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Home My WebLink AboutPYRO SPECTACULARS , INC. 2 -2002 \. ~ INSURAHC[ ,Mm ON filE WORK Mfi\ liQI PROCEED milK OF COUNCil tMTE: '5 ~ 20 -0 a. ~..~sJ t==1 N. I) TH[S AGREEMENT. entered into this 1. (J ib ~ay Of~ California corporation hereinafter referred to as "PYRO" and rity of Sa nta Ana PYRO SPECTACULARS, INC. Display Agreement N_2002-052 oZ--- 20Q.1. by and between PYRO SPECTACULARS, [NC., a hereinafter referred to as "PURCHASER. 2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, ---L- fireworks display as per Program ----'L- , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take charge of and, along with sufficient helpers, safely discharge the display. The said display is scheduled to be performed on J ulv 4, 20QL at Centennial Park. Santa Ana 3) PURCHASER, at its own expense, agrees to provide to PYRO: A) A suitable DISPLAY S[TE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection, roping, fencing andlor other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY S[TE. C) The services and cost of standby firemen andlor any applicable permit fees as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all times, to the D[SPLA Y S[TE to set up the display. If PURCHASER fails to fully comply with requirements A, B. C andlor D set forth above, PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display ("Spectator Area") andlor an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring that the Parking Area is safe for use; H) Have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly ab'feed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and J) After completion of the Display, that the Display Area is cleared of any live firework debris originating from the program. 4) PURCHASER shall pay to PYRO the sum of TEN THOUSAND-------------------------------------------DolIars ($ 10.000.00 ). A deposit of $ 0.00 and fire department fees approximated at $ 61.18 must be paid by Julv 5. 2002 . Full fmal payment of $ 10.000.00 is due on the first regular business day after the date set for the display. A finance charge at a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance after ten days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO to receive and verify fmancial information concerning PURCHASER from any person or entity. 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display. [t shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. [fthey are unable to agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display, as provided in the following paragraph. 6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this option, PURCHASER agrees to pay to PYRO, as liquidated damages. the following percentages of the agreed contract price. I) 25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set-up ofthe display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set forthe display, PURCHASER agrees to pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents including but not limited to music/narration tape production andlor Sponsors logos. (continued on reverse) 4th of July Spectacular-Signature Page IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ~~c5~~ -.JCf"\ PATRICIA HEALY, 1) Clerk ofthe Council . APPROVED AS TO FORM: I~ ~ JOSEPH FLETCHE City Attorney RECOMMENDED FOR APPROVAL: Jo IP" Ribble, Executive Director Parks, Recreation & Comm. Services Agency CITY OF SANTA ANA, CALIFORNIA a municipal corporation of the State of California APPROVED AS TO CONTENT: P 0 Spectaculars, Inc. By: 0;( </,v ~~~ ~ Jun 26 02 10:51a PRCSA ~/'bl'~~ 08:45 ge9-355-9813 , . 5714211 PVRO SPECTAa.LARS p.2 PAGE 011el 1NSUJUN(i COMPANY ADMIRAL INSURANCE COMPANY _.. eoHt4 .," C...,..,..l SlOJOlt8PIZNT No. 16 TO I'OUCY NO. 1.0]1025551 URCTt\'E DA.'B Ollll/2llO2 NAMED INSUUIl pVll.O SP'ECTACUURS INC 'lpJof 1 It i. aped lhe Collowi... lie included u IddiIianaJ iallUl'ldl ha~nder: Spomun, JlIlIdowncn, bargeownen aadIor licauia& aulhoritlc. with teeped to ~lIDI o(the ......ed ill8lnd in ._11011 witll the pnplnlion Ibr. !he lIriDs of; or c........ fallowhta: Iileworb diepl'Y'!*fonned by the ..-d iMUled or 1M _ed inl1lrlllh _pia,.,.., aDd 10 whom cerllficate(.) ofilllUraocc are iuued which IpeCify dale(.) and loeatiOl\(') ofaach dilp""" The l;Oycrage afforded SlICb Addilion.llnJund. do.1IlIt 1pp1r to injury or damage arising f/Olll the railllre of allY such Additio...l tllSU~ 10 IillfiU ita obJiallliona Ipeciftcd in iu coa1nlct with the Named IlIIuml. -- .-------- , FB' ?I FB' Ai: 0006 09 94 APPRQ.VED AS 1.. o FORM Mic a 1 Vigliotta Deputy City Attorney 04}05/199"" 23:29 . 71 d-571-4235 RECREATIN & COMM SVS PAGE 05 _ CI!NI'EIl POINT ROAD. !lVIT1lJII. BIRNlNGHAM,Al.AllUIA _ 'IBLEPHONB: (2011) ....- DRAYI'ON INSURANCE BROKERS, INC. POST OFFICE BOX _, BIllMINGHAM, A1AB.UL\ 35220 PAX: (205) tlM-S1l9'.I CERTIFICATE OF INSURANCE NO. 281602 w. comfy _ ;........,... oulIinod bolo.. is IIflbnIod rho Nam'" Insured undotpOIi"1' A02EG2ll58 is,ued by Admirall..u,,,,,,, Company. NAMED INSURJ;D Pyro Sf.H -.I~ Inc. AIIro ~i.. P.O. Box:m9 R_ CoIlft..ri. 9U77 PPA S.........I... North Amelioan Fi..wor!u Co. (NAFCO) Son Oi.... FirowoRo pyro S~III C........ln.. PERIOD J_ 11,:lOO2 ",J..IWY 12, 2003; 8.... okys inclusiv.. COVERAGE C_ Clonond Liability. Covenn. "-;0$' do: IepI Iiobility ofdo: Nomed Insun:d fb<ll<>dily InjulY ..d PnIpofty ilIImlIC" <<<Psed by. OT orisinllrom. the p'_llion fo" lhe firinl of. 0< m. .1......'" following fi~ dltpIty(s) "-" botow. ~IMITS Of I.lARIUTY A)kh~ 8) _.. C-Plolood o,-iono......- 81,000,000 81,000.000 The IIIIdltion ofl'hORl th_ one io,urcd doll IIOE serve to incrase the limilS of liabilitY. I, i. .cnilled dw, in __co witb,.,d S1lII.jOOl"" .... mms oflll. above policy, the fOllowing SPONSORS AND PROPERTY OWNERS AND I.QNSING AUTHORJT1ES.. incI...... Atlditiornd h.ured($), bm only in respc:a: ofdte lepJ Uabmty of such Addi~ionllllnsuredI5) for Bo~iJy !njDl)' .... ~ o..n,. -" ~ Ill. opmti... ofllle N_ Insured in connection with the firing of the filOWOrU ~i.play(') "..cd bel.... 11Ie i.........1IflbnIod lay AddiIl",,", Insultd docs not .,cJude 00_ fo, any illiulY or damaa< ari,ing from Ih. railure or ,u,h Additional _ .. lIdlUl iu obIillllon> .,..iIied in .1lI _ willl tIte N_ Jnsutod. NAME .I: ADDRESS OF INSURED SPON!lORS PROPERTY OWNERS, LICENSORS City of SaD.. Au S8S West Santa Ana Blvd. Suite 200 SlInla Ana, California 9270 I ADOITlON& INSUREO(S), CIIf olSM.. AIlIl, and Couaty of O"'.le, and their officers. agents and empIoyoas whon acting in their official capacity as such DISP~ Y LOCATION CenteDDIaI Park, SaD.. A-. C.-ronia DISPLAY DA TE(S) July of, 2001 This il15W'InCe appliq ..........ically If.. dlbc:ribcd di!llplllY is fj~ MIRY altanltivc dBle becllllSe of CMOitl1elion on the date: shown dye (0 we"",er or Od1e< ,...., _",IN NO EVENT WILL COVERAGE APP~ Y TO BODILY INJURY OR PROPERTY DAMAGF. SUST AJNED AfTER Jonuory 12.2003. This c:ertificare is n(It... inmwtCI poky lAd bs not in tIIIy way amend, exlt:l'ld Or aIt1:r the QOVcrlic afforded by the policy li:oiled _howe, FQr panicullJS ctll'tumin! "'c (crmJ, exclwkm IRd conditions of sllCh -policy each Additionalln5ured is referred 00 lhe policy dQCumcnt.s in the prni!5e~iOl\ otltle Named lnswed. SlIoI'41h. above d..;ribed policy be cenceUed before the ~ir1dion dBtc: mercof. the issuing compll1)' wilt mail 30 days. prio< writ1l:n """... 10................. A4~ilionaIl..uted. DRAYTON INSURANCE BROKF.RS. INC. APPROVED A' " . STRINGER. PRHSID CAUPQRNlA LICENSE O. U1\ 186ll'4 FORM June 1 2002 DAn: OF rSSUll: Michael igliotta Deputy City A Horney