britton Gallagher One Cleveland Center, Floor 30 PHONE N - 216-658-7100 w + 216-858-7101 ADDRESS:I 1375 East 91h Street Cleveland OH 44114 INSURER 6 AFFORDING COVERAGE NAICe INSURER A: Axis Surplus Insurance Company 26620 INSURED INSURER a: Everest Denall Insurance Company 16044 Pyro Spectaculars Inc. San Diego Freworks INSURER C: INSURER D; P. O. Box 2329 Rialto CA 92377 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 821699815 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 LTR TYPE OF INSURANCE POUCYNUMBER POUCYEFF O POLICY EXP MMI O umm GENERAL LIABILITY EACH OCCURRENCE $ PREMSESEaac RM1e $ COMMERCIAL GENERAL LUIBIUTY MED EXP Mr oneereon $ CIAIMS MADE❑OCCUR PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREOATE LIMIT APPLIES PER: PRODUCTS -COMPMP AGO 8 POLICY PRO-IECT LOL $ B AUTOMOBILE LIABILITY SI8CA00031-ni 1/1312022 1MYM23 COMBINED SNGLE LIMIT (E.a.1knottl _$1,000,000 BODILY INJURY (Per person) S- X ANY AUTO ALLOWNED SCHEDULED AUTOS A1m05 BODILY INJURY (PeramidenN $ X HIRED AUTOS X NONOWNED PPROPEtlTYDAMAGE S A UMBRELLA LIAB X OCCUR P4014DOM394644 1/13/POn 1/13I2D23 ;r' EACH OCCURRENCE S4,000.000 X EKCESS LIAB CLAIMSMADE AGGREGATE $4.000,000 BED I I RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- YIN EIEACH ACCIDENT $ ANANDEMPLOYERS'LIABILm' Y PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUOEDY ❑ NIA E.L. DISEASE -EA EMPLOYE4 S (MMrtlatury In NHl Use. describe under DESCRIPTION OF OPERATIONS colors EL DISEASE -POLICY LIMIT I $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Altech ADDING 101. Additional Remarks SChedela. It more space Is Acquired) Certificate Holder is named as an Additional Insured in regards to General Liability. Date of Display: July 4, 2022 Location: Centennial Park, Santa Ana, CA City of Santa Ana, Centennial Regional Park, County of Orange, Orange County Fire Authority and their officers agents, employees, and volunteers are named as additionally insured on this policy pursuant to written Contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by the City shall he excess and noncontributory. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATNE Santa Ana CA 92701 -V i ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD "0..o'^e•, ausenumag ii l^°leon RENEWED fi APPROVED BY: ��' Risk Management Spedalist Policy #: SI8CA00031-221 COMMERCIAL AUTO ECA 04 506 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. COMMERCIAL AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details on specific coverage, please refer to policy language in this endorsement and the underlying Business Auto Coverage Form. Coverage Applicable Enhancement Subsidiaries As Insureds Broadened Newly Acquired Organizations As Insureds Broadened Blanket Additional Insureds Broadened Employees As Insureds(Non-Ownership) Broadened Supplementary Payments — Bail Bonds $3,000Limit Supplementary Payments — Loss Of Earnings $1,000 per day Fellow Employee Bodily Injury Broadened Towing Coverage —All Covered Autos Broadened Glass Breakage Coverage —Waiver of Deductible Broadened Loss of Use Expenses $50 per day $1,000 Limit Stolen Vehicle Extra Expense Broadened Airbag Discharge Broadened Electronic Equipment (Permanently Installed Broadened Single Deductible Provision Broadened Notice To Company Broadened Blanket Waiver Of Subrogation Broadened Unintentional Failure To Disclose Hazards Broadened Bodily Injury Includes Mental Anguish Broadened Coverage Territory Extension - Mexico Broadened ECA 04 506 03 10 Copyright, Everest Reinsurance Company, 2010 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. INSURE[) C-F! Page 1 of 4 ❑ t RiekMmugemndDMslan REVIEWED4APPROV®BY Auvte(c ®. - Risk Management Specialist �� A. Who Is An Insured The following is added to Paragraph Al. of Sec- tion 11-1-iability Coverage: d. Any: (1) Subsidiary which is a legally incorporated entity of which you own greater than 50% interest in the voting stock on the effective date of this Coverage Form. However, the insurance afforded by this provision does not apply to any subsidiary that is an 'In- sured" under any other automobile liability policy, or would bean "insured" under such policy but for the termination of such policy or the exhaustion of such policy's limits of Insurance. (2) Organization you newly acquire or form, and over which you maintain majority inter- est. The coverage afforded by this provision: (a) Is effective on the acquisition date, and is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (b) Does not apply to "bodily injury" or "property damage" resulting from an "ac- cident" that occurred before you ac- quired or formed the organization; and (c) Does not include any newly acquired or formed organization that is: (1) Ajoint venture or partnership; or (ii) An "insured" under any other auto- mobile liability policy or would be an "insured" under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. e. Any person, organization or governmental entity with respect to the operation, mainte- nance, or use of a covered "auto" if you are re- quired to add such person, organization or go- vernmental entity to this policy as an additional insured in order to comply with the terms of a written "insured contract" or written agreement. This does not apply when such contract or agreement: (1) Involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a'trailer" connected to a covered "auto" you own; or (2) Is executed after the date of loss. Paragraph e.(2) does not apply if: (1) The terms and conditions of the written "insured contract" had been agreed upon prior to the "accident" or "loss"; and (2) You can definitively establish that the terms and conditions of the written "insured con- tract" ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". f. Any of your "employees" while using a covered "auto" in your business or your personal af- fairs, provided you do not own, hire or borrow that "auto". B. Coverage Extensions - Supplementary Payments Paragraphs A.2.a.(2) and A.2.a.(4) of Section II — Liability Coverage are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the 'in- sured" at our request, including actual loss of earnings up to $1,000 a day because of time off from work. C. Fellow Employee The following exception is added to exclusion 5. Fellow Employee under paragraph B. Exclusions of Section II — Liability Coverage: This exclusion does not apply if the 'bodily injury" results from the use of a "covered auto" you own or hire. The coverage provided under this excep- tion is excess over any other collectible insurance. D. Towing Paragraph A.2. of Section III — Physical Damage Coverage is replaced by the following: 2. We will pay for towing and labor costs each time that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". If the auto is not a private passenger type, a $250 deductible will apply to this coverage but it will not reduce the available limit of insurance. For all types of "auto", the most we will pay under this coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles. Page 2 of 4 Copyright, Everest Reinsurance Company, 2010 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. INSURED CUF ECA 04 506 03 10 ❑ Rink MnnagemadDiwton REMEWED&APPROVEDBY: o A+.� Auvuco �MMMWM Ruk Management Spedzlist E. Glass Breakage — Hitting A Bird Or Animal — Falling Objects or Missiles The following is added to Paragraph A.3. of Sec- tion III —Physical Damage Coverage: Any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. If the glass must be replaced and there is no other damage associated with the "loss", the deductible will be $100 unless a lower deductible is shown in the Declarations applicable to this coverage. F. Loss Of Use Expenses Paragraph A.4.b. of Section III —Physical Damage Coverage is replaced by the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an 'Insured" becomes le- gally responsible to pay for loss of use of a ve- hicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; (2) Specified Causes Of Loss only if the Decla- rations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $50 per day, to a maximum of $1,000. G. Extra Expense — Stolen Vehicle The following is added to Paragraph A.4, of Sec- tion III —Physical Damage Coverage: c. Stolen Vehicle We will pay for all reasonable and necessary expenses to return a stolen covered "auto" to you. H. Airbag Coverage The following exception is added to Paragraph B.3.a. of Section III —Physical Damage Coverage: The accidental discharge of an airbag shall not be considered mechanical breakdown if it occurs in a covered "auto" for which Comprehensive coverage is purchased. This provision does not apply to .au- tos" you hire with a driver and is excess over any warranty specifically designed to provide this cov- erage. I. Electronic Equipment Coverage Section III — Physical Damage Coverage is amended as follows: 1. The sublimit in Paragraph C.2. of the Limit Of Insurance Provision is increased to $3,000. 2. No Physical Damage Coverage deductible ap- plies to the first $3,000 of "loss" to electronic equipment described in Paragraph C.2. of the Limit Of Insurance Provision. J. Single Deductible Provision The following is added to Paragraph D. of Section III — Physical Damage Coverage: If a Comprehensive or Specified Causes of Loss Coverage 'loss" from "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident", if the cause of the loss is covered for those vehicles. This provision only applies if you carry Compre- hensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. If a 'loss" covered under this Coverage Part also involves a "loss" to other property from the same "accident", which is covered under a Commercial Property or Inland Marine Coverage Part issued by us to you, only the highest deductible applicable to those coverages will be applied to the "accident". K. Notice To Company Paragraph A.2. of Section IV — Business Auto Conditions is amended as follows: 1. With respect to notification requirements, your obligation under Paragraph A.2.a. applies only when the "accident" or'loss" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; c. A member, if you are a joint venture or limited liability company; or d. An executive officer or insurance manager, if you are an organization other than a part- nership, joint venture or limited liability com- pany. 2. With respect to the requirements pertaining to you providing us with document concerning a claim or "suit", your obligation under Paragraph A.2.b. will not be considered breached unless the breach occurs after such claim or "suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; c. A member, if you are a joint venture or limited liability company; or ECA 04 506 03 10 Copyright, Everest Reinsurance Company, 2010 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. INSUREn C A Page 3 of 4 ❑ Ride MRrogene nt Division REVIEWED 6 APPROV® BY: ®' Risk Management Specoist d. An executive officer or insurance manager, if you are an organization other than a part- nership, joint venture or limited liability com- pany. L. Blanket Waiver Of Subrogation The following is added to Paragraph A.S. of Sea tton IV —Business Auto Conditions: a. However, we waive any right of recovery we may have against a person, organization or government entity when you have waived such right of recovery under a written "insured con- tract" that is: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "accident" or 'loss", or executed after the "accident" or "loss" if: (a) The terms and conditions of the written "insured contract" had been agreed upon prior to the "accident" or "loss"; and (b) You can definitively establish that the terms and conditions of the written 'in- sured contract" ultimately executed are the same as those which had been agreed upon prior to the "accident" or 'loss". b. We hereby waive any right of subrogation against any of your officers, directors or em- ployees which might arise by reason of any payment under the insurance afforded by the policy for the operation, maintenance, use, loading or unloading of a non -owned "auto". This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director or employee. M. Unintentional Failure To Disclose Hazards The following is added to Paragraph B.2. of Sec- tion IV —Business Auto Conditions: If you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny coverage under this Cover- age Form because of such failure. However, this provision does not affect our right to collect addi- tional premium due to us as a result of these un- disclosed hazards in accordance with our filed rat- ing plans. N. Bodily Injury — Including Mental Anguish Paragraph C. of Section V—Definitions is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including "men- tal anguish" or death resulting from any of these at any time. For the purpose of this provision, the term "mental anguish" shall mean any type of mental or emotional illness or distress. O. Mexico Coverage The coverage provided by this policy for covered "autos" you own or lease on a long term basis without drivers are extended to "accidents" or 'losses" occurring in Mexico if: 1. The covered "auto" is in Mexico for a period not exceeding 10days; and 2. The covered "auto" is principally garaged and used in the United Slates; and 3. The driver of the covered "auto" does not re- side in Mexico; For Liability Coverage to apply to "accidents" oc- curring in Mexico, the following must also apply: 1. Valid and collectible auto liability insurance for the covered "auto" has been purchased from a licensed Mexican Insurance Company and is in force at the time of the "accident"; and 2. The original "suit" for damages is brought with- in the United States. For 'losses" payable under Physical Damage Cov- erage this additional restriction applies: We will pay "losses" under Physical Damage Cov- erage in the United States, not in Mexico. If the covered "auto" must be repaired in Mexico in order to be driven, then the most we will pay for'loss" is the lesser of the following: 1. The cost of repairing the "auto" or replacing its parts in Mexico; or 2. The cost of repair or replacement at the nearest point in the United States where the repairs or replacement could be made. Otherinsurance: The insurance provided by this section will be ex- cess over any other collectible insurance. Page 4 of 4 Copyright, Everest Reinsurance Company, 2010 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. INSURED CD ECA 04 506 03 10 ❑ Risk 1r1@,a9einmt Dlvislan i+ REvt so&APPROVED BY. A+ Auwe(o "® Risk Management Specialist POLICYHOLDER COPY P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-30-2022 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 GROUP POLICY NUMBER: 0803749-2021 CERTIFICATE ID: 2278 CERTIFICATE EXPIRES: 10-14-2022 10-14-2021/10-14-2022 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 affor/ddee,d bbyythee policy yydedescribed 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 N0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2022-03-30 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SANTA ANA ENDORSEMENT d2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-14-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PYRO SPECTACULARS, INC. AND/OR PYRO EVENTS, INC. PO BOX 2329 RIALTO CA 92377 (REVJ-2014) PRINTED : C SP RiAMmgemadDlvislon i ,� REmlr ofi APPRw®Br. ® " ' L%& -Rym� A+ p Aclu4(o '. - Risk blanagemen[Specialist �,