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INSURANCE ON FILE — N-2014-079
<br />Pyre Spectaculars, Inc. 0,Q$. WORK MAY PROCEED
<br />RO, Box taco ��NTIL INSURANCE EXPIRES City of Santa Ana
<br />G6: it-1343'- /}uio: / l$l WG/d ^ /H%H Program A
<br />Rialto, CA 92377 CLERK OF COUNCILC ryry July 4, 2014
<br />Tel:)0) -J55- $120:::: Fax: 909-355-98 13 DATE: FCO 6 V�� Page Iof4
<br />PRODUCTION AGREEMENT
<br />aF
<br />This agreement ('Agreement ") is made this day of y and between Pyro Spectaculars, Inc., a California oorpomtlun,
<br />hareinlber referred to as ( "PYRO "), and City orSanta Ann, hereinafter ref d to s (CLIE T"), PYRO and CLIENT are sometimes referred to as "Party" or
<br />collectively as "Parties" herein „. -
<br />L r +a ement - CL,IEN'T hereby engages PYRO to provide to CLIEN T uue fireworks production ( °`Productiod7, and PYRO accepts such engagement
<br />upon all of the promises, terms and conditions hcreina$or set forth. The Production shall be substantially as outlined in Program "A.”, attached heroic and
<br />incorporated herein by this reference,
<br />IA PYRQ Byes- PYRO still provide all pyrotechnic equipment, trained pyrotecluttcians, shipping- pyrotecludo products, application for
<br />specific pyroteohnic permits (the cost of which, including standby fees, shall be paid by C LIEN f) relating to the Production, insurance covering tine
<br />Production and tire other things on its part to he performed as morn specifically set birth below in this Agreement :rnd in the Scope of Wort ( "Scope of
<br />Work "), attached hereto, incorporated herein by this reference, and made a part Li this Agreement as though set forth fully herein,
<br />12 CLIEN`r. ow eg - -C LIEN'I'shall provide to PYRO a suitable site ( "Site ") for the Production, security for the Slue as set forth in Paragraph
<br />b hereof, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more
<br />specifically aer forth below i❑ this Agreement and in the Scope of Wofe. All Site a ningeanenrs 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'C:LIEN'I', including, but not limited to, access,
<br />use, control, parking and general safety with raspcct In the public. CLIENT personnel and other contractors,
<br />?.
<br />Time and Place -The Production shall take place on Jot J,�20h1 al approximately 2:U01�I„ at C_eptlen, l Regional Lark Socecr liyu west of
<br />phrlt,F_airviesv. SL. S�pLLAn;t, CA, Site, -
<br />3. IAA Interest,acrdExprnses -
<br />I I fee, CLIF..NI agrees to pay PYRO a tee of $20 U, 0U 00 USD (Tr+ Nl "rY 71if3USe \Nt) DOLLAL2S) ( "Fee ") for the limit tiniz CLI f.-:N'f
<br />shall pay to PYROS-IU,000 00 USD (11f 7 flt)I,SAND DOi LAR,b) of the Fee plus esGrnarod permit and standby fees, specified production costs, and other
<br />regulatory costs approximated at S OQ.OQOR an amount to be determined, for a Intel of $10,000.00, as a deposit(" Deposit ") upon the execution of this
<br />Agreement by both parties but ao later th r, April-15, 2014., The balance of the Fee shall be paid no later than july 7•?01A, CLIENT authorizes PYRO to receive
<br />and verify circuit and fmaneial infantation concerning CL.IENf From any agency, person or entity including but not Italitan to credit reporting agencies, Ric
<br />"PRICE FIRM' date, he date by which the oxeeuted Agreement must be. delivered to Pyre, is set forth in paragraph 201 .
<br />32 Interest -- In the event that the Fee is noL send in a [finely inenner, U M will be responsible for the payment of 1,5 % interest per month
<br />or I & o annually on the unpaid balance. Iflitigutjon arises Out of this Agrecnnent, the prevailing party shall be entitled to reasonable coats incurred in connection
<br />with the litigation, including, but not limited to attorneys' fees. ,
<br />33 Fs, ep HIMI PYRO shall pay all normal expenses directly related to the Production including fieight, insurance as outlined, pyrotechnic
<br />products, pyroteohnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outined as PYRO's
<br />responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production misapplied by PYRO including, but not limited to, those items
<br />outlined as CLIENT's responsibility in (his Agreement and Scope of Work.
<br />4, Pragtiet L BIghts - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, e oratu that PYRO
<br />does not own CLIENT -owned material or third - party -owned material that has been included in the Production, and as to such CLTEN•f -owned and third -party.
<br />owned material, CLIG;N'f assumes full responsibility therefore. CLIENT agrees that 11YRO shall retain ownership of, mid all copyrights and other rights to, the
<br />Production, except that PYRO shall not scqu[re 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'fCLIENT -owned material mid represents that it has or will obtain
<br />any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production, PYRO reserves the
<br />ownership rights in its trade reamer that are used in or are a product of the Production. Any reproduction by sound, video or otherabolicotion or recording process
<br />without the express written permission of PYRO is prohibited.
<br />5. Safety - PYRO and CL16N'f shall each comply with applicable federal, state and local laws and regulations and 'employ safety programs and measures
<br />consistent with recognized applicable industry standards and practices. At all times before and during the Production, it shall be within PYRO's sale discretion to
<br />determine whether or not the Production may be safely discharged or continued, It shall not CoMa tdte a breach aI'this Agreement by PYRO for fireworks to tail
<br />or in a] Function, or for PYRO to determine that the Production cannot be discharged of continued as a result of any conditions or circumstances affecting safety
<br />beyond the reasonable control of PYRO.
<br />6; Seer CLLENI'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 catering an area to be designated by PYRO as the area lot the set -up and discharge of the Production, including a
<br />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
<br />controlling CLIENT "other contractors- providers or volonleces. the public, areas to Which the public or contractors have access; or any other public or contractor
<br />I'acililies associated with the Production,
<br />7, Qlanin it PY110 shall be responsible for the removal of all equipment provided by PYRO end Cleann up of any live pyro(cehnic debris made 11eeessap
<br />by - PYRQ. CLIENT shall be respons iblc lot un; ,I lie, clean up o11 ch map he requilell of the P MOM to11 on set -up- discharge fund 1'o11 oul areas Ilrclndin" 1111)
<br />envi ronmenud clean -up, -
<br />PS V I -2c
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