HomeMy WebLinkAboutPYRO SPECTACULARS, INC. (6)INSURANCE ON FILE
WORK MAY PROCEED N-2024-068
Pyro Spectaculars, Inc. UNTIL IN URANCE EXPIRES City of Santa Ana
P.O. Box 2329 _ Program A
Rialto, CA 92377 CITY CLERK July 9, 2024
Tel: 909-355-8120 :::: Fax: 909-39Q! A13 l' 1.), I ,f 4
0 ?ZGSACI) PRODUCTION AGREEMENT
(M'Ltvlpi,jp�-
N This agreement ("Agreement") is made this - da of C
� , 2024 by and between Pyro Spectaculars, Inc., a Califimia
N corporation, hereinafter referred to as CTYRO"), and City of Santa Ana, hereinafter ve a ed to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as
"Party" or collectively as "Parties" herein.
N
m I. Encasement -CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement
W upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and
"- incorporated herein by this reference.
Ll PYRO Duties - PYRO shall provide all pyrotechnic equipment, trained pyrotechnfe(ans, shipping, pyrotechnic products, application for
specific pyrotechnic permits (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 part of this 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 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 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 safety with respect to the public, CLIENT personnel and other contractors.
2. Time and Place - The Production shall take place on July 4. 2024, at approximately 9:00 P01 at Centennial Rceional Park Soccer field west of
park, , Fairview St., Santa Ana, CA, Site.
3. Fees, Interest, and Expenses -
3.1 Fee - CLIENT agrees to pay PYRO a fee of S30100.00 USD (THIRTY THOUSAND ONE HUNDRED DOLLARS) ("Fee") for the
Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 %of the Production Fee S15.050.00 LSD (FIFTEEN THOUSAND
FIFTY DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at 0$0.00 OR an amount to be determined, fora total of
S 15,050.00, upon the execution of this Agreement by both parties but no later than March 4, 2024. The Initial Payment is a partial payment toward the
preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs".) The balance of the Fee shall be paid no later than July 5,
2024_ 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 Pyro, is set forth in pamgmph 20.
31 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 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 attorneys' 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 limited to, those items
outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Proprietary Riehts - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO
does not own CLIENT -owned material or third-partyowned material that has been included in the Production, and as to such CLIENT -owned and third -parry -
awned 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 or other rights in or to CLIENT -owned material and third -party -awned 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 appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the
ownership rights in its trade names that are used in or area product of the Production. Any reproduction by sound, video or other duplication or recording process
without the express written permission of PYRO is prohibited.
5. Safety - 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 may be safely discharged or continued It shall not constitute a breach of this Agreement by PYRO For fireworks 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 affecting safety
beyond the reasonable control of PYRO
6. Securih - CLIENT shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals
other than 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 pyrotcv:hnics 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 orcontmetor
facilities associated with the Production
7. Clearing - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary
by PYRO- CLIENT shall be responsible for any otherelean up which may be required of the Production or set-up, discharge unit fallout areas including any
environmental clean-up.
PSI V-2021 1
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Santa .Ana
Program A
Joly 4, 2024
frl^v 2 'f 4
8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the ORANGE COUNTY FIRE AUTHORITY, FAA, and
USCG, if required. CLIENT shall he responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining
any other necessary permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures,
event/actwity or land use permits or any permission or permit required by any Local, Regional, Stale or Federal Government,
9. Insurance - PYRO shall at all times during the performance of services herein ensure that the following insurance is maintained in connection with
PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under this
Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT 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 be as set forth in the Scope of Work. Such insurance shall not include claims which arise from CL,IENT's
negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall 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 famished to CLIENT prior to the rendering of services hereunder and shall include that the following are named its additionally insured: CLIENT;
Sponsors, Landowners, Barge Owners, if any; and Pemtilting 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, shall secure, maintain and provide their own insurance coverage with respect to their
respective operations and services.
10. Indemnification - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers,
and expertise to produce ate 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 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 PYRO, their officers, agents, contractors, providers, or
employees. CLIENT shall indemnify, hold harmless, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including
but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from
or out of the Production and the presentation thereof to the extent such am occasioned by any act or omission of CLIENT, its officers, agents, contractors,
providers, or employees, To no event shall either party be liable for the consequential damages of the other party.
t 1. LimBntion of n a ee s for Ordinnry Brat ch - Except in the case of bodily injury and property damage as provided in the insurance and
indemnification provisions of Pamgraplrs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in
performing 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 shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation, damages
for loss of income, business or profits.
12. Force biaicure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other
causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of
any event for which CLIENT has pumhased the Production, or which may affect or damage such portion of the exhibits as must 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 (late, or at the
scheduled time, or should any event for which CLIENT has purchased the Production be canceled as a result of such causes, CLIENT may (i) reschedule the
Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based
upon when die Production is canceled.
13. Rescheduling Of Event -If CLIENT elects to reschedule the 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 be due in full within 5
days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of Pencils, materials, equipment, transportation
and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be
rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shallnot be rescheduled between June 15th and July
15th unless the original date was July 4th of that same 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 Riot adversely affect normal business operations during those periods.
14. Right To Cancel —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 occurs30 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 CLIENT cancels
the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the
damages PYRO will suffer if CLIENT cancels the Production.
15. No John Venture- It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership or
joint venture between CLIENT and PYRO. PYRO shall be and is an independont contractor with CLIENT and not an employee of CLIENT. The Parties hereto
shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not
expressly provided for herein.
16. Applicable Law -This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of California.
It is further agreed that the Ccntml Judicial District of San. Bernardino County, California, shall be proper venue for any such action. In the event that the scope of
the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the fill dollar amounts outlined in this Agreement are
enforceable.
17, Notice; -Any Notice to the Parties permitted or required under this Agreement maybe given by mailing such Notice in the United States Mail,
postage prepaid, first class, addressed as follows: PYRO — Pyre Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N.
Locust Avenue, Rialto, California 92377. CLIENT — City of 5antn Ann, 20 Civic Center Plaza. Santa Ana- CA 92701.
PSI V-2021-2
Pyro Spectaculars, Inc. N-2024-068 City of Santa Ana
P.O. Box 2329 Program A
Rialto, CA 92377 July 4, 2024
Tel: 909-355-8120 :::: Fax: 909-355-9813 fla ,❑ 144
18.. Modification of Terns —All terns 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 written Agreement and agree to be bound by said terns of written Agreement only.
19. S everability —If there is more than one CLIENT, they shall be jointly 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 £axed and mailed copies, each one of which shall be deemed an
original against the Parry executing same. This Agreement shall be binding upon the Parties hereto and upon 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 or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the 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 March 4, 2024
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.
By: _
Its: Pr cmt
Date:
SHOW PRODUCER: Marco Montenegro
City of Santa Ana
Its; Interim City Mana er
Thomas R. Hatch
Print Name
—
Date:
Approved as to Form:
Sonia R. Carvalho
By:
BranVoA—Salvatierra
Deputy City Attorney
Nov
Recommended for Approval:
)�54hw�
Hawk Scott (Feb 23, 202417:19 PST)
Hawk Scott
Executive Director Parks, Recreation
and Community Services Agency
PSI V-202I-2
Pyro Spectaculars, Inc. City of Santa Ana
P.O. Box 2329 Program A
Rialto, CA 92377 July 4, 2024
Tel: 909-355-8120:::: Fax: 909-355-9813 Pa_e 4 nt4
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 July 4, 2024, at approximately 9:00 Phl at Centennial Regional Park Soccer
field west of nark, Fairview St., Santa Ana. CA.
• 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, parking, security, and
maintenance.
• Applicationfor specific pyrotechnic permits relating to the Production.
• 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:
Insurance Renniretuenrs Limits
Commercial C}ear ffAi I,�ability $5,000,000.00 Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Business Auto Liabilitv- $5,000,000.00 Combined Single Limit- Each Occurrence
Owned Non-,Q�v_nud and Itired Autos (Bodily Injury &Property Damage)
Wo_I—ims' Col em atiotl Statutory
EmoloyeA,iabilIty $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 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 all permits required for the presentation of the Production and the event as a whole.
• Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction
throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all
set-up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone.
• 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 y-2021-2
NOTICE OF COMPLIANCE
CITY STAFF: PRINTTHIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Pyro Spectaculars Inc
Name:
Project N-2023-318
Number:
Project Production Agreement - Pyro Spectaculars
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the
insurance requirements.
The compliant cove ra e(s) are:
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION
COI DATE
FILE NAME
DATE
E
----. ,.
Santa Ana, City
AUTOMOBILE LIABILITY
S18CA00031241
01/13/2025
01/23/2024
of 7-4-24
Insurance.pdf
I
Santa Ana, City
GENERAL
CA00000277138
01/13/2025
01/25/2024
of
I
Insurance pdf
WORKERS COMPENSATION AND EMPLOYERS'375259060201
I Santa Ana
LIABILITY
10/01/2024
10/19/2023
j Insurance
1 Packet pdf
No further action is required
at this time.
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
1/25/2024 12:47 PM