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INSURANCE NOT ON FttE N- 2011 -06'1
<br />Pyro Spectaculars, Inc. WORK MAY NOT PROCEED -� City of Santa Ana
<br />P.O. Rox 2329 CLERK OF COUNCIL ��� Program A
<br />Rialto, CA 92377 DATE: �"� 02 'y- �� July 3, 201
<br />Tel: 909- 355 - 8120:::: Fax: 909- 355 -9813 O, pKiCSCr) S 1�Vr�Q CueVCr3 Pale 1 of4
<br />PRODUCTION AGREEMENT
<br />Phis agreement ( "Agreement ") is made this day of � 2011 by and between Pyro Spectaculars, Inc., a California
<br />corpom[ion, hereinafter referred to as ( "PYRO "), and City of Santa Ana, he nafte eferred [o as ( "CLI F.N T "). PY RO and C;LI EiV I' are someti na es referred to as
<br />"Party° or collectively as "Parties" herein.
<br />I , Eneaeement - CLIENT hereby engages PYRO to provide [o CLIENT one Fireworks production ( "Production °), and PYRO accepts such engagement
<br />upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program ".J ", attached hereto and
<br />incorporated herein by this reference.
<br />1.1 PYRO Uuties— PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for
<br />specife pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIEN -17 relating [o the Production, insurance covering the
<br />Production and [he other things on tits part to be performed as more speci Fically set forth below in [his Agreement and in the Scope oC Work ( "Scope of
<br />Work "), attached hereto, incorporated herein by [his reference, and made a part of this Agreement as though se[ forth fully herein.
<br />1.2 CLIENT Duties — CLIENT shall provide to PYRO a suitable site ( "Site') for the Production, security for the Site as set forth in Paragraph
<br />6 hereof; access [o [he Site, any permission necessary to utilize the Site for the Production, and the other things on its part [o be performed as more
<br />specifically se[ forth below in [his Agreement and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as [o
<br />pyrotechnic safety, suitability, and security, All o[h er conditions of [he 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 other contractors.
<br />2. Time and Place -The Production shall take place on July 3. 2UY 1, at approximately 9:00 n. m., at Centennial Rceinnal Park, Santa Ana, CA Site,
<br />3. Fees, Interest and Ex oen ses -
<br />3.1 Fee - CLIENT agrees to pay PYRO a fee of $18.750.IIf1 USD (F]IC:11'1'F:FN TNf)T }Sr ► \1) tiF.� +I•:\ fdtlN! }RF :p 6'I!^ I'Y D<)t,1.. �tL ti)
<br />( "Fee ") for the Production... CLIENT shell pay to PYRO $9.375.00 USD (NINE Tllt)LSAiVD TN R[•:I•: ItliNDRi:D 4EV F_' \'Il' l +IV'F: DC11..E.ARS) of the Fce
<br />plus estimated permit and standby Fees, specified production costs, and other regulatory costs approximated at $ 82.25 OR an amount to be determined, for a
<br />total of $9,45225, as a deposit ( "DeposiP') upon the execution of this Agreement by both parties but no later than Diav 20. 2071. The balance of the Fcc shall be
<br />paid no later than July S, 2(111. Ci.iENT authorizes PYRO to receive and verify credit and Snancial information concerning CLIENT from any agency, person or
<br />entity including but no[ limited to credit reporting agencies. The "PRICE FIRM" date, the date by which die executed Agreement must be delivered to Pyro, is set
<br />forth in paragraph 20.
<br />3.2 Interest - In [he even[ that the Fee is no[ paid in a timely manner, CLIENT will be responsible for the payment of 1,5 % interest per month
<br />or L 8 %annually on the unpaid balan cc. If li[iga[ion arises out of this Agreement, the prevailing party shall be entitled [o reasonable costs incurred in connection
<br />with [he litigation, including, but no[ limited to attorneys' Fees.
<br />3.3 Exoenses — PYRO shall pay all normal expenses directly related to [he Production including freight, insurance as outlined, pyrotechnic
<br />products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge [he pyrotechnics and those additions] items as outlined as PYRO's
<br />responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production no[ supplied by PYRO including, but not limited [o, tltose items
<br />outlined as CLIEN "I "s responsibility in this Agreement and Scope of Work.
<br />4, Prom -ietxrti Riehts - PYRO represents and warrants that i[ owns all copyrights, including performance rights, to this Production, except [hat PYRO
<br />does not own CLIENT -owned material or third -party -owned material [hat has been included in the Production, and as to such CLIEN "C' -owned and third- party-
<br />owned material, CLIENT assumes toll responsibility dterefore. CLIL'NT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the
<br />Prod uc[ion, except that PYRO shall not acquire or retain any ownership or other rights in or to CLIENT -owned material and third - party -owned material and shall
<br />not be responsible in any way for such material. If applicable, CLIENT consents to the use o£CLIENT -owned material and represents that i[ has or will obtain
<br />any permission from appropriate third parties sufficient to authorize puhlic exhibition of any such material in connection with [his Production. PYRO reserves [he
<br />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
<br />without the express written permission of PYRO is prohibited.
<br />5. Safery - PYRO and CLIENT shall each comply with applicable federal, state and local laws end regulations end employ safety programs and measures
<br />consistent with recognized applicable industry standards and practices. At all times before and during [he Production, it shall be within PYRO's sole discretion [o
<br />determine whether or no[ [he Production may be safely discharged or continued. I[ shall no[ consti[u[c a breach of this Agreement by PYRO for fireworks [o fail
<br />or malfimction, or for PYRO [d determine that the Production cannot be discharged or continued as a result of any conditions or circumstances affecting safety
<br />beyond the reasonable control of PYRO.
<br />6. Secu rile - CLIENT shall provide adequate security personnel, barricades, and Police Department services. as may be necessary to preclude individuals
<br />other than those authorized by PYRO from entering an area to be designated by PYRO a+ [he area for the se[ -up and discharge of the Producton, including a
<br />fallout area satisfactory [o PYRO whore the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
<br />controlling CLIENT'S other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor
<br />facilities associated with the Production.
<br />7. Cleanuo - PYRO shall 6e responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary
<br />by PYRO, CI.1F..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
<br />environmental clean -u p.
<br />PS V 1 -2e
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