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HomeMy WebLinkAbout05238 - PYRO SPECTACULARS INC 2006 JULY 4 FIREWORKS DISPLAY PYRO SPECTACULARS, INC. Pyro Spectaculars Inc Display Agreement July 4tb Fireworks for 2006 A5238 � ����� MO 7822, 03-01-06 1) THIS AGREEMENT,entered into this , day of J�Gil'� 2006 by and between PYRO SPECTACULARS,INC., a California corporation hereinafter referred to as"PYRO"and _ _ City of Palm Springs, Recreation Division hereinafter referred to as"PURCHASER. 2) PYRO agrees to famish PURCHASER,in accordance with the terms and conditions hereinafter set forth, I fireworks display as per Program,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 July 4 2006 at Palm Springs Stadium Baseball Field; Palm Sprigs, CA 3) PURCHASER,at its own expense,agrees to provide to PYRO: A) A suitable DISPLAY SITE 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 and/or 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 SITE. C) The services and cost of standby firemen and/or any applicable permit fees as required by state and local statutes,ordinances or regulations. D)Access by PYRO, at all times,to the DISPLAY SITE to set up the display. If PURCHASER fails to fully comply with requirements A,B, C and/or 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")and/or 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 agreed 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: 1)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 Twenty Four Thousand)Nine Hundred Ninety Nine&Ninety Nine Cents ($ 24.9919.99 ). A deposit of$ 12,500.00 and fire department fees approximated at$ 00.00 must be paid by April 3, 1006. Full final payment is due the first regular business day after the date set for the display. A finance charge at a periodic rate of 1.5%per month, 18%annual percentage rate, or the maximum rate 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 financial information concerning PURCHASER from any person or entity. 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control,which may prevent the display from being safely discharged on the scheduled date,which may cause the cancellation 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. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time. If,for any reason beyond PYRO's control,including, without limitation,inclement weather,PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be cancelled,the parties shall attempt to negotiate a new display date,which shall be within 60 days of the original display date. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to agree on a new display date,PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display,as provided in the following paragraph. 6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises this option,PURCHASER agrees to pay to PYRO,as liquidated damages, the following percentages of the agreed contract price. 1) 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 of the display actually begins,4) 100%thereafter. If cancellation occurs prior to the date set for the display,PURCHASER agrees to pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents including but not limited to music/narration tape production and/or sponsors logos. (continued on reverse) PYRO SPECTACULARS, INC. Display Agreement 7) In the event PURCHASER cancels the display,it will be impractical or extremely difficult to fix the actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display. 8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited. 9) PYRO agrees to furnish insurance coverage in connection with the Display only, for the following risks and amounts: bodily injury and property damage,including products liability ONE MILLION DOLLARS ($1,000,000)combined single limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A)Failure of PURCHASER, including through or by its employees, agents and/or independent contractors, to perform its obligations under this agreement,including, without limitation,those contained in Paragraph 3 of this Agreement; B)Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A)and B) of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 11) In the event PYRO breaches this agreement,or is otherwise negligent in performing the fireworks display provided for herein, PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement. PURCHASER shall not,under any circumstances,be entitled to recover any consequential damages from PYRO including,without limitation, for loss of income,business or profits. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded to Paragraph 9 above. 12) It is agreed,nothing in this Agreement or in PYRO's performance of the display provided for herein,shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. 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. 13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display provided for herein. It is further agreed that the Central Judicial District of San Bernardino County,California, shall be proper venue for any such action. 14) 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. PURCHASER- City of Palm Surines: P.O.Box 2743,Palm Sprines,CA 92263-2743-July 4,2�-Program"A" 15) All terms of this 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. 16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's offices in Rialto,California. This Agreement may be executed in several counter parts,including faxed 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. PURCHASER recognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. In Witness Whereof the parties hereto, by and through their duly authorized agents, have set their ands and seals this day of t, 2006. X Initial Here Title PRESIDENT ' Purchaser is responsible for payment of I JAMES R. SCYUZA L fire department permit and standby fees, P 0 SPECTACU S, IN . if applicable. // / • Purchaser to provide firing site, !� Title �e�yei communication,and security. PURCHASE ;� —' • Price firm through April 3,2006. _�q • Price includes full electronic firing. J2/LlleSELL. City M_ �'' /r r-, Show r .Gff n7artin PRINT NAME TTEST. ,9� - - , �_ mo <s rat„ riP�•k )' DATE(MMIODIVY) AC—_ ate. CERTIFICAT ,�O °= a�61k.IT1G INSURANCE 02/22/D6 PRODUCER LIC #OE61929 1-310-542-4370 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION DWP/USI of Southern California f� C� O, LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ?0Jn F EB 24 AV', 9' � LDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3625 D,el Amo Blvd., Ste. 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Torrance, CA 90503 r°a���.� 1flUI Ir 3""I INSURERS AFFORDING COVERAGE CLERK INSURED INSURERA Scottsdale Insurance Co. Pyro-Comm Systems, Inc. INSURER First Mercury Insurance Company 15531 Container Lane INSURER United States Fire Insurance Company Huntington Beach, CA 92649-1530 INSURERD.Hartford Casualty Insurance INSURER L. COVERAGES 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 PER FAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLIDIT CY EFFECTIVE POLICY EXPIRATIO N LIMITS LTR GENERAL LIABILITY I'MM1009236 12/31/05 12/31/06 EACH OCCURRENCE S1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $50,000 CLAIMS MADE IX I OCCUR MED EXP(Anyone person) $1,000 X 2,500. Deductible PERSONAL B AbV INJURY S Included GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP ADS $2,000,000 POLICY % PRO LOC D AU70MOBILELIABILIW 72UUQUM5909 07/01/05 07/01/06 g COMBINED Bde SINGLE LIMIT $1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per aceden0 GAR AGE LIABILITY AUTO ONLY-EA ACCI DENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ A EXCESS LIABILITY XL00032327 12/31/05 12/31/06 EACH OCCURRENCE $3,000,000 % I OCCUR CLAIMS MADE AGGREGATE $3,000,000 5 DEDUCTIBLE $ _ X RETENTION $None $ D WORKERS COMPENSATION AND 4086903312 07/01/05 07/01/06 X WR SLAIU- OTH- EMPLOYERS'LIABILITY EL EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYE $1,000,000 EL DISEASE POLICYLIMIT $1,000,000 OTHER B Errors R CoudiaaiOn9 FMM1009236 12/31/05 12/31/06 $ 1,000,000 2 a DESCRIPTION OF OPERATIONSILOCATIONSNEHIGLESIEXC W SIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *Except 10 day notice of cancellation for non-payment of premium. Certificate Holder is included as Additional Insured per attached Blanket CL246 (11/85) as respects General Liability for covered operations of the Named Insured "Excluding Residential Operations" PROJECT: CONVENTION CENTER, 277 N. AVENIDA CABALLEROS, PALM SPRINGS, CA - FURNISH AND INSTALL FIRE ALARM DEVICES. CERTIFICATE HOLDER y ADDITIONAL INSURED;INSURER LETTER G CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL P. 0. Be. 2743 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 92263-2743 AUTHORIZED REPRESENTATIVE USA ( ACORD 25-S(7197) Slang O ACORD CORPORATION 1988 4002156 Powered By Te CertificaMsNDw IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7197) J POLICY NUMBER: FMM1009236 COMMERCIAL GENERAL LIABILITY INSURED: Pyro-Comm Systems, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED _OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: city of Palm Springs P. O. Sox 2743 Palm Springs, CA 92263-2743 USA its Officers and employees - PROJECT: CONVENTION CENTER, 277 N. AVENIDA CABALLEROS, PALM SPRINGS, CA 92263 - FURNISH AND INSTALL FIRE ALARM DEVICES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claims,loss or liability arising directly from the Named Insured's operation and any other insurance maintained by the additional insured shall be excess and non-contributory with the insurance provided hereunder. It is hereby understood and agreed that subject to all terms and conditions of the insurance including,but not limited to the foregoing limitations and exclusions,it is agreed that the company waives any right of subrogation to which it is entitled under this insurance with respect claims against the above Additional Insured arising out of the negligent acts of the Named Insured. CL 246(11-85) CG20 101185 Copyright, Insurance Services Offices,hic. 1984 Page I of 1 Best's Rating Center- Search Results Page 1 Page 1 of 1 Best s i , Y M ' W. E M. p>) View Ratings:Financial strength Issuer Credit Securities Advanced Search Other Web Centers:Isele7oin. Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with Scottsdale insurance To refine your search, please use our Advanced Search or view our Online Help for more information. 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A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. littp://www3.ambest.com/ratings/RatingsSearch.asp 03/14/06 PAI M MEMORANDUM Y TO: Scott Mikesell \ Director of Parks & Recreation FROM: Kathie Hart, CIVIC Chief Deputy City Clerk DATE: March 14, 2006 SUBJECT: Pyro—A5238 Attached is a duplicate original copy of the subject agreement for your records and distribution. We have kept the original for our records. Let me know if you have any questions, ext. 8206 /kdh Attachment