HomeMy WebLinkAboutPYRO SPECTACULARS, INC. 1 - 2003 . ... i,'43URANCE NOT ON FILEPYRO SPECTACULARS, INC.
q~~lte/)wORK MAY -NOT'PROCEED Display Agreement . N-2003-060
~-I~A, CLERK OF~ COUNCIL
~'~ DATE: ~[Iq Io5
,
Ca[i[omb co~orzdon hereinafter ~e[e~ed to as '?~0' and
Ci~ of Santa Ann hereinafter refe~ed to as "PURC~SER.
2) PYRO agrees to furnish PURCHASER, M accordance with the te~s and conditions hereinafter set fo~h, 1 fireworks display
as per Program A , submiRed, accepted and made pa~ hereof, including ~e se~ices of a licensed pyrotec~ic operator to take
charge of and, along wi~ sufficient heIpers, safely discharge ~e display.
The said display is scheduled to be perfo~ed on July 4 ,20~ at
~entennial Regional Park Soccer Field: Santa Ann
3) PURCHASE~ at its own expense, agrees to provide to PYRO:
A) A suitable DISPLAY SITE ~ which to stage the fueworks display, bcluding a fir~g and fallout zone reasonably acceptable to
PYRO M which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection,
roping, fencing andtor other crowd consol measures to prevent the access of~e public or its prope~ or any other people or prope~
not authorized by PYRO into ~e DISPLAY SITE. C) The services and cost of standby firemen and/or any applicable permit fees
as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at ail times, to the DISPLAY SITE to set
up the display. IfPURCHASER fails to fully comply with requirements A, B, C anWor D set forth above, P~O shall have no
obligation to perfo~ and PURCHASE~agrees to pay to PYRO the entire con.act price plus any additional expenses incuned
because of said failure. If, in its sole discretion, P~CHASER designates an area for members of the public to view the Display
("Spectator Area") anWor an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area
does not infringe on the Display Area; F) Have sole responsibili~ for ensuring that the te~ain of the Spectator Area and any s~cmres
thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibili~ for ensuring
that the Parking Area is safe for use; H) Have sole responsibili~ to police, monitor and appropriately conUol spectator access to the
Spectator Area and ~e Parkbg Area and police, monitor and appropriately consol ~e behavior ofpersons in these areas. It is
expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or o~e~ise supe~ise any area of
the site other than the Display Area, except to ensure: I) ~at any Spectator or Parking Areas are ouBide ~e Display Area; and J)
After completion of the Display, that the Display Area is cleared of any live f~ework debris originating from ~e program.
4) PURCHASER shall pay to PYRO the sum of NINE THOUSAND NINE HUND~D NINETY-NINE .... Dollars
($ 9~999.00 ). A deposit of S 0.00 and fire department fees approximated at S 0.00 must be paid
by . Full final payment is due the first regular business day after the date set for the display. A finance charge at a
periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate pe~iued by law, whichever is less, will be
charged on the unpaid balance after ten days from the date &the display. PURCHASER, by signing this agreement, authorizes PYRO
to receive and verify financial information concerning PURCHASER from any person or entity.
5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation &any event for which PURCHASER has purchased
the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for the display, as provided in the following paragraph.
6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. IfPURCHASER exercises
this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price, t)
25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days
of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up
ofthedisplayactuallybegins, 4) 100%thereafier. Ifcancellation occurs prior to the date set for the display, PURCHASER agrees to
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
including but not limited to music/narration tape production and/or Sponsors logos.
(continued on reverse)
4~ of July Spectacular-Signature Page
1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
PATRICIA HEALY,
Clerk of the Council
CITY OF SANTA ANA, CALIFORNIA a
municipal corporation of the State of
California
APPROVED AS TO FORM:
Cc~J T
City Attorney
APPROVED AS TO CONTENT:
City Manager
RECOMMENDED FOR APPROVAL:
Jo~ Director
Parks, Recreation & Comm. Services Agency
P~o~pectaculars, 'In~.
By: James R. Souza
President