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Pyro Spectaculars, Inc.
<br />P.O. Box 2329
<br />Rialto, CA 92377
<br />Tel: 909-355-8120 :::: Fax: 909-355-9813
<br />0•.P
<br />D`;tfR".NCE ON FILE
<br />PROCEED
<br />„„,RAN CE EXPIRES 3'1EP
<br />COU CIL
<br />rJC'. to -iy-15
<br />PRODUCTION AGREEMENT
<br />City of Santa Ana
<br />Program #A (Revised)
<br />July 4, 2015
<br />Pm, e I of 4
<br />N-2015-062
<br />This agreement ("Agreement") is made this _day of A P rh � ,2015 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 as
<br />"Party" or collectively as "Parties" herein.
<br />L Eumizement - 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 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 as more specifically set forth below in this Agreement and in the Scope of Work ("Scope of
<br />Work"), attached hereto, incorporated herein by this reference, and made a part of this Agreement as though set 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 Juiv 4, 2015, at approximately 9:00 PM, at C'entenniat Rogtonal Park soccer Geld wesu nl'
<br />park, Santa Ana, CA., Site.
<br />3. Fees. Interest, and Expenses -
<br />3.1 Fee - CLIENT agrees to pay PYRO a fee of $20,1100.00 USD fl`W ENTY THOUSAND DOLLARS) ("Fee") for the Production. CLIENT
<br />shall pay to PYRO $10 000.00 USD (TEN THOUSAND DOLLARS) of the Fee plus estimated permit and standby fees, specified production costs, and Other
<br />I egulatory costs approximated at $00,00 OR an amount to be determined, for a total of $10.000.00, as a deposit ("Deposit") upon the execution of this
<br />Agreement by both parties but no later than Mav 1.2015. The balance of the Fee shall be paid no later than July 6 2015. CLIENT authorizes PYRO to receive
<br />and verily aedit and financial information concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The
<br />"PRICE FIRM" date, the 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 he responsible for the payment of 1.5% interest per month
<br />or 18% amorally 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, hose 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 shal I
<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 are a product of the Production. Any reproduction by sound, video or other duplication or recording process
<br />without tile 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 fmfireworks 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 tlhose 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 ant 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 tie 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 mud clean up of any live pyrotechnic debris made necessary
<br />by PYRO. CLIENT shall be responsible for any other cleanup which maybe required of the Production or set-up, discharge and fallout areas including any
<br />environmental clean-up.
<br />PS V I -2e
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