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HomeMy WebLinkAboutPYRO SPECTACULARS, INC. 4 - 2016 City of Santa Ar , ci av1 ' 1- Clerk of the Coun_., coi c Office Use Only AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all � (� `� 12 amendments (if any) are no longer in effect. Note: If your agreement is grant related,please ensure that all grant retention requirements `'L�,;„ F ;` have been satisfied prior to signing the termination form. CITY o' ��` 1 A �.�' CLIRMI OF OO� ,s,: b"s I 1,11 1`I�.� Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. • • • /� The agreement with _ i2 .- /Jt 01416'%/9/.1% "0 'a/ No. N-2016-051 was completed on 7//Sii L{ and final payment has been made. (List all amendments. Use space below if needed.) Department: \ k r Phone/Ext.: : 1-_S� Signature: J�c_OvGtiC-L,'F,U 0s.,Th Date: C1 6,-YI 1 ti Revised:01-07-16 I,i`01MIIMH OR FILL, N-2016-051 ilbOdI{ MAY PROCEED Pyre Spectaculars, Inc. / — o City of Saints, Ana P.O. Box 2329.. - ---- Program #A Rialto, CA 923'77 QOF riOU1,101 July 4, 2D16 Tel: 909-W-8120::�: Pax: 909-355M1. APR 2 9 2016 Cage I oro O. PRCS (/) PRODUCTION AGREEMENT Silvia Cuevas Ttds ngteomomi ("Agreemnnf') is mode this -"-9. LLL—day of Feb z,—,y,(j by and detween Pyre Spectaculars, Inc., A California corporation, hentomfeir referred to as ("PYRO"), and City of Santa Ana, hereinafter referred to as ("CLIENT"). PYRO And CLIENT are lannefimes referred to As "Pnrty" m eolloctiveiy As "Parties" hesin. I. ,�,>�yggtdj+„9y1,- CLtEAt'C hereby angnges PY124 to provide to Ct;FGiNT one i3tcworks produetSan ("Pttu3notion"}, mxi PYRQ accepts sack eubpgsrnont upon all of the promises, terms and conditions hooduafar set forth. The Production shall bcsuntirea ly, as outlined in Program IN',attached hereto and incorporated herein by this reference, 1.1 PYRO Duties-PYRO shall provide all pyrotechnic equipment, trained pyroteclmicimhs, shipping, pyrotechnic products, application fix specific pyrotechnic permits (the cost of which, Including standby fees, shall be paid by CLIENT) rotating to the Production, insurance covering the Production and tits other things on Its part to be prrfmmed as more specifcAlly.set forth below in this Agreement and in the Scope of Work ("Scope of Work"), attached hereto, Ineorpora0ed harem by chis tellemace, and mado n part of this Agreement as (hood set forth fully hereto. 1.2 MIEN"C Ilui'tes- CLIENT shall provide to PYRO a suitable site ("Site") for the Pemoction, security for the Site as set forth in Paragraph b hereof', access to the Site, ally permission naoassary, to utilize the Site for the Production, And die other things on Its part to be performed as motro specifically set forth below in this Agreement cad in the Scope of Work, All Site anwnguntoats ores subject to PYRO's reasounble approval As to pyrotechnic safety, suitability, ani security. All other conditions of the Site shall be the rosponslbility Of CLIENT, including, but not limited to, access, use, criminal, parking and general safety with respect to the public, CLIENT personnel and Other contruehms. 2• TlEta and PF¢ea-The Production shall take Placa On'Sriy,•4•,� , at Approximately MI Ii at,Qu aaids), I„llail-,r Dried 'occou,t't Llggsii' roti •If Iwisr+ , a'*'],udiLAAtits. A,Sita 3.1 Rhe CLIENT agrees to pay PYRO a fee of $2tN04f Op USD (;I`)N" „�„I(t1�[ , '�,I,a(>, ,,t } ("Fee") for the Promedimr, CLIENT shall pay to PYRO $ .tH4(1.dfl USD {'I`CaN'.fl101tSnk3ellY G)D i;1;AYY5') of the File plus estimated permit and swrxiby fees, specified production costs, and other regtdatory casts approximated at,'6 IMOR an armee l to be determined, for A total of ` 07 J}Q, its A dupoilt ("Deposit") upon the exeoutlun of this Agreement by both parties but no later The balance of the Fee shall repaid no later f nucrl,,,(ly„;•7, g, CLIENT maborlaes PYRQ to meelve ami verify orerlit and financial Information concerning C hAVINT goal any agency, person of entity including but not limited to creditreperilimg agencies, 'rho "li ICK FIRM" date, the date by which the executed Agresinenf mustbe delivered to Pyro, is set forth In paragraph 20. 7.2 Interest In the events that the Fee is ompoid in it timely manner, CLIENT will be Ynsprrnsihle for the payment of I,Svo interest par manall or 18% Annually on (tic unpaid balance. Irfligation raison out of this Agreement, the prnvailing party shall be entitled to reasonable cents mounted to connection Will) (110 htigntion, including, but not limited to aacrnays' fees• 12 QRs ,- PYRO shall pay all narnml expenses directly related to the Production including ti'eight, insurance as outlined, pyrucclmie products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge dm pyrorielemcs and those additional items as outlined as PYRO's ceapnnsibhity in the Scope of Work. CLIENT shall pay all costs refund to the Production not supplied by PYRQ inclndiny, but nut Interest to, those items outlined as CL1EArl"s responsibility in this Agreement and Scope of Werk. A UjgRro i*bl-PYRO represents anti warrants Boat it Owns alt copyrights, including perforlorri lights, to this Production, except that PYRO does not own CLUINT-owned mtneriai Air da3rdyrartji material unit has boon included in the Production, and as to such CLIANT•owned and third-p irty- owned shad rod, CLIENT assumes Poll responsibility mhemfere. CLtF.PdT alines that PYROsbaii n min o wnti a bli of, and ail copyrights and other rights to, the Production, except Lhal PYRQ shall not Aquila or retain any ownership or other rights in or to CLIENT nwneai material and flood-party-owned motel lot And shall not but rosponsibia in any way for such mafurim, If applirabin, UNNI currents to the use of CIAENT-owned material and represents thin it has or will obtain any permission from approp lisle gird parties aittTldio at m Authorize public exhibition or any such material in connection with this Production. PYRO henarvos the ownership rights bit its trade nacres that are used in or are a product or the Production, Any reproduedarl by sound, video or Other duplication or recording process without the express written permission of PYRO is prohibited, S, Sifter PYRQ and CLIENT shall each comply with applicable Federal, slate and loci] laws and ncgmadons And employ safety programa end n easmvs oonnistom with recognized applicable industry standards and practices. At All times before and during the Production. it shall bO within PYRO's sole discretion to determine whether or not the Production may, be snfoly discharged or continued. It shall nor cotratludA it breach of this Agmement by PYRO for tirowerks to fail Or malfunction, or for PYRO to determine that the Production cannot be discharged or Anointed ns a result of any conditions orcirconna ices affcclhng safaty beyond the reasonable croatrol of PYRO. 6. S ori-CLIEN`I ilial] pxocide adequaa: ;enu:rity per..*,00neS, lranzeades, and Police Deprulms+tit xervices as racy be nv^cssarY to pmdvlia indlv;duals mini tlms those anrhnriaool by PYRO gain caroling an area hn ern dea4gna#ed by PYRO as iho wren for au ser-up and discharge of the Pite o dinic ine;uding o Falkwt lima satisfactory to PYRO where the pyetechniex may safety rise anti any debris may nobly fall. PYRQ shop have no responsibility for tnrovowing or coniroflum CL (ENT's othorcaanacmrs, providers err volunteers; the public; cocas to which oleo public or contracat" have access; orally ether public crswntractmr facilities Associatul With the Production. 7. Clereas. - PYRO shall be responsible I'or oho tmnoval or all equipment provided by PYRo caul clean up of Any live pyrotechnic debris made mroesieny by PYRO. CLIENI shall be responsible far Aly Other clnnn up which may be required of the Production orsehup, di.schargc And Fallout areas including any covin milomal clean lip. PS V 1=2c Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Santa Ana Program #A July 4, 2016 Page 2 of 4 S. Permits - PYRO agrees to apply for permits for the filing of pyrotechnics only from the ORANGE COUNTY FIRE AUTHORITY, PAA, and USCG, if required. CLIENT shall be responsible for any tees 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 Fisc Departments, road closures, event/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: (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 hour CLIENT's negligence or willful conduct or fiom failure of CLIENT to perform its obligations under this Agreement, coverage fmwhich 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 are trained 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. 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 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/u' damage to property, arising four 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. 11. Limitation of Danames for Ordinary Breach - Exceptin the case of bodily injury and property damage as provided in the insurance and indemnification provisions of Paragiaphs 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 TYRO beyond the amount CLIENT has paid to TYRO 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 Majeure -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 Product a. If, for any such reason, TYRO 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 TYRO 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 Or 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 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 not 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 Pee asset forth in Paragraph 3.1. 1) 50% if cancellation occurs30 to 90 days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100010 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 reasonablc estimate of the damages PYRO will suffer if CLIENT cancels the Production. 15, No Joint Venture -It is agreed, nothing in this Agreement or in PYRO's perfomranec of the Production shall be construed as forming a partnership of joint venture between CLIENT and TYRO. 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 audhoritics havingymisdietion orby 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—Pym Spectaculars, Inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N. Locust Avenue, Rialto. Cnlifomia 92377. CLIENT City of Santa Ara' 20 Civic Center Plaza Santa Ana CA 92701 PS V 1-2c Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120:::: Pax: 909-355-9813 City of Santa Ana Program #A July 4, 2416 Pagc 3 of 4 18. Modification of Terms —All terms of the Agreement are in writing and may only he modified by Milian agreement of both Parties before. 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, Soverability —If them is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT'S obligations under this Agreement. This Agreement still]) 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 maybe executed in several counterparts, including faxed and emailed copies, each erre of which shall be deemed an original against the Party executing" file, This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and assigns. 20. Price Pint — If any changes or alterations are rondo by CLIENT to this Agreement or if this Agreement is not extended by CLIENT slid delivered to PYRO on or before the PRICE FIRM date shown below, then the price, date, and scope of the Production are subject to review and acceptance by PYRO for a Period of IS 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 7, 2016 EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE. See PRICE FIRM conditions, paragraph 24, above. EXECUTED as of the date that written above, PYRO SPECTACULARS, INC. Its: President SHOW PRODUCER: Brendan McKetu cy ATTEST: Maria D. Buiaar A Clerk of: Council RECOMMENDED FOR APPROVAL: a: -e,-4 Gerardo Monet Executive Director Parks, Rekrpiation & Comunity Services I'S V 1-2e fifty of Santa Amn Its; City Manager David Cavazos Print Name APPROVED AS TO FORM: .O in M. Funk Assistant City Attirney Pyro Spectaculars, Inc. City of Santa Ana P.O. Box 2329 Program #A Rialto, CA 92377 July 4, 2016 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 on July 4, 2016, at approximately 9:00 P.M. at Centennial Regional Park Soccer Field west of park; Fairview St. Santa Ana, CA. • All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product. • Application for specific pyrotechnic permits relating to the Production. • Musical soundtrack for the Production supplied in agreed upon format. • Insurance covering the Production as set forth in the Agreement with the following limits: Insurance Requirements Limits Commercial General Liability $1,000,000.00 Combined Single Limit- Each Occurrence (Bodily Igjmy & 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 Em lover 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-up crew. All these additional personnel and services shall be fully insured and Lire 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 credemialing, etc., will be required as necessary. PS V 1-2e City of Santa Ana PROGRAM . 4pi, y;. 2016 .i $20,000.00 Description Quantity ♦ 3" Souza Designer Opening Salutes 25 Shots Main Body -Aerial Shells Total of Opening 25 Description quantity ♦ 3" Souza Designer Selections 250 Shots ♦ 4" Souza Designer Selections 170 Shots Total of Main Body - Aerial Shells 420 Pyrotechnic Devices Desco -uW42? quantity t Sousa Diamond Line Custom Multishot Device 1400 Shots ♦ Sousa Emerald Line Custom Multishot Device 300 Shots Total of Pyrotechnic Devices 1,700 Grand Finale Desc�ri,pt ion Glu_ _entity ♦ 3" Souza Designer Bombardment Shells 90 ♦ 4" Souza Designer Bombardment Shells 90 Total of Grand Finale 130 Grand Total 2,325 DRAYTON INSURANCE BROKERS, INC. _ 2500 CENTER POINT ROAD, SUITE 301 POSTOFFICE BOX BOX 94067 BIRMINGId M, ALABAMA 35215 BIRMINGHAM, ALABAI4IA 35220 TELEPHONE: (205) 854-5806 FAX: (205) 854-5599 CERTIFICATE+' OF INSURANCE No. 610035 We certify that insurance is afforded as stated below. This Certificate does not affirmatively or negatively amend, extend or filter the coverage afforded by the insurance policy and the insurance. afforded is subject to all the terms, exclusions and conditions of the policy. INSURER Admiral Insurance Company POLICY NO. CA000002771-30 NAMED INSURED Pyro Spectaculars, Inc. Pyro Spectaculars by Souza Pyro liven", Inc, Pyre Spectacular Industrie" file. Pyro Spectaculars Productions, Inc, North American rireworks Co, Inc- (NAFCO) P.O. Box 2329 San Diego Fireworks Rialto, Gilifomia 92377 POLICY TERM January 13, 2016 to January 13, 2017; Both Days 12:01 AM. Standard Time COVERAGE Commercial General Liability: 0 Occurrence Basis ❑ Claims Made Basis LIMIT OF LIABILITY $1,000,000 each occurrence, .$2,000,000 general aggregate, $2,000,000 products/completed operations aggregate The limit of liability shall not be increased by the inclusion of more 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 spi nsor(s), promoter(s), organizer(s) (including other entities having similar interes(s), of insured pyrotechnic events and/or 2) the owners) of real property (or barges) at which insured pyrotechnic events are held and/or 3) the owner(s), manager(s), tenant(s), mortgagee(s) (including other cutltles 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 eontrnct Coverage applies only as respects the legal liability of such Additional Insureds) for bodily inimy 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 :rising 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, It's Officers, Employees, Agents, Volunteers and Representatives 20 Civic Center Plaza Santa Ana, CA 92701 ADDITIONAL INSURED(S): City of Santa Ana, County of Orange, Orange Comity Fire Authority and their officers, agents, employees and volunteers when acting in their official capacity as such. The Coverage afforded the additional insureds asset forth in this certificate shalt be primary and non -c ibutory with respect to any insurance carried by such additional insureds. Po 1 DISPLAY LOCATION DISPLAY DATE(S) Centennial Regional Park Soccer Field July 4, 2016 Santa Ana, CA It is certilied that this policy requires a 30 day mutual notice of cancellation between the Insurer and the Named Insu d. In the event of such cancellation we will endeavor to mail 10 days written notice to the Additional hismcd(s), whose name and address is shown hereon, but railure to mail such notice shall impose no obligation or liability of any kind upon the insurer and/or the undersigned. DRAYTON INSURANCE BROKERS, INC. February 11, 2016 DATE OF ISSUE A..STRINGRR, PRESIDER: „ tiD DATE (MMIDDIYVYV) CERTIFICATE OF LIABILITY INSURANCE 2/11/2016 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 Policyiies) 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 PRODUCER INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS NAME: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Britton Gallagher LTR TYPE OF INSURANCE INSR f'NVDi POLICY NUMRER MN110DIYYYY lal LIMITS PHONE -- -- VAX_ wtc.NP.Exu.216-6@6-7100 nrc, Ngt:216-6oQ-71.01. -- One Cleveland Center, Floor 30 _ EMAIL 1375 East 9ih Street $ ADDRESS: Cleveland OH 44114 _ __. INSURER(S)AFFORDING COVERAGENAICN 1111_.. ...__ ... _.._ INSURERA>__Y_@L&St.I�.dtL4S1aUr1S11LaJ1Ce_.reOmpEi-Dy-- ll -1111.. INSURED INSURER a'j,/jaxkurn-Rdamnity.Company__. 6743 Pyro Spectaculars Inc. INSURERC. _ _ __ _.__ CLAIMS MADE L ._ OCCUR San Diego Fireworks P. 0. Box 2329 $ INSURER --.. Rialto CA 92377 INSURER E _. PERSONAL &ADV JNJU RY4.-_$ INSURER F: COVERAGES CERTIFICATE NUMBER: 1411404927 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. 111_1._-AbuLi'UBRi__.._- ..._._....... .-111. � ____ .1.1.1___......_.. -I'll --- 1_ POLIGVEFF f POLICY ` __ EXP --- I'll, . 1_ LTR TYPE OF INSURANCE INSR f'NVDi POLICY NUMRER MN110DIYYYY lal LIMITS I GENERAL LIABILITY i EACI i OCCURRENCE $ DAMHGE TO f2ENTED COMMERCIAL GENERAL LIABILITY PREMISES LEB �ecurrennxt _.__ CLAIMS MADE L ._ OCCUR _- MED EXP (Ary a par n) $ I, PERSONAL &ADV JNJU RY4.-_$ GENERAL AGGREGATE $ _ 1GEN AGGREGAI E LIMI r\PPLIES PER —1 I f PRODUCI'S -(.OMP/OP ACG l POLICY 1 I i IOCSINCLE ! I ,;.$ --- )$ Au ,IE,V,7 I AUTOMOBILE LIABILITY t S18CA00031-161 1/13/2016 1/13/2017 t L (ET ar oa,tl_ ,X ANY AUTO_ i BODILY INJURY (Perperson) _J ALL OWNED ChIEDULED ( ! BODILY INJURY (Per amnart)j $ _ AUTOS ,Y AUTOS NCN-OWNED X I IXJ ( PPCPEf'+TV Dh\hiGE - �T - $ HIRED AUTOS AUTOS I \P3r d020en1Z _I ___ "$ 8 UMBRELLA LIAR jX 1OCCUR 1 _ EXC6017995 _ 11/1312016 1/13/2017 EACH OCCURRENCE --__ - $4,000,000 X EXCESS LIARGLAIMS MADE 1 _jOED I AGGREGATE N l — _-- $4000,000 ---- — RETENTION $ $ I WORKERS COMPENSATION - I WC STAiII OTH AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERVEXECUI'IVE EL EACH ACCIDENT IM OFFICEREMBER EXCLUDEW (Mandatary In NH) ❑ NIA EL DISEASE EA EMPLOYEE - $ If yaer a, describe und DESCRIPTION OF OPERATIONS below ! ;EL L. DISEASE POLICY LIMIT $ I � I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddIllenal Remarks Schedule, if more space is required) .1 1?1e4`e�e U LK I IrlVAI t City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92703 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 / The ACORD name and logo are registered marks of ACORD TION. All rights reserved. Policy Number: CA000002771-30 CG 20 26 07 04 Endorsement No.I 10 Effective Date: February 12, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name City of Santa Ana, its officers, agents, employees and volunteers as additional insured. if not Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. 00� e6 Gtr CG 20 26 07 04 rO ISO Properties, lna, 2004 Page I of 1 0 Policy Number: CA000002771.30 AI 08 76 02 03 Effective Date: 01/13/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED 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 that the following entities are included as Additional Insured(s) hereunder: 1) Sponsor(s), promoter(s), organizer(s) (including other entities having similar interests), of insured pyrotechnic events. 2) Owner(s) of real property (or barges) at which insured pyrotechnic events are held. 3) Owner(s), manager(s), tenant(s), mortgagee(s) (including other entities having similar in terests), of buildings, stadiums, arenas and similar facilities at which Insured pyrotechnic events are held. 4) 'Be licensing or permitting authority, or other authority havingjurisdiction, issuing Ii tenses/permits for insured pyrotechnic events. 5) Any other entity for which the Named Insured is contractually obligated to provide insur- ance such as is afforded by the terns 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 Insured(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. AA Q�G Al 08 76 02 03 Page 1 of 1 Policy Number: CA000002771-30 At 08 76 02 03 Effective Date: 01/13/2016 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 that, 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. AI 08 76 02 03 Page I of 1 0 POLICYHOLDER COPY RE P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02-11-2016 CITY OF SANTA ANA SD 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 GROUP POLICY NUMBER: 0803749-2015 CERTIFICATE ID: 1320 CERTIFICATE EXPIRES: 10-14-2016 10-14-2016/10-14-2016 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 afforded b-y--the policy described ooliicydescribed herein is subject to all the terms, /exclusions, /{jand conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2055 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-14-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PYRO SPECTACULARS, INC. so PO BOX 2329 RIALTO CA 92377 A , IP 13, SDI InEVJ-20 141 PRINTED : 02-11-2016