Agmt15 Pyro Spectaculars North, Inc.

Browse Search

Pyro Spectaculars North,Inc. 5301 Lang Avenue Exh ibit A qTY OF REDWOOD tITY McCieilan,AC 95652 PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT Tel:909-355-8120 Fax:909355-4813 PROGRAM A 1ULY 4,2015 use of CLIENT-owned material and represents that it has or will obtain any permission fram 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. 3. �Yy -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 PYR4 to deternune that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety beyond the reasonable control of PYRO. 4. Sec�ritv -CLTENT shall provide adequate secucity personnel, barricades,and Police Department services as may be necessary to preclude individuals other than those authorized by PYRlJ 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 pub(ic or contractars have access; or any other public or contractor facilities associated with the Production. 5. �� - 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. CL�NT 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. 6. Permits - PYRO agrees to apply f�r permits for the firing of pyratechnics only from the _ Redwood City Fire Department, FAA, and USCG, if required. 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 closwes,evendactivity or land use permits or any permission or permit required by any Local,Regional, State or Federal Government. 7. inc�ra� - PYRO shall at all times during the perforn�ance of services herein ensure that the fotlowing insurance is maintained in connection with PYRO's performance of this Agreement: (t) commercial general liability insurance, including products, completed operations, and contractual (iability under this Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLTENT from claims for bodily injury,inc(uding 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 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: CL�NT, Port of Redwood City, Portside Investors, and their officers, officials, emptoyees, agents and volunteers; 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 respecti�e operations and services. REV:02-12-15 MlG ATTY/AGR.2015.029/PyroSpectaculars Page 11 of 13