Volt Live-2018-40 LIVE
PYROTECHNICS 0 CRYOGENICS/CO2 m WATER EFFECTS G CONFETTI 0 FLAME EFFECTSO LASERS
City ®f Grand
Terrace
11/11/18
999 SOUTH OYSTER BAY RD., SUITE 111,BETHPAGE,NEW YORK 11714
WWW.PEIFX.COM G 1-888-570-PYRO {79761
IL JrAft I qr .
LIVE
PYROTECHNICS m CRYOGENICS/CO2 m WATER EFFECTS G CONFETTI m FLAME EFFECTS 0 LASERS
SPECIAL EFFECTS AGREEMENT
This Agreement sets forth the agreement between Pyro Engineering Inc. d/b/a Volt Live
(hereinafter referred-to as "Volt Live") and City of Grand Terrace (hereinafter referred to
as the "Client") with respect to the terms and conditions upon which equipment and
special effects services will be provided by Volt Live to the`'Client'. The equipment and
special effects services described herein relate to the event (the "Event') and artist (s)
(the"Artist(s)") described on Schedule A attached for the event described on Schedule A
attached (the "Event Period") or such extended or abbreviated period as may be
determined by the"Client'. The parties, intended to be legally bound, agree as follows:
1. Special Effects Equipment and Technical Services. Volt Live will provide all
special effects related equipment as described and detailed in Schedule A {the
"Equipment"). Volt Live will also provide the services to assist in setting up, operating
and tearing down {the "Technical Services") of the Equipment through the Volt Live
technical staff described on Schedule A {the "Volt Live Personnel"}. Notwithstanding
anything to the contrary herein, client shall be responsible to provide any required rigging
personnel and services as listed in Schedule A. Client will be responsible for supplying
all communication devices.
2. Fees. The price for provision of the Equipment and the Technical Services (the
"Fees") shall be as detailed in.Schedule A and shall be paid as set forth in Schedule A.
3. Pyro Engineering Inc. Transportation. Volt Live will provide ground
transportation from Arrival to Departure of the Volt Live personnel. Volt Live will be
responsible for Round Trip Air Fare. The Client will provide single room hotel
accommodations (4stars+) for Volt Live technicians within a 5-10,mile radius from the
venue.
4. Crew Per Diems. Volt Live will be responsible for per diem via cash to our
technicians at a rate of$35 USD, on a per person, per day basis.
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Initial
5. Equipment Transportation. Volt Live will be responsible for all transportation of the
Equipment from the Volt Live location listed on Schedule A during the event period, and
back to the Volt Live location listed on Schedule A; during the event period the
Equipment will be deemed to be in the care, custody and control of Volt Live.
6. P r�Qineering Inc. Personnel. Volt Live shall be responsible to pay salaries
of all Volt Live. personnel. Volt Live shall select the Volt Live personnel; however, the
Client shall have the right, in its reasonable discretion, to require Volt Live to replace any
of the Volt Live personnel. Volt Live technicians shall act as employees or independent
contractors, as applicable, of Volt Live and Volt Live will discharge all of their respective
obligations imposed by any federal, state or local law, regulation or order now or
hereafter on force including, but not limited to, the filing of all returns and reports
required and the payment of any assessments, taxes, contributions and other sums
required. None of Volt Live. personnel shall be deemed employees of the Client. Volt
Live shall be responsible for its employees and independent contractors and all
compensation, taxes and required deductions payable in respect of such employees and
workers' compensation and employer's liability insurance for such employees in
accordance with Section 8 below.
7. Warranties. Volt Live warrants the Equipment furnished hereunder will be in
good working condition, roadworthy, safe and free from defect, and will comply with all
applicable laws, rules and regulations. Volt Live ,at its own cost and expense, shall keep
the Equipment in good repair, condition, and working order and shall furnish any and all
parts, mechanisms, and devices required to keep the Equipment in good mechanical and
working order. In the event of any Equipment failure or malfunction Volt Live agrees to
timely substitute equipment, of comparable or better quality than that originally supplied
hereunder. The Volt Live personnel shall perform the Technical Services in
commercially reasonable and timely manner. The warranties of Volt Live set forth above
are exclusive and are the only warranties given by Volt Live and are in lieu of any other
express or implied warranties, including without limitation, any warranty of
merchantability or fitness for a particular purpose or use, all of which are expressly
disclaimed..
8.' Insurance. Volt Live shall maintain general liability insurance covering Volt
Live's obligations under Section 9 (a) below in the amount of$10,000,000 and may
maintain equipment/replacement and workers' compensation and employee's liability
coverage Volt Live's benefit as it deems appropriate. Volt Live shall furnish the Client
with insurance certificates which name the Client, the Artist and the"Client's"
employees and contractors {collectively hereafter referred to herin as the "'Event
Parties"} as additional insured evidencing the general liability coverage set forth above
and such coverage shall not be cancelled or materially changed without thirty(30) days'
prior written notice.
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Initial
9. Indemnification; Limitation of Liability: Client and Volt Live agree to
indemnify, hold harmless and defend the Event Parties for any and all liability and
damages (including, without limitation, reasonable attorney's fees, court costs, and cost
of investigation) the other party hereto may suffer as a result of any and all claims,
damages, costs or judgments for personal injury, property losses or property damages
incurred or suffered by or threatened against the other party in connection with any claim
brought by or on behalf of any third party, person, firm or corporation (including Client's
and Volt Live employees) as a result of or in connection with the services rendered
herein, when such claim results from the breach or alleged breach of the indemnifying
party's warranties, representations or agreements herein or the negligence of such party.
10. Breach, Termination. This Agreement may be terminated by either party
upon written notice to the other party if any provision hereof is breached by the other
party, unless such breach, if curable, is cured within seven (7) days following written
notice from the non-breaching party specifying the breach or if either party is adjudicated
to be insolvent or bankrupt, is unable to satisfy its obligations as they become due or
enters into liquidation. Termination shall not relieve either party with respect to any
breach and with respect to rights and obligations based upon any matter which occurred
prior to termination.
11. Force Majeure. Client, Volt Live, Event Parties agree that either party's
obligation to perform under this Agreement .are subject to detention by sickness,.
disability, accident, riot, strikes, act of government, epidemic, inclement weather, acts of
God or other legitimate condition beyond their control. If Client terminates their
obligations for any reason set forth in the above, Client agrees to.reimburse Volt Live for
all out-of-pocket expenses incurred by Volt Live. It is understood that the proposed
effects are subject to the approval of the authority which has jurisdiction over the venue.
Chief Pyro-technician and/or the authority having jurisdiction on site reserves the right to
cancel/delay any cue(s) at any time during the Display/performance/event should the
Display expose either party, or any portion of the attending audience to danger of death
or injury.
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initial
12. Entire Agreement. This Agreement sets forth the entire agreement between the
parties and there are no verbal agreements between the parties not set out herein in
writing. Further, Client and Volt Live agree that the terms of this Agreement may not be
modified or added to except by a written document,properly executed by both parties.
This Event Agreement shall be dated as of October 9",2018.
Please acknowledge your agreement to the foregoing by executing the Event Agreement
in the appropriate space below and returning the executed Event Agreement to the
undersigned.
Volt Live
By: .r.. � Date: �� �1 6$
Dennis Brady Jr.
Accepted and agreed to:
{"Client {s}"}
City of Grand Terrace
By: Date:
Page 4
999 SOUTH OYSTER BAY RD.,SUITE 111,BETHPAGE,NEW YORK 11714
WWW.PEIFX.COM m 1-888-570-PYRO{7976)
12. Entire Agreement. This Agreement sets forth the entire agreement between the
parties and there are no verbal agreements between the parties not set out herein in
writing. Further, Client and Volt Live agree that the terms of this Agreement may not be
modified or added to except by a written document, properly executed by both parties.
This Event Agreement shall be dated as of October 91h , 2018.
Please acknowledge your agreement to the foregoing by executing the Event Agreement
in the appropriate space below and returning the executed Event Agreement to the
undersigned.
Volt Live
By: Date:
Dennis Brady Jr.
Accepted and agreed to:
{"Client {s}"}
City of Grand Terrace
By: Date: !b 2b l V
Page 4
999 SOUTH OYSTER BAY RD., SUITE 111,BETHPAGE,NEW YORK 11714
WWW.PEIFX.COM G 1-888-570-PYRO 17976}
.1k AW. I RF
- I .. V E ,
PYROTECHNICS m CRYOGENICS/CO2 m WATER EFFECTS m CONFETTI m FLAME EFFECTSO LASERS
City ®f Grand Terrace
11/11/18
SCHEDULE "A"
999 S. OYSTER BAY RD., SUITE 1 I1, BETHPAGE,NEW YORK 11714
WW W.PEIFX.COM 0 1-888-570-PYRO {7976}
LIV �El
PYROTECHNICS m CRYOGENICS/CO2 m WATER EFFECTS m CONFETTI m FLAME EFFECTS m LASERS
Schedule"A"Agreement
Reference is hereby made to the Production Service Agreement dated
October 9`h,2018 {the"Agreement"} by and between Pyro Engineering Inc. dha Volt
Live ('Volt Live") and City Of Grand Terrace("'Client"}.
(a) Client: City of Grand Terrace
(b) Event Period: Load-In—November 111h (Time TBD)
Show-9pm
Load Out—Directly after show
(c) SFX Package:
SFX Hardware:
(6)30/35watt lasers
(4)Stadium Foggers with fans
Custom Programming
Controls with Data and Power package
Rigging and Stands
Sound Package
Generators
Logistics:
2—Technicians
License and Insurance
Production Cost: $15,400
Volt Live will transport at it's sole cost and expense equipment to the following address:
Address:
21950 Pico Street
Grand Terrace,CA 92313
Nyment Schedule {the Fees}: Subject to the terms of the Agreement
Billing Period Detail
Period to be paid at signing of con tract(50%).................................Total-$7,700.00
RemainingBatance.Due day of show(50%)............... ...Total:S7,700 00
Ttjfid.P_rdductighr Cost $IS.d00:00
Volt Live. City of Grand Terrace
By: By:
Dennis Bradyy Jr.
Date:. �� �� 1 Date: 4
Payment Schedule {the Fees}: Subject to the terms of the Agreement
Billing Period Detail
Period to be paid at signing of contract(5001o).................................Total-$7,700.00
Remaining Balance Due day of'show(50%)........................Total-$7,700.00
Total Production Cost $15,400.00
Volt Live. City of Grand Terrace
By: By:
Dennis Brady Jr.
Date: Date:
' 1F® ■ q
- V� ■ INVOI.CE
L 1 V E Volt Live
999 South Oyster Bay Road, Suite 111
Bethpage, NY, New York 11714
United States
516-597-5500
vP vw.vol tl ive.com
Bill! to Invoice Number; 16729
Harrold Duffey
City of Grand Terrace Job Number: 18P-91922
22795 Barton Rd, Grand Terrace, CA 92313 (909)824-6621 Invoice Date: August 14, 2018
Grand Terrace, CA 92313
Amount Due (USD): $15,400.00
Items Quantity Price Amount
City of Grand Terrace -11/11/18 $0.00
50% Due Upon Signing of Contract 1 $7,700.00 $7,700.00
Remaining Balance Due on Show Day 1 $7,700.00 $7,700.00
Subtotal: $15,400.00
Sales Tax: $0.00
Invoice Total: $15,400.00
Amount Received: $0.00
Remaining Balance (USD): $15,400.00
Amount Due (USD): $15,400.00
Wire Information: Payment Terms
Chase Manhattan Bank-Account Type: Checking
Routing Number: 021000021 -Account Number: 150862503
Federal Tax ID No: 75-3044987
Make all checks payable to Pyro Engineering, Inc