HomeMy WebLinkAboutPYRO SPECTACULARS, INC. (4)N-2023-076
INSURANCE ON FILE
Pyro Spectaculars, Inc. WC:-t!i '..'>. F,^)CEED City of Santa Ana
P.O. Box 2329 a "�('E EXPIRES Program A
Rialto, CA 92377 July 4, 2023
Tel: 909-355-8120 :::: Fax: 909-355-9813 Pa_c I of
S) (s ttil PRODUCTION AGREEMENT
x^7 This agreement ("Agreement") is made this I.5 day of M ny eM .20 23 by and between Pyro Spectaculars, Inc-, a California
ucorporation, hereinafter referred to as ("PYRO"), and City of Santa Ana, hereinafter referred to as ("CLIENT") PYRO and CLIENT are sometimes referred to as
N "Party' or collectively as "Parties" herein.
L Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production'), and PYRO accepts such engagement
r upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and
Lr incorporated herein by this reference.
LI PYRO Duties—PYRO shall provide all technic equipment, trained rotechnicians, shipping, technic products, application for
P pyrotechnic PYpyrotechnic P
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 an its pan to be performed, including preproduction services, all as mom 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 pan of this Agreement as though set
forth fully herein.
12 CLIENT Dulles — 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 m 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.luly 4. 2023 at approximately 9:00 PYI, at Centennial Regional 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 S28,650.00 USD(TR'EN'fY-EIGHT THO L SAND SIX II U NDRED VI FTY DOLLARS)
("Fee") for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 % of the Production Fee S 14325.00 US
(FOURTEEN T11OLSAND THREE HUNDRED TWENTY-FIVE DOLLARS) plus estimated permit and standby fees, and otherregulatory costs
approximated at JR0.00 OR an amount to be determined, for a total of S 14325.00, upon the execution of this Agreement by both parties but no later than Aprtl
3 20_23. 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 duty S. 2023. 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 Pyre, is set fort[ 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 he 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 amused 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. Securi -CLIENT shall provide adequate security personnel, barticades, 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.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of Santa Arta
Program A
July 4, 2023
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 be 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/activity or land use permits or any permission or permit required by any Local, Regional, State or Federal Government.
9. Insuranea- PYRO shall at all times during the performance of services herein ensure that the following in mince is maintained in connection with
PYRO's performance of this Agreement: (I) commercial general liability insurance, including products, completed opemlions, 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 fnum 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 are 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.
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 mid 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
or the Production and the presentation Ihemof to Ilse extent Stich are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or
employees. CLIENTshall indemnify, hold hammlcss, and defend PYRO from and against any and all claims, actions, damages, liability and expenses, including
but not limited to, allomey 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.
11. 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 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. Porce whijeure -CLIENT agrees to assume tie 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 l4, 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 reneipt. 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 tlreworks 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 Lith 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 dale. If CLIENT exercises this option,
CLIENT agrees to pay to PYRO, as liquidated damages, the following pementagas of the Fee asset forth in Paragraph 3.1, 1) 50%if cancellation occurs 3o 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. 1% loins Ypnture -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as faring a partnership or
joint venture between CLIENT and PYRO. PYRO shall based 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, Anniteable Law -This Agreement and die 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 forovemight delivery to 3196 N.
Locust Avenue, Rialto, California 92377. CLIENT —Cfty of Santa Ana 20 Civic Center Plaza Santa Ann CA 9270L
PSI V-2021-2
Pyro Spectaculars, Inc. City of Santa Ana
P.O. Box 2329 Program A
Rialto, CA 92377 July 4, 2023
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page I of 4
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. Severubilitr —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 faxed and entailed copies, each one of which shall be deemed an
original against die Party executing same. This Agreement shall be binding upon the Panics 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 accepmnce by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. bithe event it is not
accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.
PRICE FIRM through April 3, 2023
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date lust written above:
PYRO SPECTACULARS, INC.
By:
Its: President
President
Data V an
SHOW PRODUCER: Marco Montenegro
City of Santa Ana
Its: City Manager
Kristine Ridge
Print Name
Date:
Approved as to Form:
Sonia R. Carvalho
By:
Bran on Salvatierra
Deputy City Attorney
Attest:
nnifer H
City Clerk
and
Recreation
Agency
PSI V-2021-2
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
City of Santa Ana
("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
City of Santa Ana
Program A
July 4, 2023
I'a.c 4 o l' 4
• One Pyro Spectaculars, Inc., Production on July 4. 2023, at approximately 9:00 P.v at Cemennial Reeionat Parks car f eld
West of arlp c. Fairview S[ 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 MC590 explosives transportation coverage, parking, security, and
maintenance.
• Application for 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 Agnirexleats Limits
Commercial General Liability $5,000,000.00 Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Business Auto Liabif-Lty-- $5,000,000.00 Combined Single Limit- Each Occurrence
Owned Non -Owned and Hired Autos (Bodily Injury & Property Damage)
Workers' Comnensation Statutory
EmploverLiability $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 V-2021-2
Garcia, Stephanie
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Thursday, April 6, 2023 3:37 PM
To: mmontenegro@pyrospec.com; Sangenito, Cindi; Leon, Monique; Garcia, Stephanie
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Pyro Spectaculars Inc
Name:
Project 2023 Prod Agreement
Number:
Project July 4th Firework Production
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME
NUMBER DATE
AUTOMOBILE LIABILITY
S18CA00031231
01/13/2024
01/30/2023
Excess Liability
PyroSpectaculars.pdf
EMPLOYERS LIABILITY
93257972022
10/14/2023
03/24/2023
Santa Ana, City of
COl.pdf
Santa Ana, City of
GENERAL LIABILITY
CA00000277137
01/13/2024
03/21/2023
Proposal 7-4-
2023. pdf
WORKERS COMPENSATION AND EMPLOYERS'
Santa Ana, City of
LIABILITY
93257972022
10/14/2023
03/21/2023
Proposal7-4-
2023.pdf
Thank you,
City of Santa Ana
Risk Management Division
1