Loading...
HomeMy WebLinkAboutPYRO SPECTACULARS, INC. (11) A-2026-077 Pyro Spectaculars,Inc. City of Santa Ana tu —I tL c� P.O.Box 2329 Program A,Revision#5 u-v c Rialto,CA 92377 July 4,2026 arn Tel:909-355-8120::::Fax:909-355-9813 Page 1 of 4 t— t— o o crz PRODUCTION AGREEMENT w tiles (Special) }ti I This agreement("Agreement")is made this ' day of J V� 2026 by and between Pyro Spectaculars,Inc.,a California tY atC t— trc corporation,hereinafter referred to as("PYRO"),and City of Santa Ana,hereinafter referred to as("CLIENT"). PYRO and CLIENT are sometimes referred to (.1)O U .CI as"Party"or collectively as"Parties"herein. Aet.�{ I. Engagement-CLIENT hereby engages PYRO to provide to CLIENT one fireworks production("Production"),and PYRO accepts such engagement a -S Pr S./,pt)upon all of the promises,terms and conditions hereinafter set forth.The Production shall he substantially as outlined in Program"A",attached hereto and Ao\h ttelm incorporated herein by this reference. ciZA 1.1 PYRO Duties-PYRO shall provide all pyrotechnic equipment,trained pyrotechnicians,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 4.2026 at approximately 9:00 PM.at Centennial Regional Park Soccer Field,west of the park,Fairview St. Santa Ana,CA Site. 3. Fees,Interest,and Expenses • - 3.1 Fee-CLIENT agrees to pay PYRO a fee of S34,815.00 USD(THIRTY-FOUR THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS)("Fee°)for the Production.CLIENT shall pay to PYRO the initial payment of the Production Fee of$17,407.50 USD(SEVENTEEN THOUSAND FOUR HUNDRED SEVEN DOLLARS AND FIFTY CENTS)plus estimated permit and standby fees,and other regulatory costs approximated at$00.00 OR an amount to be determined,for a total of$17,407.50,upon the execution of this Agreement by both parties but no later than June 11,2026.The balance of the Fee shall be paid no later than June 26,2026.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 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 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 Rights-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-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 or other rights in or to CLIENT-owned material and third-party-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 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 are a 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. Security-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 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. Cleanup-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 other clean up which may be required of the Production or set-up,discharge and fallout areas including any environmental clean-up. PSI V-2021-2 Pyro Spectaculars,Inc. City of Santa Ana P.O.Box 2329 Program A,Revision#5 Rialto,CA 92377 July 4,2026 Tel:909-355-8120::::Fax:909-355-9813 Page 2 of 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 snaking other appropriate arrangements for Police Departments,other Fire Departments,road closures, bvent'activity or land use permits or any permission or permit required by any Local,Regional,State 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:(I)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 front 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 CLIENT'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 furnished to CLIENT prior to the rendering of services hereunder and shall include that the following am 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,shall secure,maintain and provide their own Insurance coverage with respect to their respective operations and services. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City,its City Council,its officers,officials,employees,agents,and volunteers are to be covered as additional insureds,under PYRO's COL and AL policies,with respect to any liability arising out of work er operations performed by or on behalf of the PYRO including materials,parts,equipment, and personnel furnished in connection with such work or operations. 2. PYRO's Insurance company(ies)agrees to waive all rights of subrogation against City,its City Council,its officers,officials,employees,agents,and volunteers for losses paid under the terms of the PYRO's COL,AL,and WC policies which arise from work performed by PYRO under this' Agreement. 3. For any claims related to this contract,PYRO's insurance coverage shall be primary and any insurance maintained by City,its City Council,its officers,officials,employees,agents,or volunteers shall not contribute with it. 4. A sevembility of interest provision must apply for all the additional insureds en Pyro's Commercial General Liability and Workers Compensation policies only,ensuring that PYRO's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits ofliability. 5. Insurance policies required herein shall provide that coverage shall not be canceled,suspended,voided,reduced in coverage or in limits,non-renewed by the carrier,or materially changed except after thirty(30)days prior written notice has been given to City.Teri(10)days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 10, Indemnification-PYRO represents and warrants that it is capable of furnishing 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 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 feds and court costs,in connection with the loss of life,personal-injury,and/or damage to property,arising horn or out of the Production and the presentation thereof to the extent such are occasioned by any actor 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 are occasioned by any act or omission of CLIENT,its officers,agents,contractors, providers,or employees. In no event shall either party be liable for the consequential damages of the other party. I I. Limitation of Damages for Ordinary Breach-Except in the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragraphs 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 heroin,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 front PYRO including,without limitation,damages for loss of income,business or profits. 12, Force Marcum-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 purchased 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 date,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 the 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 permits,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 shall not be rescheduled between June 15th and July l5th unless the original date was July 4th of that same year,or between December 15th and January 15th unless the original date was December 31st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods. 14. Hight 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 as set forth in Paragraph 3.L 1)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 CLIENT cancels trio 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. PSI V-2021.2 Pyro Spectaculars,Inc. City of Santa Ana P.O. Box 2329 Program A,Revision#5 Rialto,CA 92377 July 4,2026 Tel:909-355-8120 :::: Fax:909-355-9813 Page 3 of 4 15. NO Joint 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 independent 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 Central 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 full dollar amounts outlined in this Agreement are enforceable. 17 Notices- Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid,first class,addressed as follows' PYRO-Pyro Spectaculars,Inc.,P_O Box 2329,Rialto,California,92377,or for overnight delivery to 3196 N. Locust Avenue,Rialto,California 92377. CLIENT-City of Santa Ana.20 Civic Center Plaza,Santa Ana,CA 92701. 18. Modification of Terms-All terms 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 terms of written Agreement only 19. Severability-If there is more than one CLIENT,they shall be jointly and severally responsible to perform CLIENf'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 emailed copies,each one of which shall be deemed an original against the Party 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 June II,2026 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 City of Santa Ana B 47- "7- By: Its: Vice President Its Date: 4/7/26 i \J Pk2a ALAl Q.,Z Print Name r Date: `49 1.0k ''ATTEST ^� RE •MMENDED FOR A"'OVAL. .,f SHOW PRODUCER Marco Montenegrorife:dirOP 4 - L.Hall Hawk Scott City Clerk Executive Dire- -anon.&Community Services Agency Approved to Jonathan T Martinez Assistant City Attorney PSI V-2021-2 Pyro Spectaculars,Inc. City of Santa Ana P.O.Box 2329 Program A,Revision#5 Rialto,CA 92377 July 4,2026 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 CLIENT: • One Pyro Spectaculars,Inc., production to be performed on July 4,2026 at approximately 9:00 PM at Centennial Regional park soccer field west of the park.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. • Application for specific pyrotechnic permits relating to the Production. • Insurance covering the preproduction and Production as set forth in the Agreement with the following limits: Insurance Requirements 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 Owned,Non-Owned and Hired Autos (Bodily Injury&Property Damage) Workers' Compensation Statutory Employer Liability $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-tip 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 ' setup and load-out dates,including water security to keep unauthorized people,boats,etc.from entering the Safety Zone. • 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 Uribe, Juan From: Chandler, Brandon Sent: Thursday, June 4, 2026 2:18 PM To: RMD Cc: Nguyen, Tu Tran Subject: RE: Request for Condtional Approval: Pyro Spectaculars, Inc. Hi Tu Tran, The insurance is conditionally approved so that we can make payment. We need to ensure that they produce the COI well ahead of the event though. Thanks. Brandon Chandler I Risk Manager City of Santa Ana - Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 JIM Office: 714-647-5472 I Work Mobile: 714-451-6620 I SANTA ANA Email: bchandlersanta-ana.orq I santa-ana.orq/human-resources --1869� Linkedln I Instagram City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website. From: RMD<rmd@santa-ana.org> Sent:Wednesday,June 3, 2026 4:25 PM To:Chandler, Brandon <bchandler@santa-ana.org> Subject: FW: Request for Condtional Approval: Pyro Spectaculars, Inc. Hi Brandon, Please see request below. Kind regards, i Tu Tran Nguyen I Risk Management Technician n City of Santa Ana - Human Resources Department 20 Civic Center Plaza I Santa Ana, CA 92701 Office: 714-647-5141 SANTA ANA Email: tnquven20(a santa-ana.orq I santa-ana.orq/human-resources Linkedln J Instagram City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website. From: Uribe,Juan <juribe@santa-ana.org> Sent: Wednesday,June 3, 2026 12:44 PM To: RMD <rmd@santa-ana.org> Cc: Hernandez, Rodolfo <RHernandez5@santa-ana.org> Subject: Request for Condtional Approval: Pyro Spectaculars, Inc. Good afternoon, PRCSA would like to request conditional insurance approval for the new agreement with Pyro Spectaculars for the 4th of July event.The agreement was approved by City Council on 6/2/2026.The vendor is requiring a deposit payment by June 11, 2026 so our aim is to provide that payment as soon as possible. We will work to provide the insurance as soon as it is available. The vendor will not commence any services until their insurance has been approved by Risk.Attached is the agreement and staff report. Thank you, Juan Magana Uribe I Management Aide City of Santa Ana, Parks, Recreation and Community Services ;l 20 Civic Center Plaza, Santa Ana, CA 92701 1 (714) 571-4276 I turibe(a�santa-ana.orq **City Hall is closed every other Friday. Click here for dates** 2 PYROTECHNIC PROPOSAL CITY OF SANTA ANA - PARKS, RECREATION AND COMMUNITY SERVICES AGENCY (PRCSA) INDEPENDENCE DAY FIREWORKS I SATURDAY, JULY 04, 2026 Approximately 20 Minutes $34,815.00 MAIN DISPLAY (2 ITEMS) DEVICE.NAME QTY TOTAL SHOTS 2.5" Designer Bombardment Shells 2 200 3"Designer Aerial Shells 4 400 Main Display Totals 6 600 LOW LEVEL (5 ITEMS) DEVICE.NAME QTY TOTAL SHOTS Diamond Line Multishot Device 3 30 Emerald Line Multishot Device 2 300 Ruby Line Multishot Device 1 26 Sapphire Line Multishot Device 1 49 Silver Line Multishot Device 1 49 Low Level Totals 8 453 GRAND FINALE (2 ITEMS) DEVICE NAME QTY TOTAL SHOTS 2.5"Aerial Display Shells Multishot Device 2 72 3"Designer Finale Shells 24 120 Grand Finale Totals 26 192 Order ID#: 10226-26-25A I City of Santa Ana May 11, 2026 I Confidential -Parks, Recreation and Community Services Page 3 of 4 Agency(PRCSA) . ,5 Total Items:9 _I Total Quantity:40 E Total Shots:1,245 Product Types:2 Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style. Order ID#: 10226-26-25A J City of Santa Ana May 11, 2026 I Confidential -Parks, Recreation and Community Services Page 4 of 4 Agency(PRCSA) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/6/5/2026 Y) 026 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: If 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 NAME: Trevor Thomas Brown & Brown Insurance Services, Inc. HCONE. Ext: (816) 474-3535 (FAX No: 300 North Beach Street E-MAIL trevor.thomas@bbrown.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Daytona Beach FL 32114 INSURERA:Scottsdale Insurance Company 41297 INSURED Pyro Spectaculars, Inc. INSURER B:Concert Specialty Insurance Company 17151 INSURERC:Arch Specialty Insurance Company 21199 INSURER D:Continental Indemnity Company 28258 3196 N Locust Ave INSURER E:Landmark American Insurance Company 33138 Rialto CA 92377 INSURERF:United Specialty Insurance Company 12537 COVERAGES CERTIFICATE NUMBER:PSI Prof 26/27 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DDNYYY MM/DDNYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAED A CLAIMS-MADE ❑X OCCUR PREMISES (E.oc ", 300,000 PREMISES Ea occurrence $ X Y MED EXP(Any one person) $ 5,000 CPS8408954 04/02/2026 02/01/2027 PERSONAL &ADV INJURY $ 1,000,000 M 'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED AUTOS X AUTOS X Y CSA80000000669-00 03/04/2026 02/01/2027 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIREDAUTOS X AUTOS Per accident $ $ C UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LAB CLAIMS-MADE UXP0057894-11 04/02/2026 02/01/2027 AGGREGATE $ 2,000,000 DED RETENTION $ X Y $ WORKERS COMPENSATION x PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE �� 37-525906-03-04 10/01/2025 10/01/2026 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? i N i N/A D (Mandatory in NH) Y E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Excess Liability LHA612268 04/02/2026 02/01/2027 Occurence/Aggregate $2M/$2M F Professional Liability GCT-1651485-02 01/13/2026 02/01/2027 Occurence/Aggregate $1M/$3M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Workers Compensation Policy States: CA, MO, MT, NY, OR, UT APPROVED Display Date: July 4, 2026 By Tu Tran Nguyen at 9:22 am,Jun 11,2026 Display Location: Centennial Park, Santa Ana, CA City of Santa Ana, its City Council, Centennial Regional Park, County of Orange, Orange County Fire Authority and their officers, officials, agents, employees, and volunteers are included as additional CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Parks, Recreation, & THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Services ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M-23 Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE John Newhouse/TRTHOM ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS insureds with respect to the General Liability, Auto Liability, and Umbrella Liability policies when required by written contract. Coverage is primary and non-contributory. Waiver of subrogation applies with respect to the General Liability, Auto Liability, Umbrella Liability, and Workers Compensation policies when required by written contract. 30 day notice of cancellation applies. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. ENDORSEMENT SCOTTSDALE INSURANCE COMPANY° NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M.STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS8408954 04/02/2026 INGRAM ENTERPRISES, INC AND AFFILIATES 05025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II—WHO IS a. All work, including materials, parts or equip- AN INSURED is amended to include as an additional in- ment furnished in connection with such work, sured any person or organization whom you are required to on the project (other than service, mainte- add as an additional insured on this policy under a written nance or repairs) to be performed by or on contract, written agreement or written permit which must be: behalf of the additional insured(s) at the loca- tion of the covered operations has been com- a. Currently in effect or becoming effective during pleted; or the term of the policy; and b. Executed prior to the "bodily j ro ert b. That portion of"your work" out of which the in- damage," or"personal and advertising injury." tended use by any person or organization The insurance provided to these additional insureds is lim- other than another contractor or subcontrac- ited as follows: for engaged in performing operations for a 1. That person or organization is an additional insured principal as a part of the same project. only with respect to liability for "bodily injury," 3. The limits of insurance applicable to the additional "property damage" or "personal and advertising insured are those specified in the written contract, injury" caused, in whole or in part, by: written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- a. Your acts or omissions; or its of insurance are inclusive of, and not in addition b. The acts or omissions of those acting on your to, the Limits of Insurance shown in the Declara- behalf. tions for this policy. A person's or organization's status as an addi- 4. Coverage is not provided for "bodily injury," tional insured under this endorsement ends when "property damage," or "personal and advertising your operations for that additional insured are injury" arising out of the sole negligence of the completed. additional insured. 2. With respect to the insurance afforded to these 5. The insurance provided to the additional insured additional insureds, the following exclusions are does not apply to "bodily injury," "property damage," added to item 2. Exclusions of SECTION I— or "personal and advertising injury" arising out of COVERAGES: an architect's, engineer's or surveyor's rendering of or failure to render any professional services This insurance does not apply to "bodily injury," including: "property damage" or "personal and advertising injury" occurring after: Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright, ISO Properties, Inc.,2004 GLS-150s(7-06) Page 1 of 2 a. The preparing, approving or failing to prepare written contract specifically requires that this insur- or approve maps, shop drawings, opinions, re- ance be primary. ports, surveys, field orders, change orders or drawings and specifications; and When this insurance is excess, we will have no du- ty under SECTION I—COVERAGES to defend the b. Supervisory, inspection, architectural or engi- additional insured against any "suit' if any other in- neering activities. surer has a duty to defend the additional insured 6. Any coverage provided hereunder will be excess against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the over any other valid and collectible insurance avail-able to the additional insured whether primary, ex- additional insured's rights against all those other cess, contingent or on any other basis unless a insurers. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc.,with its permission. Copyright, ISO Properties, Inc.,2004 GLS-150s(7-06) Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 24 53 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL AUTO CTCA2005 1116 CSA80000000669-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED COVERAGE REQUIRED BY INSURED CONTRACT, WRITTEN AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following are added as "insureds" under a) an expressed provision of an insured Covered Autos Liability Coverage, Who is an contract or written agreement; or Insured: b) an expressed condition of a written permit issued to you by a governmental or public d. Any person, organization, trustee, estate or authority. governmental entity with respect to the 2) The bodily injury or property damage is caused by operation, maintenance, or use of a covered an accident which takes place after: auto if: a) you executed the insured contract or written 1) You are obligated to add that person, agreement; or organization, trustee, estate or governmental b) the permit has been issued to you. entity as an additional insured to this policy by: CTCA2005 1116 Insurance Company, 2020 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. WC 00 03 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. ( ) Specific Waiver Person or Organization Job Description 2. (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 10/O1/25 Policy No.37-525906-03-04 Endorsement No.30 Insured Pyro Spectaculars Premium 2,500.00 Insurance Company Countersigned By Continental Indemnity Company (Ed.4-84) 9)1983 National Council on Compensation Insurance. POLICY NUMBER: CSA80000000669-00 CTIC1004 0916 SCHEDULE OF NAMED INSURED(S) Ingram Enterprises, Inc Pyro Spectaculars, Inc CTIC1004 0916 Page 1 of 1 POLICY NUMBER: CSA80000000669-00 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured:Ingram Enterprises, Inc. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organ ization(s): city of Santa Ana, its City Council,officers,officials,employees,agents,and volunteers 20 Civic Center Plaza, M-23 Santa Ana,CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 A�S=TSDALE INSURANCE COMPANY°9 SCHEDULE OF NAMED INSUREDS Policy No. CPS8408954 Effective Date 04/02/2026 12:01 A.M. Standard Time INGRAM ENTERPRISES, INC AND Named Insured AFFILIATES Agent No. 05025 INGRAM ENTERPRISES, INC. DBA FIREWORKS OVER AMERICA IN RAM ENTERPRI E IN PYRO SPECTACULARS, INC. UTS-5P-1(8-96)