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N-2023-076
<br />INSURANCE ON FILE
<br />Pyro Spectaculars, Inc. WC:-t!i '..'>. F,^)CEED City of Santa Ana
<br />P.O. Box 2329 a "�('E EXPIRES Program A
<br />Rialto, CA 92377 July 4, 2023
<br />Tel: 909-355-8120 :::: Fax: 909-355-9813 Pa_c I of
<br />S) (s ttil PRODUCTION AGREEMENT
<br />x^7 This agreement ("Agreement") is made this I.5 day of M ny eM .20 23 by and between Pyro Spectaculars, Inc-, a California
<br />ucorporation, hereinafter referred to as ("PYRO"), and City of Santa Ana, hereinafter referred to as ("CLIENT") PYRO and CLIENT are sometimes referred to as
<br />N "Party' or collectively as "Parties" herein.
<br />L Engagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production'), and PYRO accepts such engagement
<br />r upon all of the promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and
<br />Lr incorporated herein by this reference.
<br />LI PYRO Duties—PYRO shall provide all technic equipment, trained rotechnicians, shipping, technic products, application for
<br />P pyrotechnic PYpyrotechnic P
<br />specific pyrotechnic permits (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 an its pan to be performed, including preproduction services, all as mom 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 pan of this Agreement as though set
<br />forth fully herein.
<br />12 CLIENT Dulles — 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 m 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 safety with respect to the public, CLIENT personnel and other contractors-
<br />2. Time and Place -The Production shall take place on.luly 4. 2023 at approximately 9:00 PYI, at Centennial Regional Park soccer field west of
<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 S28,650.00 USD(TR'EN'fY-EIGHT THO L SAND SIX II U NDRED VI FTY DOLLARS)
<br />("Fee") for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 % of the Production Fee S 14325.00 US
<br />(FOURTEEN T11OLSAND THREE HUNDRED TWENTY-FIVE DOLLARS) plus estimated permit and standby fees, and otherregulatory costs
<br />approximated at JR0.00 OR an amount to be determined, for a total of S 14325.00, upon the execution of this Agreement by both parties but no later than Aprtl
<br />3 20_23. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and
<br />Costs".) The balance of the Fee shall be paid no later than duty S. 2023. CLIENT authorizes PYRO to receive and verify credit and financial information
<br />concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the
<br />executed Agreement must be delivered to Pyre, is set fort[ 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 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 attorneys' 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 limited to, those items
<br />outlined as CLIENT's responsibility in this Agreement and Scope of Work.
<br />4. Proprietary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except 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 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 or other rights in or to CLIENT -owned material and third -party -owned material and shall
<br />not he 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 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 names that amused in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process
<br />without the express written permission of PYRO is prohibited.
<br />5. Safety - 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 may be safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks 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 affecting safety
<br />beyond the reasonable control of PYRO.
<br />6. Securi -CLIENT shall provide adequate security personnel, barticades, and Police Department services as may be necessary to preclude individuals
<br />other than 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. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary
<br />by PYRO. CLIENT shall be responsible for any other clean up which may be required of the Production or set-up, discharge and fallout areas including any
<br />environmental clean-up.
<br />PSI V-2021-2
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