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INSURANCE ON FILL
<br />WORK MAY PROCEED N-2019-158
<br />UNTIL INSURANCE EXPIRES
<br />Pyro Spectaculars, file. �q City (if Santa Ana
<br />P.O. Box 2329 -- - Program A
<br />Rialto, CA 92377 CCLLERK 0 �{C UNCIL October 27, 2019
<br />© Tel: 909-355-8120 :::: Fax:90ATfi-9814UG 2 9 2019 Page I o1`4
<br />PRODUCTION AGREEMENT
<br />IJ ac Pxw gv.r.Wey
<br />This agreement ("Agreement") is made this _—day of _. _ _,2019 by and between Pyro Spectaculars, Inc., a Califamia
<br />corporation, hereinnflene(aredtoas("PYRO"),and Cilyor Santa Ana. hereinafter referred to as ("CLIENT"). PYRO and CLIENT ace sometimes refencd to
<br />as "Party" or collectively as "Proms' herein.
<br />I. Finsmarmeal - CLIENT herby engages PYRO to provide to CLIENT one fireworks production ("Production"). and PYRO accepts such engagement
<br />upon all of the promises, lens and conditions hereinafter set forth. The Pmduclion shall be substantially as outlined in Program "A", attached hereto and
<br />incorporated herein by This reference.
<br />1.1 PYRO Duties- PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for
<br />specific pyrotechnic petits (the cost of which, including standby fees, shall be paid by CLIENT) relating to [he Production, insurance coveting the
<br />Production and the other things on its pan to be performed as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of
<br />Work"), attached hereto, incorporated herein by this reference, and trade a pan of this Agreement as though set forth fully herein.
<br />1.2 CI.1 ENTI)n tics -CLIENT shall provide to PYRO a suitable site ("Site')for the Production, security for the Site asset forth in Parogmph
<br />6 Inicaf, access to the Site, any pennission necessary to utilize the Site for the Production, and the other things on its pan to be perfonmed as more
<br />specifically set forth below in this Agreement and in the Scope of Work. All Site anangements are subject to PYRO's reasonable approval as to
<br />pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access,
<br />use, control, parking and general safety with respect to the public, CLIENT personnel and otherconlmmlors.
<br />2. TImeaud Place-TlteProduction shall take placeon Oeroher 27. 2019. atappruximately •OOn.m. mCentennial Recional Park Alldnir F'iehL
<br />East rod of perk 3062 %V. F.dineer Ate,. Santa Ana, CA, Site.
<br />3. Fees, hnernt. and Expenses -
<br />3 1 Fee -CLIENT agrees to pay PYRO a fee ors Io.000.00 USD fTF N TIIOUSAND DOLLARS) ("Fee') for [Ire Production. CLIENT shall
<br />pay to PYRO 000.0a USD(FIVE T110USAND DOLI.ATIE)ofthe Fee plus wtinated permit and standby fees, specified production costs, and other
<br />regulatory costs approximated at $00.00 OR an amount to be determined, for a total of co00.00 as a deposit ("Deposit") upon the execution of this
<br />Agreement by both parties but no later Ilion Scotemher 27,201 The balance of the Fee shall be paid no later than October 2g. 21119. CLIENT authorizes
<br />PYRO to receive and verify credit and financial infonnation commenting CLIENT from any agency, person or entity including but not limited to credit reporting
<br />agencies. The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to Pyro, is set forth in paragraph 20.
<br />3.2 Interest - In [he even( llal the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5%interest per month
<br />or 18% annually on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection
<br />wish the litigation, including, but not limited to anomeys' fees.
<br />3.3 Expenses- PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic
<br />products, pyrotechnic equipment, experienced pyrotechnic personnel to setup and discharge the pyrotechnics and thoseadditional items as outlittedas PYRO's
<br />responsibility in the Scope of Work CLIENT shall pay all costs related to Ole Production not supplied by PYRO including, but clot limited to, those i[ens
<br />outlined as CLIENT's responsibility in this Agreement and Scope of Work.
<br />4. Prnnrletiry Rights- PYRO represents and wants that it owns all copyrights, including performance rights, to this Production. except Oral PYRO
<br />doer not own CLIENT -owned maletial or Third -parry -owned material that has been included in the Production, and as to such CLIENT -owned and third -par y-
<br />owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shot) retain ownership of, and all copyrights and other rights to, the
<br />Production, except (hit PYRO stall not acquire or retain any ownership or other rights in or to CLIENT -owned material and third -pally -owned material and shall
<br />not be responsible in any way for such mteial. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will obtain
<br />any permission fiom appropriate Third panics sufficient to nulhhmize public exhibition of any such mateial in connection with this Prnduction. PY RO reserves the
<br />ownership rights in its Trade panes that are used in or are a product of the Production. Any reproduction by sound, video or olher duplication or recording process
<br />without the express written permission o f PYRO is prohibited.
<br />5. Safety - PYRO and CLIENT shall each comply with applicable federal, stale and local laws and regulations and employ safety progmns and measure
<br />consistent with recognized applicable industry standards and practices. A( all times before and during the Production, it shall be within PY RO's sole discmxtion to
<br />determine whetlwr or anbe Pmductiort may be safely discharged or contintwd. It shall not cunstiluc a breach of this Agreement by PYRO fir fireworks to fail
<br />or inatfunetion, or for PYRO to ddennine that the Production casino( be discargcd or cont{nucd os a result of any conditions or ciniumslmrces arrmmrg safely
<br />beyond the mso»able control of PYRO. -
<br />6. Sernrit, -CLIENT shall provide adequate security personnel, barricades. and Police Detainment services is may be necessary to preclude individuals
<br />otherthut hose amborized by PYRO bunt enacting an area to be designated by PYRO as the area for the seo-up and discharge of [lie Production. including a
<br />ratio,,[ am satisfaclory to PYRO whar the pyrotechnics ray safely riseand any debris may safely fall. PYRO shall have no responsibility for monitoring or
<br />controlling CLIENT's other comrac[ors, providersor volunteers: the public. arms to which the public or contractors have access. or any other public or contractor
<br />facilities associated with the Pmduction
<br />7 ('Wnnp r . PYRO shall be responsible for the removal ol'all equipment provided by PYRO and clean up of any live pynnechnic debris made necessary
<br />by PYRO. CLIENT shall be reslonsible tin' any outer clean up which may be required of the Pmmduclion or set-up, discharge and Gdlout areas including any
<br />environmental cheat -up.
<br />PS V 1.2c
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