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INSURANCE ON FILE
<br />WORK MAY PROCEED
<br />Pyro Spectaculars, Inc. UNTILIL I�SU�RANCE EXPIRES
<br />P.O. Box 2329
<br />Rialto, CA 92377 CITY CLERK OV 3 0 2023
<br />Tel: 909-355-8120 :::: Fax: 909-35J-70i3 NJ
<br />PRODUCTION AGREEMENT
<br />F"eoiri)
<br />This agreement ("Agreement") is made this -2I day of k)ve,��xY, 2023 by and between Pyro Spectaculars, Inc., a California
<br />corporation, hereinafter referred to as ("PYRO"), and City of Santa Ana, hereinafter refened m as ("CLIENT"). PYRO and CLIENT are sometimes refened to as
<br />"Parry" or collectively as "Parties" herein.
<br />N-2023-318
<br />City of Santa Ana
<br />Program A -Revised
<br />February 3,2024
<br />Pace I of 4
<br />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, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A -Revised", attached hereto and
<br />incorporated herein by this reference.
<br />Ll PYRO Duties—PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for
<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 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 part of this Agreement as though set
<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 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 in the public, CLIENT personnel and other contractors.
<br />2. Time and Place - The Production shall take place on February 3 202.1, at approximately 9: 0 PM at Centennial Regional Park Soccer field %vest
<br />ofoark Fairvien• St., Santa Ana, CA, Site.
<br />3. Fees. Interest, and Expenses -
<br />3.1 Fee -CLIENT agees to pay PYRO a fccof$14,975.00 USD(FOURTEEN THOLSAN) NINE HLNDREDSEVENTY-FIVE
<br />DOLLAR ) ("Fee") for the Production. CLIENT shall pay to PYRO an initial payment ('Initial Payment") equal to 50 % of the Production Fee $7 4SS.00 LSD
<br />(SEVEN THOUSAND FOUR HUNDRED EIGHTY-EIGHT DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at
<br />00.00 OR an amount to be determined, for a total of S7.488.00, upon the execution of this Agreement by both parties but no later than December 1. 2023. The
<br />Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs".) The balance
<br />of the Fee shall be paid no later than February 5. 2024. CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT
<br />from any agency, person or entity including but not limited to credit reporting agencies. The "PRICE FIRM" date, the date by which the executed Agreement must
<br />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 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 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 Riahts - 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 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 form 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 are used in or are a product of the Production. Any reproduction by sound, video or other duplication or recording process
<br />without the express written pemdssion of PYRO is prohibited.
<br />5. Safe - 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. Security - CLIENT shall provide adequate security personnel, barricades, 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. Clete - 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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