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RFP NO.; 17.014
<br />Pyre Spectaculars, tile. City of Santa Ann
<br />P.O. Box 2329 Program #A, Rev, # 3
<br />Rialto, CA 92377 July 04, 2017
<br />Tel: 909. 355 - 8120:::: Fax: 909. 355 -9813 page I o1`5
<br />PRODUCTION AGREEMENT
<br />(Special)
<br />This agreement ("A.givument") Is made this ._____day of �__....�._....,� l7 by and between Pyro Specracalma, Inc., a California
<br />corporation, hereinafter referred to as ( "PYRO "), and City of Santa Ann, hereinafter referred to as ( "CLIENT "'). PYRO and CLIENT are sometimes referred to
<br />as "Party" or collectively as "Parties" herein.
<br />I. J,;qUg' tp�t - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ( "Production'), cord PYRO accepts such engagement
<br />upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially us outlined in Program "A:', attached hereto and
<br />incorporated herein by this reference,
<br />IA 1' D ties — PYRO shall provide all pyrotechnic equipment, trained pyrotecladviians, Shipping, pyrotechnic predicts, application for
<br />specific pyrotechnic purmits (the oust of which, including standby fees, Avill be paid by CLIENT) relating to the Production, insurance covering the
<br />Production and the other things on its part to be peribrmed its 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 made a part of this Agreement as though set forth fully herein.
<br />1.2 �1FJq_:.l_P.RLr,Y- CLIENT shall provide to PYRO a sult'able site ( "Site') for the Prodtwtior, security for the Site asset Platt in Paragraph
<br />d hereof, access to the Site, any permission necessary to tittlize the Si to far the Production, and the other things oil its part to be performed as more
<br />specifically set forth below in this Agroomont and in the Scope of Work. All Site arrangements are subject to PYRO's reasonable approval as to
<br />pyrotechnic safety, suitability, and security. All other conditions ofthe Site shall be the responsibility nfCLIENT, Including, but riot limited to, access,
<br />use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
<br />2. ;I;ip„a,' n 'I:rnc -'The Production shall take place on Lifly044 1, at approximately 9.00 nm, at 'u i da Rc donut 1"nJ;jW„ oeCcr Iletd jv0jj o
<br />ptark, 4dr lcw„�,I,a &—luAall. LA, Site
<br />3. ftg&jnj)
<br />3.1 fU CL IEN "r agrees to pay PYRC) a Pau of ,?,dl,,gy,Q,Qq LSD {'fN[sN`P 1 )SANfI,- I)f�„( n [t5i ( "Pee") i6r floe Penduetion, CLIENT
<br />shall pay to C +YILO S 0000 US(7 [I'6�,YI , °Pr1t?LI4,tN1) (},. L L IE,. n1, 1 pun plira cstinrarcel peratlt and smttdby fees, spucitTwl prutluatiotr coat's, and other
<br />regulatory costa.appruxtmnlcd at 11 ,,110 (,)R an amount to tic tlatarnduad, liar n tuCnl ol'$J,3l,,tll�it,91j,
<br />as n dupuait ( "CJepaslt "}upon flay cslieution ofthis
<br />Agreement by both parties but no later than rri)„I,)4. alat7. 1 "ho balance of the Fee s11 11 he plod uo later lima. tai 05 2 r7. CLfBN'T nuthnriz<s PYRO to
<br />receive and verily on:dlt and financial Info•matiotaoncornmg CLI EMT from any nguncy. Ituraaa or cuffs including but not Iinritcal to arudil' reporting aganairs.
<br />The "PRICE FIRM" date, the date by which the executed Agreement must be delivered to pyre, inset i'orth hi Itamgrxiph 20. N +rt +vithstiin1 1r arty other provision
<br />in this Agreement, it is understood and agreed that CLIENT agrees to pay, and PYRO aSm s m 111.12 Is total in ain't fbr services lbr ChII'iNT, the ones; fees
<br />and charges inalentficll in COMPENSATION 11X1iIifiT B, attached hernia an0 irwurpd"nod Intothis Agrutlntent Izp dos ratiirutcc, in an amount not to exceed
<br />.$2Z(1010,00 USI) (TWENTY =TW0 TLIOUSAND DOLLARS) for each Produalion, over the onto, life rrftire Aitraetire, inchtding any renewed period(s),
<br />3.2 CLIE:NI'shall have the option to "tend this Agreement for two (2) additional t -year extensions Far hdy4,2018, and.hily4,2019, Ifthc
<br />Agreement is dxtenrlud after the first yen•, CLILN1' agrees to pony PYRO a fcopot to euCeod $22;(IQ0.00 USI) ('rWr3N 'rY- 9'WO'T'C40118AND DOLLARS) for
<br />eaelo Productiao. Thu Parlice agrco than irtiunncial resnurecs ere nit nvailabW to CLIENT for either orthe a dditioml Productions, 0LII3NT has the option to
<br />cancel tine Production upon notification to PYRO in writing at least 90 days prior to the schoduled date of the Production.
<br />33 I to - In the event tlmt the Tae is not paid in cannily manner, CI..IENT will be responsible for the payment of I S% interest per month
<br />or I S %annually on the unpaid balance, if litigation arises out ofthis Agrccment, the provailing patty shall Wounded to reasonable costs incurred In connection
<br />with the litigation, including, but not limited to eannteys' fees,
<br />3A D' UaS nSy.— PYRO shill pay all normal expenses directly related to the Production including freight, lasuance as outlined, pyrotechnic
<br />Products. pyrotechnic equipment, experienced pyrotechnic personnel to set up mod discharge the pyrotechnics and those additional items as outlined as PYRO's
<br />responsibility in Ire Scope of Work. CLIENTshall pay all arses related m the production not supplied by PYRO including; but not limited to, those items
<br />unlined as CLIENT's responsibility in this Agreement and Scope of Work.
<br />4. r • t SSU,peJ.Jtth.tx - PYRO represents and warrants tlmt it owns all copyrights, including performance rights, to this Production, except that PYRO
<br />does not own CLIEN9' -owned mntarial or third - party -owned material that his been included in the Production, and as to such CLfENt' -owned and third - party-
<br />owned material, CLIENT atysumes fall responsibility thcrcliam CLIENT agrees that PYRO strait retain ownership of, and all copyrights and others ights to, the
<br />Production, except that PYR0 shall not acquire or retain any ownership or other rights in or to CLI I"'N'r- owned material and thad-proy -owned mntcrinl and shhall
<br />native responsible (n any wily for such ntaksial. !I'appiiutbla, CL.IL'•NT oo nnalls to the use of CLIHN'l %owned material and represents tot it has or will obtain
<br />Ally permission tiom approprine third parties sufficienl tie mrthorixo public ukhibitlon of any such material in connection with this Production. PYRO reserves the
<br />uwlamhip rights in its trade names that tare used in or are a product of tire production. Any reproduction by sound, video or other duplication or according process
<br />wltheal the express written permission of PYRO is prohibited.
<br />5. S"- PYRO cud CLIENT shall each comply with opplicablo federal, ante and local laws and regulations and employ Solely programs and Iveasnires
<br />consistent with recagnlzcal applicnbie hrdusny shnuinrds nml prttctiees. At all tfmcs before and during the ProductioL it shalt be within VYRO's stile distal tion to
<br />determine whether or not the Production mvy be safely discharged or emotional. it shall not constitute a trench of this Agreement by PYRO for fireworks to not
<br />or mal'hmciioin, or for PYRO to determine that the Production cannot be discharged or contained as it result of tiny conditions or GINUtl atances affecting safety
<br />beyond tine reasonable control ofPYRO.
<br />b. ,fir, }"pp{ty, - CLIENT shell provide adequate sua,trhy personnel, barricades, and Police Doparuncnt services as may be necessary to preclude individuals
<br />other than those authorized by PYRO f oat entering nn tree to be designated by PYRO as the area oil [tic set -up and discharge of the Production, malted ing a
<br />fill [out area r atslhctary to I VRO whore tiro pyrotechnics mny safely rise anal any debris Wray safety fall. PYIto shall have no responsibility for aiumitoring or
<br />controlling CLIT_NI "s other aonuaarors, providers or volunteers; (Ice public; areas to which the public or contractors have access; or any other public or contractor
<br />tttcilides associated with the Production. �•,',]
<br />PS 1-2e EX k -3
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