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INSURANCE ON FILE
<br />WORK MAY PROCEED N-2024-068
<br />Pyro Spectaculars, Inc. UNTIL IN URANCE EXPIRES City of Santa Ana
<br />P.O. Box 2329 _ Program A
<br />Rialto, CA 92377 CITY CLERK July 9, 2024
<br />Tel: 909-355-8120 :::: Fax: 909-39Q! A13 l' 1.), I ,f 4
<br />0 ?ZGSACI) PRODUCTION AGREEMENT
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<br />N This agreement ("Agreement") is made this - da of C
<br />� , 2024 by and between Pyro Spectaculars, Inc., a Califimia
<br />N corporation, hereinafter referred to as CTYRO"), and City of Santa Ana, hereinafter ve a ed to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as
<br />"Party" or collectively as "Parties" herein.
<br />N
<br />m I. Encasement -CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement
<br />W 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 />"- incorporated herein by this reference.
<br />Ll PYRO Duties - PYRO shall provide all pyrotechnic equipment, trained pyrotechnfe(ans, 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 to the public, CLIENT personnel and other contractors.
<br />2. Time and Place - The Production shall take place on July 4. 2024, at approximately 9:00 P01 at Centennial Rceional 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 S30100.00 USD (THIRTY THOUSAND ONE HUNDRED DOLLARS) ("Fee") for the
<br />Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 %of the Production Fee S15.050.00 LSD (FIFTEEN THOUSAND
<br />FIFTY DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at 0$0.00 OR an amount to be determined, fora total of
<br />S 15,050.00, upon the execution of this Agreement by both parties but no later than March 4, 2024. The Initial Payment is a partial payment toward the
<br />preproduction services and costs set forth in the Scope of Work ("Preproduction Services and Costs".) The balance of the Fee shall be paid no later than July 5,
<br />2024_ CLIENT authorizes PYRO to receive and verify credit and financial information concerning CLIENT from any agency, person or entity including but not
<br />limited to credit reporting agencies. The -`PRICE FIRM' date, the date by which the executed Agreement must be delivered to Pyro, is set forth in pamgmph 20.
<br />31 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 Riehts - 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-partyowned material that has been included in the Production, and as to such CLIENT -owned and third -parry -
<br />awned 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 -awned 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 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 area 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. Securih - 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 pyrotcv:hnics 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 orcontmetor
<br />facilities associated with the Production
<br />7. Clearing - 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 otherelean up which may be required of the Production or set-up, discharge unit fallout areas including any
<br />environmental clean-up.
<br />PSI V-2021 1
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