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RFP NO,: 17.014
<br />Pyi-o Spectaculars, Ine. Cite of Slinta Ana
<br />P.O. Box 2329 Program #A, .Rev. # 3
<br />Rialto, CA 92377 My 04, 2017
<br />Tel:909-355-8120 ::::Fax� 909-355-9813 Page? d5
<br />7. Cie n - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up orally live pyrotechnic debris made necessary
<br />by pyRo. CL1J;:N'r shall he responsible for any other clean up which may be required of the Production or setup, discllar�e and fallout areas including any
<br />environmental clean-up.
<br />8. j'_.('1.Mi{t PYRO agrees to appiy for permits for the tiring of pyrotechnics only rrorn the ORANGE COUNTY FIRE A.UT ORITY, FAA, and
<br />usCC, irrequired. CUFNT shall be responsible for any lees associated with these permits including standby fees. CLIENT shall be mspunsiblo Corobtaining
<br />ally other necessary permits, paying associated fees, and making other appropriate arrangements ror'Police: Dcpnrlments, other Fire iiepartmcnts, road closures,
<br />event/activity or land use permits or any permission or term it required by any Local, Regional, State or Federal Government.
<br />9. JiLijilativ - PYRO shall At all times dur€lig the perfomanac of services herein ensure that tale following insurance is maintained in connection with
<br />PYRO's performance of this Agreement: (1) womnerciat general liability insurance, including products, completed operations, and contractual liability under this
<br />Agreemcnt; (2) amomobike liability insurance, (3) workers' compensation insurance and employer liability insurance. Such inSUMI1ce is to protect WENT from
<br />claims for bodily injury, including denth, personal injury, and from claims of property darnage, which may arise from PYRO's performance orthis Agreement,
<br />only. Tho types hoot Amounts of cuveratre shall be as set Potth in the Scope. of Work- Such insurance shall not include claims which arise from CLIEN-r's
<br />negligence of willful conduct or frcm failure oCCLIENT to perform its obligations under this Agreement, coverngo for which shall be provided by CLIENT.
<br />The coverugc of These policies shall be subjeetto reasonable inspection by CLIENT. Cortiticatos of Insurance evidencing the, required genoraal liahility coverage
<br />shill be furnished to 0,113NT prior to the rendering, of'ser'v'ices Iereunder and shall imiudo that 11w following are nruncd as additionally insured: CLIENT;
<br />Spo€lsors, Landowners, Charge Owners, if any; and Permitting Authorities, with respect to the operations of PYR0 at din Production. Pyrotechnic subcontractors
<br />or providers, irally, not covered under policies ofinsurance rquired hereby, shall secure, maintain and provide €heir own insurance coverage with respect to their
<br />respective operations and scrvioes. Pyro shall give wrftwn notice to CLIENT within five (5) business days ol'g€ving or receiving notice of material alteration,
<br />cancellation, non renewal or expiration of coverages from carrier.
<br />10. Jmte:nrn ficutiu . PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers,
<br />and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify,
<br />hold harinlcss, and defend CLFL.W and the additional insureds from and against any and all claims, actions, damages, liabilities And expenses, including but not
<br />limited to, atorney and other professional foci and exult coats, €n con€rest€on with the Inss Wire' persona# injury, and/or dainage to property, Arising from or out
<br />or the Production and the prejotitotion thereof to the extent Such are occasioned by any not Ur ollli5slon of .PYRO, their officers, ngvatS, conlraetols, providers, or
<br />employees. CLM'Wr shall irldcmnify, hold harmless, and defend PYRO from and against uny and ail clakus, actlonm, damages, li€ bi—lity ood expamec, including'
<br />but not limited to, attorney and outer protv'ssional flies and court costs in cunneolicn With the toss of life, personal injury, and/or damage to property, arising, from
<br />or out or the Produl;i!jon nod the presentation thereof to the extant such are occasioned by any actor ormission or CLJENT, i.ts olTicers, agents, contractors,
<br />providers, tar employees, Ili no event shall either party be liable For the conscgocntial €lanages of the other party.
<br />11. Imo€ r ar 13€ s es for 5a'€Jtl€na v Isrenell - Except in the case ofbodily ilrjury and property dalnnge ns provided in the insurance and
<br />Indemnification provisions ofPar€agrapis 9 and 10, above, in the event C1,117,NT clairus that PYRO has breached this Agreement orwas atherwiso negligent in
<br />performing the Production provided for herein, CLIENT snail not N entitled to claim or reeovt:r monetary drsmages rrom PYRO beyond the amount CLIENT has
<br />paid to I'M mutter this Agrcement, and shah not he entitled to claim or recover any consequential damages from PYRID including, without limitation, damages
<br />Or loss of income, business or profits.
<br />I<. r r LV1€ 10iM - CLIENT agrees to assume the risks ofwenthcr, strike, civil unrest, terrorism, military action, govenmlental action, and any other
<br />causes beyond the control of PYRO which may prevent the Production from being safely discharged oft the scheduled date, which may oause the cancellation of
<br />any event for which CLIENT has purchased the Production, or which may affect or damage such portion of the, exhibils as must be placed and exposed a
<br />necessary time hefurc the Producdon. 1f, for any such reason, PYRO is not reasonably able to saltily discharge the Production on the scheduled date, or at the
<br />scheduted time, or should any event for which CUENT has purchased the froductit.)l be. canovtcd as a result of such causes, CLIIsNT may (1) reselieduic the
<br />Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel lha Production and pay PYRO such sums as provided in Paragraph 14, based
<br />upon when the Production is canceled.
<br />13. flea€hedulhtgor le ii - IrCLJENT elects to reschedule the Production, PYRO shall be paid the original Pee plus all additional eXpellses made
<br />necessary by rescheduling plus a 15!6 service fee oil slleh atiditionat expenscs. Said expenses will be invoiced Separatcly and payment will be due in lull withlll 5
<br />days of receipt, CLMNT and PYRO shall agree upon the rescheduled date lakmg irito consideration. availability of per fits, materials, equipment, transportation
<br />and (abor, The Production shall be rescheduled for a dare notmore than 90 bays subsequent to the date first Set for the Prod Uetion. Tile ProdUCtl011 shall 1101 be
<br />resclledaded to a dale, or for an event, that histodually has involved a fireworks production. The Production shall not he rescheduled between JUAe 1501 and Jilly
<br />15th Unless the original date eves July 41h of that samc year, or between Decernber i 5th and January l 5ti unless the origiaaf date was Decensber 3lst of ibe eadler
<br />year unfcss PYRO agrees that such rescheduling will not under, ely affect normal business operations during, those periods.
<br />W, RiLht'I'tr C arlscl — CLtLNT shall have the Option to unilaterally oancel the Production prior to the scheduled date, if CI.IE, lT exercises this uption,
<br />CLIENT agrcca to pay to PYRD, as liquidated damages, the following percentages of the Fee as set forth in Paragrapb 3.1.. 1) 50% if cancellation occurs 30 to 90
<br />days prior to the scheduled date, 2) 754,o if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100°lo thereafter. in the event CLIENT T cancels the
<br />Production, it will be impracticat or extrernaly difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable: estimate of the dntnages
<br />PYRO will suffer irCLIEN'I' cancels the Prodoetion.
<br />1.5, Nit.ledl[t Ve fts - It is agreed, nothing; in this Agreema€tt ai- in PYRO's perfomiar€ee of €tic Production shall be construed as forming a partnership or
<br />joint venture between GUENT and PYRO PYRO shall be and is lin hidapcndcnt contractor with CLIENT and not an employee arCI.,IENT. The Parties hereto
<br />shall be severally responsible for their own separate debts and ohlieations and neither Party, shall be held responsible, for any agreements or obligations not
<br />expressly provided for herein.
<br />16 ,t JJc:ahl I: In -'Phis Agmeirta t and tha rights and obligations of the Panics hereunder shall be construed in accordance with the hews of California,
<br />It is fin-ther agreed that the Central Judicial vistriet oCSan Bernardino County, California, shall be proper venue for ally Such acticll. In the oventthat the scope of
<br />tilt Production is reduced by authorities havingjurisdiciion or by either Parry for safety concerns, the Full dollar amounts emtimcd in this Agreenlcnt are
<br />enforcazhle.
<br />rs V 1-20
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