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} �E N-2026-016
<br /> Pyro Spectaculars,Inc. � � � � City of Santa Ana
<br /> P.O. Box 2329 — Tet Festival, Program A, Revision 95
<br /> Rialto,CA 92377 I' r AN February 7,2026
<br /> Tel: 909-355-9120 :::: Fax: 909-355-9813
<br /> PRODUCTION AGREEMENT
<br /> try (Special)
<br /> This agreement("Agreement")is made this day of JaYMCIn 202k by and between 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 are sometimes referred to
<br /> as"Party"or collectively as"Parties"herein.
<br /> I. 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",attached hereto and
<br /> incorporated herein by this reference.
<br /> 1.1 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 ofthis 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 first Production shall take place on February 7,2026,at approximately 5:45 PiNI at Centennial Regional Park Soccer Field,
<br /> west of the 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$18,150.00 USD(EIGHTEEN THOUSAND ONE HUNDRED FIFTY DOLLARS)("Fee")
<br /> for the Production.CLIENT shall pay to PYRO the total balance of the Production Fee of$18,150.00 USD(EIGHTEEN TtiOtrSAND ONE HUNDRED
<br /> FIFTY DOLLARS)plus estimated permit and standby fees,and other regulatory costs approximated at U$ O.00 OR an amount to be determined,for a total of
<br /> $18,150.00,upon the execution ofthis Agreement by both parties but no later than January 29,2026.CLIENT authorizes PYRO to receive and verify creditand
<br /> financial information concerning CLIENT from any agency,person or entity including but not limited to credit reporting agencies.The"PRICE FIRM"date,the
<br /> date by which the executed Agreement must be delivered to Pyro,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 18%annually on the unpaid balance. If litigation arises out ofthis 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 Agreementand 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 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 ofany such material in connection with this Production.PYRO reserves the
<br /> oxnership 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 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. 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. Cleanup-PYRO shall be responsible for the removal oral]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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