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ttv�t�liP�a�w�E ®N FILE <br />tAr0iRIK iN�y �Rt'�EED <br />Y11NrY� IN�t1�RANGE EXPIRES <br />" /�— /Z <br />GLERK QF COUNGIE_ <br />t�wrE: JUN 2 4 2012 <br />p �. P�c�sC �> <br />S,�vlc� <br />vps <br />Amendment No. 1 <br />to <br />Fireworks Display Agreement <br />N- 2012 -072 <br />C �`C This Amendment No. 1 to Fireworks Display Agreement ( "Amendment ") made between Pyro <br />Engineering, lnc. ( °PEI ") and the City of Santa Ana, ("Sponsor'). <br />WHEREAS, PEI and Sponsor wish to amend the Fireworks Display Agreement effective <br />on the date of Binding Effect defined therein (the `Original Agreement"), attached hereto <br />and incorporated by this reference; the Original Agreement as amended by this <br />Amendment is hereinafter referred to as the °Agreement °, to contract for the July 1, 2012 <br />firework show produced by PEI. This Agreement shalt be effective on the same day the <br />Original Agreement becomes effective. <br />NOW THEREFORE, the parties hereby mutually agree as follows: <br />1 _ Section 1 O f) of the Original Agreement, GENERAL PROVISIONS, Insurance, shall <br />be deleted in its entirety and replaced with the following: <br />°PEI agrees, prior to the provision of services to provide to Sponsor evidence of <br />insurance in the following amounts: <br />a. Commercial General Liability Insurance. PEI shall maintain commercial general <br />liability insurance which shall indude, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom <br />and damage to property, resulting from any act or occurrence arising out of PEI's <br />operations in the performance of ibis Agreement, including, without limitation, <br />acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including <br />death resulting therefrom, and property darYiage, in the total amount of <br />$1,000,000 per occurrence, $2,000,000 in the aggregate. Such Insurance shall <br />(a) Warne the City of Santa Ana, its officers, employees, agents, volunteers and <br />representatives as additional insured(s); (b) be primary and not contributory with <br />respect to insurance or self - insurance programs maintained by the City; and (c) <br />contain standard separation of insureds provisions_ <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall <br />include coverage for owned, hired and non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the California Labor Code, PEI, if PEI has any employees, is required to <br />be insured against liability for worker's compensation or to undertake self - <br />insurance. Prior to commencing the performance of the work under this <br />Agreement, PEI agrees to obtain and maintain any employer's liability insurance <br />with limits not less than $1,000,000 per accident_" <br />2. Section 14 of the Original Agreement, ARBITRATION, shall be deleted in its entirety <br />and replaced with the following: <br />