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N-2019-158A
<br />Pyro Spectaculars, Inc.
<br />P.O. Box 2329
<br />�j Rialto, CA 92377
<br />Tel: 909-355-8120 :::: Fax: 909-355-9813
<br />ti
<br />PR012j1U_GTI0N AGREEMENT
<br />City of Santa Ana
<br />Program A Addition
<br />October 27, 2019
<br />Page 1 of 4
<br />This agreement ("Agreement") is made this day bf _JUft6j4betwccn Pyro Spectaculars, Inc., a California
<br />corporation, hereinafter referred to as ("PYRO"), and City of Santa Ana, hereinafter referred to as ("CLIENT"). PYRO and CLIENT arc sometimes referred to as
<br />"Pony" or collectively as "Ponies' herein.
<br />I. Eneageratcol - CLIENT hereby engages PYRO to provide to CLIENT one 6rewm'ks production ("Production"), and PYRO accepts such engagement
<br />upon all of the promises, tenor and conditions hereinafter act forth. The Production shall be substantially as outlined in Program "A Athillion', attached hereto
<br />and incorporated herein by this reference.
<br />1.1 PYRO Duties - PYRO shall provide all pyrotechnic equipment, trained pymtechnicians, shipping, pymtmhnic products, application for
<br />specific pyrotechnic permits (tire cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering 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 made a part alibis Agreement as though set 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 to the Site, any permission necessary to utilize the Site for the Production, and the other things on its pan to be performed as more
<br />specifically set forth below in this Agreement 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 of the Site shall be the responsibility of CLIENT, including, but not limited to, access,
<br />use, control, parking and general safely with reepeet to the public, CLIENT personnel and other contractors.
<br />2. Time and Place -The Production shall take place on Oetober 21.2019, at approximately 9:00 an, at Centennial Regional Park Athletic Field, East
<br />end or nark, 3062 W. Edinger Ave. Santo Ami, CA, Sim:
<br />3. Fee., ntemst. and Expenses -
<br />3.h Fee - CLIENT agrees to pay PYRO a fee of S5.000.00 LSD (FIVE THOUSAND DOLLAILS) ('Pee") for the Production. CLIENT shall
<br />pay to PYRO S2500.00 LSD (TWO THOUSAND FIVE HUNDRED DOLLARS) of the Fee plus estimated permit and standby fees, specified production
<br />costs, and other regulatory costs approximated at S 00.00 OR an amount to be determined, fora total of $2,500.00, as a deposit ("Deposit") upon the execution
<br />of this Agreement by both parties but no later than October 22, 2019. The balance of the Fee shall be paid no later than October 28, 20I9. CLIENT authorizes
<br />PYRO to receive and verify credit and financial information concerning 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 Pym, is set forth in paragraph 20.
<br />3.2 Interest -In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month
<br />or 1 g%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 />with the litigation, including, but not limited to attorneys' fees.
<br />3.3 Extuamses- PYRO shell pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic
<br />products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional items as outlined as PYRO's
<br />responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not limited to, those items
<br />outlined as CLIENT's responsibility in this Agreement and Scope of Work.
<br />4. Pmurietnry Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except drat PYRO
<br />does not own CLIENT -owned material or third -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party -
<br />owned material, CLIENT assumes full responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the
<br />Production, except that PYRO shall not acquire or retain any ownership m other rights in or to CLIENT -owned material and third -pony -owned material and shall
<br />not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will obtain
<br />any permission from appmpriale third parties sufficient to authorize public exhalation of any such material in connection with this Production. PYRO reserves the
<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 pmcess
<br />without the express written permission of PYRO is pmhibiled.
<br />5. Safer - PYRO and CLIENT sholl each comply with applicable federal, state and local laws and regulations and employ sorely 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 sole discretion to
<br />determine whellncr or not the Pmduclion maybe safely discharged or continued. It shall not constilme a breach of this Agreement by PYRO for fomoaks to fail
<br />or malfunction, or for PYRO to determine that the Production cannot be discharged or continued as a result of any conditions or circumstances aRecling safely
<br />beyond the reasmmble control of PYRO.
<br />6 Seeurltc -CLIENT shall provide adequate security personnel, boricadcs, and Police Depanmen services as may be necessary to preclude individuals
<br />other than those authorized by PYRO from entering an am to be designated by PYRO as t e area for the sel-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 ar
<br />controlling CLIENT-s other contractors, providers or volunteers; the public; arras to which the public or contractors have access: or any Other public orcoomictor
<br />facilities associated with the Pmduclion.
<br />7. Chaum - PY RO shall be responsible for the removal of all equipment pmvided by PYRO and clean up of any live pyrotechnic debris made necessary
<br />by PYRO CLIENT shall be responsible for nny other clean up which may be requhed orthe Production or set-up, discharge and fallout areas including any
<br />envimnnacmal clrnn-up.
<br />PS V I-2c
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