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Pyro Spectaculars, Inc.
<br />P.O. Box 2329
<br />Rialto, CA 92377
<br />Tel: 909-355-8120 :::: Fax: 909-355-9813
<br />INSURANCE ON FILE
<br />WORK MAY PROCEED
<br />UNTIL INSURANCE EXPIRES
<br />CLERK OF COUNCIL
<br />DATE:
<br />N-2022-147
<br />City of Santa Ana
<br />Program A - Revised
<br />July 4, 2022
<br />Page 1 of 4
<br />nn,,�n/,r•¢¢ pp I-, (SA)
<br />PRODUCTION AGREEMENT
<br />This agreement ("Agreement") is made this'day of .2022 by and between Pyro Spectaculars, lne., a California
<br />N corporation, heieinalier rel'ened to as ("PYRO"), and City of Santa Ana, bereinzfter eferred to as ("CLIENT'). PYRO and CLIENT are sometimes refelmd to as
<br />N "Party" or collectively is "Parties" herein.
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<br />r_4 1. Engagement - CLIENT hereby engages PYRO to provide to CLIENT one Fireworks production ("Production"), and PYRO accepts such engagement
<br />upon all of the promises, terns and conditions hereinafter set finish. The Production shall be substantially as outlined in Program "A - Revised", attached hereto
<br />M and incorporated herein by this reference.
<br />1.1 PVRO Dutea— PYRO shall provide all pyrotechnic equipment, trained roteclrnicians, shipping, Q p py eq p py Aping, pyrotechnic products, application for
<br />specific pyrotechnic pennies (the 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 part to be performed, including preproduction services, all as more specifically set forth below in this Agreement
<br />and in the Scope of Work ("Scope of Work"), attached hereto, incorporated herein by this reference, and made a pail of this Agreement as though see
<br />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 part 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 safely, 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 safety with respect to the public, CLIENT personnel and other contractors.
<br />2. Time and Place -'fire Production shall take place un.lniv 4. 2022, at approximately 9••00 phi, at Cenlenulal Regional Park Soccer field west a(
<br />park, Fairview St" Santa Ana, CA, Site.
<br />3. Fees, Interest, and Expenses -
<br />3.1 Fee- CLIENT agrees to pay PYRO a fee of $26,000.00 USD (TWENTY-SIX THOUSAND DOLLARS) ("Fee") for the Production.
<br />CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 %of the Production Fee $13,000.00 USD (THIRTEEN THOUSAND
<br />DOLLAR, plus estimated permit and standby fees, and other regulatory costs approximated at 50.00 -OR an amount to be determined, for a total of
<br />$13,000.00, upon the execution of this Agreement by both parties but no later than May 31, 2022, The Initial Payment is a partial payment toward the
<br />preproduction services and costs set forth in the Scope of Work ("Preproduction Serviees and Casts".) The balance of the Fee shall be paid no later than July 5'
<br />2022. CLIENT authorizes PYRO to receive and verily credit and financial information concerning CLIENT from any agency, person or entity including but nut
<br />limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement most be delivered to Pyro, is set forth in paragraph 20.
<br />3.2 Interest - In [lie event that the Fee is not paid in a linhely manner, CLIENT will be responsible for the payment of L5% interest per month
<br />or 18% 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 atlnnteys' fees.
<br />3.3 Expenses— PYRO shall 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 limiter) to, those items
<br />outlined as CLIENT-s responsibility in this Agreement and Scope of Work,
<br />4. Prom•immv flights- PYRO represenls:md wan -ants that it owns all copyrights, including performance rights, to [his Production, except that PYRO
<br />does not own CLIENT -owned material or thirst -party -owned material that has been included in the Production, and as to such CLIENT -owned and third -party -
<br />owned material, CLIENT assunhrs 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 or other rights in or to CLIENT -owned material and third -petty -owned material and shall
<br />not he responsible in anyway for such material. If applicable, CLIENT consents to theme of CLIENT -owned material and represents that it has orwillobtain
<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 bade names that arc used in or area product of the Production. Any reproduction by sound, video or other duplication orrecording process
<br />Without the express written permission of PYRO is prohibited.
<br />5. Sal_ety - PYRO and CLIENT 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 sole discretion to
<br />determine whether or not the Production maybe safely discharged orcontinued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail
<br />on malfunction, or for PYRO to determine that the Production cannot be discharged reconsidered as a result of any conditions or circumstances affecting safety
<br />beyond die reasonable control of PYRO.
<br />6. $cciurliv -CLIENT shall provide adequate security personnel, barricades, and Police Department services as any be necessary to preclude individuals
<br />otherthan those authorized by PYRO from entering an area to be designated by PYRO as the area for 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'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. Clete- PYRO shall be responsible fee [lie removal of all equipment provided by PYRO and clear up of any live pyrotechnic debris node necessary
<br />by PYRO. CLIENT shall be responsible finally olherclean up which may be required of the Production orset-up, discharge and fallout areas including any
<br />environmental clean-up.
<br />PSI V-202I
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