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QRIGfNAL <br /> GENERAL SERVICES AGREEMENT <br /> (Devastating Pyrotechnics) <br /> This Agreement is made and entered into between the City of Redwood City <br /> ("City"), a municipal corporation, and Devastating Pyrotechnics, Inc., duly licensed by <br /> the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the State of <br /> California ("Contractor") as of June 12, 2012 (the "Effective Date"). In <br /> consideration of their mutual covenants, the parties hereto agree as follows: <br /> 1. Scope of Work. Subject to the terms and conditions of this Agreement, <br /> Contractor shall provide those services described in Exhibit A and incorporated herein by <br /> reference. In summary, the services to be performed are to provide a public fireworks <br /> display on July 4, 2012. City agrees to provide the following in connection with the <br /> services: <br /> A. A suitable DISPLAY SITE in which to stage, set up, and fire the display. This <br /> DISPLAY SITE will incorporate an appropriate fallout zone,to be approved by Contractor, <br /> which will fulfill any requirements set forth by any governing legal authority. <br /> B. Adequate security to prevent any access to the DISPLAY SITE by members of <br /> the general public or any persons not expressly agreed to by Contractor. Should a multiple day <br /> setup be required, City will provide appropriate security during all the times Contractor is away <br /> from the DISPLAY SITE. <br /> C. Any required "standby" Firemen, and/or any applicable permit costs and fees as <br /> required by state and local statutes, ordinances or regulations will be provided by City. <br /> D. Sufficient parking, all necessary site and event passes. City will allow Contractor <br /> sufficient time and available access, as determined by Contractor, to safely and professionally set <br /> up and discharge the display and subsequently remove the display equipment from the <br /> DISPLAY SITE. <br /> E. City has the option to cancel the display at any time. If City decides to cancel, <br /> City agrees to pay Thirty-Five percent (35%) of the contract price and all other associated costs <br /> incurred by Contractor including pyrotechnic operator's fee,transportation, custom design or any <br /> other provable expense associated with the execution of the Display. City agrees that adverse <br /> weather conditions, or any other cause that is beyond Contractor's control, may prevent the <br /> display from being discharged on the scheduled date and time. In the event that Contractor, at its <br /> sole discretion, determines that the weather unsuitable for the discharge of the display, City will <br /> pay Thirty-Five percent(35%) of the contract price per the cancellation provision set forth <br /> herein. <br /> 2. Pavment Terms. For the services described in Exhibit A,the City agrees to pay <br /> Contractor a total amount that shall not exceed $50,000, which amount shall include all <br /> expenses. Fifty percent (50%) of this amount will be paid to Contractor upon execution of the <br /> Agreement. The remaining amount will be paid to Contractor upon receipt of invoice following <br /> completion of the work. In no event shall Contractor submit any billing for an amount in excess <br /> of the maximum amount of compensation provided for in this section. <br /> 3. Term of Performance. Contractor shall begin performing the services set <br /> forth in Eachibit A as soon as he or she is notified by the City. Contractor shall thereafter <br /> perform and complete all services by no later than July 4, 2012. <br /> General Services Agreement between the City of Redwood City and June 12,2012 <br /> Devastating Pyrotechnics Page 1 of 6 <br />