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A-2017-054
<br />RVP NO.: 17-014
<br />P'yro Spectaculars, laic. City of Santa Ana
<br />M, Box 2329 Program #A, liev, # 3
<br />Rialto, CA 92377 July 04, 2017.
<br />Tel: 909-M-8120 :::: Fax: 909-355-9813 plige I of 5
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<br />f1j (Special)
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<br />��� a. , �� � Thisagreement ("Agreement") is made this —day of �6�?�+��;017 by and betwee�t Pyra Spectaculaa°s, Inc., a California
<br />z corporation, hereinafter referred to as CTYRO"), and City of Santa Ana, hereinafter referredto as ("CUEN'S"'). PYR.0 and C ENT are sametimt s re£crred to
<br />0 as "Party" or collrotiveiy as "Parties" herein.
<br />w �• ca
<br />en a cs PYRO to provide t) CLFNT €te ftworks production �"Production"), and PYRO accepts such cn agamont
<br />CCLIEN
<br />�te " ,upon all of the prarniscs, terms and conditions hereinafter set forth. The Production shall be substruuir€liy as outlined in Program "", attached hereto and
<br />incorporated herein by this reference.
<br />1.1 tVXti _)Libra- PYRO shall provide all pyrotechnic equipment, trained shipping, pyrotechnic products, application for
<br />speuitic pyrotechnic permits (the cost of which, including standby Pecs, shall be paid by CLIENT) minting to the Production, insurance covering the
<br />production unit the other lhinLs on its part to be perl`armed as snore specifically set forth below in this Agreement and in the Scope Of ftr€c (" 5copc Of'
<br />Work"), attached hortsto, incorporated herein by this roforetwe, and made a part of this Agrcemcnt as though set forth fully herein.
<br />1? ;'' its�'l' t)trtie CLIGN'T stsail provide to PYRO a suitable site ("Site,,) frar the Production, security for the Site as set tbafi in Paragraph
<br />d herett', access to the Site, any permission necessary to utilize the Site for the Production, and the rattier things on its part to be performed as more
<br />specifically set Furth below in this Agreement and isi the Scope of Work. All Sile arrangements arc s0ject to PYRO's reasanable upproval as to
<br />pyrotechnic safety, suilabihty, and security. All other conditions of the Site shalt be the responsibility of CLIENT. including, but not limited to, access,
<br />use, control, parking and general safety with respect to the public, ME' HT personnel anti other contractors.
<br />2. Tt�m>.i€rtd t'Ettc--The Production shrill takc place on 11-113 Ut 0117 at approximately 9: 0 anr, at C: etru ! fi xlonal i"art € c Cl 1 svo €
<br />,parks lr€r1t vi y �t Ss mt€t u , ('A, Si to,
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<br />3.1 - CL.IFN'1' agrcwa its pay PYRO it fte orS'r ltt) d USD ('11AVEN ' J5tVi1 tl€f _LjATlES ("Fee") for the Production CLIENT
<br />shall pay'to PYK0 S f� IJSD c)f ft tee plus esliniatad penitit and standby lbes, spocitfed production Casts, and other
<br />rearlatory costMspproximatod at ti0 11i3 OR art nniount to be deIrr'nalnedr for a total or, f i 4l}lE,n , as a deposit ("Depcsle') upon the c!.Xmwhal ®r alfs
<br />Agrcemwa by both parties but no later than tall 0. k2. The balance of the Fie shaft bo paid nt) later Ilaart,lu , i tlf7, C.UENT auttiorims PY' W to
<br />receive and verify credit and loinnaial information Concerning CU NT from any agencyr perso€t or crony Including but not lintitccl to credit reporting ngvncitks.
<br />The "PRICE FiRfvl" date, tlne date by which the executed Agreement Must he delivered It) f'yiro, is Net rolth ht paragraph 20. NotwfthulAnkling rally Other provWut'
<br />in this Agreement. it is understood and agreed that CULNT agrees to pay, and PYROagrees to accept as total payment for setvicus for CHf NTd the rats, fee
<br />and Chargoi indentitfa;d in CG3MPENSX171 ?i -- I Xl ll9IT I3, attached hereto and ittcorporawd ro(s) this Agfei;nnent by this mi`erunce, itt on nt€€nuil( not to esced
<br />$22.000,00 11SD (WFNTY-1-Wo THOUSAND DOLLARS) fir each P€aaiuction, over the; entire tire oftha including any relsrwal lttriod(a),
<br />32 CLIENT skaii have the option to etc and Ellis ARNenrent ror two (2) additlosrat 1-year eatta:nsium for July G, 2013, and July 4.2019, If thts
<br />Agreutmit is extended after doe first year, {;'f.11aNT ogre" to pay PY1(t i u foe not to acecd $22,000,00 us(3 ('FWSA!'f`Y•'PWo 1140 7SAND fJ(a LLARS) for
<br />onall production. The PartiLl agree that, if inane-€uf re;:aurcct; art licit avoilablo to CUFNT for either of the additional Pwductions, CLIENT has the Option to
<br />cancel the Production upon noti�icatian to PYRO in writing at least OQ days prior to the sChodnlod date of die Production.
<br />33 bAerMt -In the event that the Fm is not paid in a tiralk,3y manner, C.UF:NT will be responsible for the payment or I ,5% interest per month
<br />or, 18"/o anrivatly ou the unpatid bataiicr, Irlitigation arises out of this Agreement, the prevailing party shall be anti Iled to reasonable ble costs incurred in Connection
<br />with the litigation, including, but not limited to attorneys' fees,
<br />J l IE ta,jwrLge — PYRO shall pay af[ normal expenses directly related to tltc predt€ction including weight, insurance as Outlined, pyrotechnnic
<br />prodmils, pyre€cchnic Cquip€r€c ill, ciperienced pyrotechnic parsonnel to set up and discharge tree pyrrst claatfcs and those additional items as nuttitted as PYRO's
<br />mpon.cihiIuy in [lie Sea, of Work, CIA ENT4uili pay a;l cosh rotated to tile Production not supplied by PYRO including, but not limited to, those itc€m
<br />outtined as Cl..lk.NVI respensihility in this Agreement and Serlpe Of Work.
<br />4, P, Ps�t rv_ ista - PYRO rclrrrscnts anal wiatrants that it owns all copyrights, including performance rights, to this Production, except that PYRO
<br />does not oNvu Cr,jr-N '-owncd material or third-party-onviled material that has been included in the Production, and ns to such CLIENT -owned and third-pany-
<br />owmed material, CLIENT assames full responsibility therefore. CLIENT agrees that PYRO shalt retain ownership of, and all copyrights and other rights to, the
<br />Production, except that PYRO shall not acquire or retain any owniership or other rights in or to CLIENT -owned niatcarol and third -party -owned nnuturial and shall
<br />not be €i spo€tsible it) any way for quell material. V applilimblo, r~ hfMT consents to the use OPCLttsNT-r)wnod a'naterial and represents that it has or will obtain
<br />any per€stiMsinn wont appropriate thirst pnatics sufYioiCni to to€tltori .c pot)lic exhibition orally Much material in conctootion with this Production. PYROreserves the
<br />owncr.Mhip right,, in its trade names that arc: used in Of are a product ofthe Producl€on. Any r6prnduction by sound, video or other duplication or recording process
<br />without the express wri€tea permission ofPYR0 is prohibited.
<br />3. , s fe - PYRO and ct.f f T r shall each comply with appUanble forloratl, state and kcal laws and €egAationa And eroploy sul`aty proV-ams and mcnauces
<br />cnuaistent with rucogmitvd applicable indnsity stautiurds and practices_ At all limes bella-c and during the Produe6om, it shall he within PYR(Ys s0c discretion to
<br />determine whetlaCr or nos tiro Prnductisan nsay bo safety cbsohargCd nr cotalitaucd, tt ,lust €uu cOastiitstc a branch of this Agrcenncr,tt tsy PYftU I'or fatr:wor to 1hf)
<br />or ma function, or for PYRO to determine that the Nroductien cannot be discharged or continued ns a result or any conditions or oircoEms(ances affeeting safety
<br />beyond the reamnahle control of PYRO.
<br />5. kSyAft -WENT llENT MlialI provide a dcquaw security personrtet, barricrades, and Po iue Depart€ncnt services as array ba accessary to preclude individuals
<br />other titan thaw uuillerixed by PYRO ront entering, all Area to be designated by PYRO as the area for the set-up and discharge of llw Production, including it
<br />railout area satistho sty (o PYRO where the pyrotechnics may satcly tisc and any debris rtiay ialWy fa[i, PYRO shall have no rtrspotasibility for otionitoring or
<br />contralhng CLU. €"s other contractors, providers or vol untoc mr the public; areas to which the ptihf is ur contractors !nave access; or any other p€silk or contractor
<br />Owirilies assneiated xvith the Production.
<br />P,) V 1.2o
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