CONTRACT 6066 Vender Agreement CLOSEDAgreement No. 6066
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax; 909-355-9813
PRODUCTION AGREEMENT
(Special)
City of El Segundo Parks & Recreation
Program A, Rev. # 4
,July 4, 2021
i'ac 1 of -I
This agreement ("Agreement") is made this 27*l`1 day of HI -IL LI by and botwccr7 Pyro Spectaculars, Inc., a California
corporation, hereinafter referred to its ("PYRO'), and City of El Segundo Parks & Rcereation, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are
sometimes referred to as "Party" or collectively us "Parties" herein.
1, tart xaggr,r>end - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement
upon all of The promises, terms and conditions hereinafter set forth. The Production shall be substantially as outlined in Program "A", attached hereto and
incorporated herein by this reference.
1.1 PYI'10 Irutics— PYRO shall provide all pyrotechnic equipment, trained pyrotechnicinns, shipping, pyrotechnic products, application for
specific pyrotechnic permits (the cost of which, including standby tees, shall be paid by CLIENT) relating to the Production, insurance covering the
Production and the other things on its part to he performed, including preproduction services, as more specifically set forth below in this Agreement
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
forth fully herein.
1.2 j.3jrh,,r tlartics —CLIENT shall provide to PYRO a suitable site ("Site') for the Production, security for the Site as set forth in Paragraph
6 hereof, access to the Site, may permission necessary to utilize the Site for the 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. All Site arrangements are subject to PYRO's reasonable approval as to
pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of CLIENT, including, but not limited to, access,
use, control, parking and general safety with respect to the public, CLIENT personnel and other contractors.
2 'UmEsr- d "E s -The Production shall take place of ,I ram , at approximately a a0., 0 1, at t"3 Se Aarsdo R r tiara Nark `I' ins 'anrr v� 4111
41a tTrrr , FI Segun la, CA, Site.
3. Fors. Interest. and _Far tir;osa t NNkj , 2 Z) L It
3.1 FILL- CLIENT agrees to pay PYRO a fee of 2i' 111„tbt1 USD (T sE'°" TY-lrl'vl " IO S D 00 „ .A Itil ("Fee") for the Production.
CLIENT shall pay to PYRO an initial payment ("Initial Payment') equal to 50 % of the Produclton a $12 5, 0Q,_1113 USD (1"%% ' 4 Ej'l It I1S _FIVE
plus estimated.' permit and standby fees, and other regulatory casts app snrrated at CII 3f1 an amount to he determined, for a
total of, 12 .ri00.00, upon (lie execution of Ibis AgNetrrent by both parties but no later Ilion raft. "fire Initial payment is a partial payment toward the
preproduction services and ousts set forth in the Scope of Work ("Prop roduction Scrviccs and Costs",) The balance of the Fcc shall be paid no leer than d�fi-,
2, . CLIENT authorizes PYRO to aeccivc and verify credit and financial information conecriring CLIENT from any agency, person or entity including but not
limited to credit reporting agencies. 'rho "PRICE FIRM" date, the date by which The executed Agreement must be delivered to Pyro, is set forth in paragraph 20.
3.2 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of the maximum interest
permitted by law on the unpaid balance. If litigation arises out of this Agreement, the prevailing party shall be entitled to reasonable costs incurred in connection
With the litigation, including, but not limited to attomeys' fees.
3.3 fr%ne rses -- PYRO shall pay all normal expenses directly related to the Production including freight, insurance as outlined, pyrotechnic
products, pyrotechnic equipment, experienced pyrotechnic personnel to set up and discharge the pyrotechnics and those additional iteins as outlined as PYRO's
responsibility in the Scope of Work. CLIENT shall pay all costs related to the Production not supplied by PYRO including, but not Ihnited to, those items
outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Prolrriclary 1,6001 - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except Ilia( PYRO
does not own CLIENT -owned material or third-parly-owned material that has been included in the Production, and as to such CLIENT -owned and third -party -
owned material, CLIENT assumes till responsibility therefore. CLIENT agrees that PYRO shall retain ownership of, and all copyrights and other rights to, the
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
not be responsible in anyway for such material. If applicable, CLIENT consents. to the use ofCLIENT-owned material and represents that it has or will obtain
any permission from appropriate third parties sufficicol to authorize public exhibition of any such material in connection with this Production. PYRO reserves the
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
without the express written permission of PYRO is prohibited.
5. Safely - PYRO and CLIENT shall each comply with applicable federal, state and local laws and regulations and employ safety programs and measures
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
determine whether or not the Production may be safely discharged or continued, except that Fire Department and Police Department officials may delennine that
the conditions are not safe enough to continue with the Production. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or
malfunction, or for PYRO or fire or police officials to determine Ilia( the Production cannot be discharged or continued as a result of any conditions or
circumstances affecting safely beyond the reasonable control of PYRO,
6. Security - CLIENT shall provide adequate security personnel, barricades, and Pol ice Department services as may be necessary to preclude individuals
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
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
controll ing CLIENT's other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any Other public or contractor
facilities associated with the Production,
7. a� - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any 1 ivc pyrotechnic debris made necessary
by PYRO. CLIENT shall be responsible for any other clean up which may be required of file Production or set-up, discharge and fallout areas including any
environmental clean-up.
PSI V-2021.2
Agreement No. 6066
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::, Fax: 909-355-98 f 3
City of El Segundo Parks & Recreation
Program A, Rev. # 4
July 4, 2021
Pa-c 2 of'4
S. Permits - PYRO agrees to apply for permits lbr the firing of pyrotechnics only from the ISI Segundo mire Department, FAA, and USCG, if required.
CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT shall be responsible for obtaining any other necessary
permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire fJepartnrcnts, road closures, event/activity or land
use permits or any permission or permit required by any Local, Regional, State or federal Government.
9. Insurance- PYRO shall at all times during the performance ofservices herein ensure that the Ibllowing insurance is maintained in connection with
PYRO's peribmiance ofthis Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under [his
Agreement; (2) automobile liability insurance, (3) workers' compensation insurance and employer liability insurance. Such insurance is to protect CLIENT from
claims for bodily injury, including death, personal injury, and from claims of property damage, which may arise from PYRO's performance of this Agreement,
only. The types and amounts of coverage shall be as set forth in the Scups of Work. Such insurance shall not include claims which arise from CLI]NT's
negligence or willful conduct or from failure of CLIEN"I to perrorm its obligations under this Agreement, coverage for which shall be provided by CLIENT.
The coverage of( hese policies shall be subject to reasonable inspection by CLIENT. Certificates of Insurance evidencing the required general liability coverage
shall be furnished to CLIENT prior to the rendering of services hereunder and shall include that the following are named as additionally insured: CLIENT;
Sponsors, Landowners, Barge Owners, if any; and Permitting Authorities, with respect to the operations of PYRO at the Production. Pyrotechnic subcontractors
or providers, if any, not covered under policies of insurance required hereby, shall secure, maintain and provide their own insurance coverage with respect to their
respective operations and services.
10, Iran natrilieatitnt - PYRO represents and warrants that it is capable of furnishing (lie necessary experience, personnel, equipment, materials, providers,
and expertise to produce the Production in a sale and professional manner. Notwithstanding anything in this Agreement to the contrary, PYRO shall indemnify,
hold harmless, and defend CLIENT and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not
limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising tram or out
of the Production and the presentation thereof to the extent such are occasioned by any act or omission of PYRO, their officers, agents, contractors, providers, or
employees. CLIENT shall indemnify, hold harmless, and defend PYRO (torn and against any and all claims, actions, damages, liability and expenses, including
but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising lrom
or out of the Production and the presentation thereofto the extent such are occasioned by any act. or omission of CLIENT, its officers, agents, contractors,
providers, or employees. In no event shall either patty be liable for the consequential damages of the other party.
I I . 1 ltatitntirart raf llttaana Nes frrr Qrdliltir. ° lbrencla - Except in the case orboddy injury and property damage as provided in the insurance and
indemnificalion provisions of Paragraphs 9 and 10, above, in (lie event CLIENTclaims that PYRO has breached (his Agreement or was otherwise negligent in
performing die Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond 6hc arno'unt CIAENT has
paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequcntial damages from PYRO including, wisbout limitation, damages
for loss of income, business or profits,
12. to pr g L °eur3;- CLIENT agrees to assume the risks of wenthcr, strike, civil unrest, lerrorisn, military action, governmental action, and any other
causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date, which may cause Elie cancellation of
any evert for which CLIENT has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a
necessary time before the Production. If', foot any such reason, PYRO is not reasonably able to safety discharge the Production on the scheduled date, or at the
scheduled time, or should any event for which CLIENT has purchased the Production he canceled as a result of such causes, CLIENT may (i) reschedule the
Production and pay PYRO such sums as provided in Paragraph 13, or (ii) cancel the Production and pay PYRO such sums as provided in Paragraph 14, based
upon when the Production is canceled.
13. I s h gtftuli t . Or Event -If CLIENT elects to reschedule the Production, PYRO shall be paid die original Fee plus ail additional expenses made
necessary by rescheduling plus a 15% service fee on such additional expenses. Said expenses will be invoiced separately and payment will be due in full within 5
days of receipt, CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation
and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production she]I not be
rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July
15th unless the original date was July 41h of that same year, or between December 15th and January iSth unless the original date was December 31st ofthc earlier
year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14 ftie at T"o iI"ttnrt^.I — CUEN'r shall have the option to unilaterally cancel the Production prior to the scheduled date. if CLIENT exercises this option,
CLIENT agrees to pay to PYRO, as liquidated damages, the following percentages of the Fee asset forth in Paragraph 3,1. 1) 50% if cancellation occurs 30 or
more days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled date, 3) 100% thereafcr, In the event CLIENT cancels
the Production, it will be impractical or extremely difficult to fix actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the
damages PYRO will suffer if CLIENT cancels the Production,
15. pin a$oit0l VU1ttw -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall he construed as forming a partnership or
joint venture between CLIENT and PYRO. PYRO shall be and is an independent contractor with CLIENT and not an employee of CLIENT. The Parties hereto
shall be severally responsible for their own separate debts and obligations and neither Party shall be held responsible for any agreements or obligations not
expressly provided for herein.
16, ,ynttlrc4b1t 1,aov -This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws orCadifornia.
It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for any such action. In the event that the scope of
the Production is reduced by authorities having jurisdiction or by either Party for safety concerns, the full dol lot amounts outlined in this Agreement are
enforceable,
17. aNaa- otl - Any Notice to the Parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail,
postage prepaid, first class, addressed as follows: PYRO —Pyro Spectaculars, inc., P.O. Box 2329, Rialto, California, 92377, or for overnight delivery to 3196 N,
Locust Avenue, Rialto, California 92377. CLIENT— :it aa'1j &_qu1d a P rk �rualipta, 3, Lk I
PSI V-2021-2
Agreement No. 6066
Pyro Spectaculars, Inc. City of El Segundo Parks & Recreation
P.O. Box 2329 Program A, Rev, # 4
Rialto, CA 92377 July 4, 2021
Tel: 909-355-8120 :::: Fax: 909-355-9813 I.'a,,c 3 of 4
18. Mrrdltiictut' n ofTernts — All tertns of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both
Parties aeknowlodgc they have received a copy of sold written Agreement and agree to be bound by said terms of written Agreement only,
19, Sew�crattrlll'ty — If there is more than one CLIENT, they shall be jointly and severally responsible to perform CLIENT's obligations under this
Agreement. This Agreement shall become effective after it is executed and accepted by CLIENT and after it is executed and accepted by PYRO al PYRO's
offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emaiied copies, each one of which shall be deemed an
original against the Party executing same. This Agreement shall be binding upon the Parties hereto and upon their heirs, successors, executors, administrators and
assigns.
20. 1" I'irrti — If any changes or alterations are made by CLIENT io this Agreement or if this Agreement is not executed by CLIENT and delivered to
PYRO on or before the PRICE FIRM date shown below, or if the Initial Payment is not paid on or before the due date, then the price, date, and scope of the
Production are subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement, In the event it is not
accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void.
PRICE FIRM through April 5, 2021
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as of the date first written above:
i"Ylto SPECTACULARS, INC.
Icy^�L;a._ .....
Jmncs R, Sul '
President f
1' YV
SHOW PRODUCER: Christopher Souza
C11 Y SEGUNDO,
A Gen rri aw Clay
BY
..
Scott Mitnick J r
City Manager I
po'"} Tr
" W11
i 'ClerkTr aver
—
A/pROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
By: _ _ sir _.
Karl H. Berger
Assistant City Attorney
PSI V-2021-2
Agreement No. 6066
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
City of El Segundo Parks & Recreation
Program A, Rev. # 4
July 4, 2021
Page 4 of 4
SCOPE OF WORK
PYRO SPECTACULARS, INC. ("PYRO")
and
City of El Segundo Parks & Recreation ("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
• One (1) Pyro Spectaculars, Inc., Production on J'ulv, at approximately "9,00 I .M. at EI Se undr It reation Patr°!x,
1'ennls Courts 01 Sheldon St.. Et Segundo, _CA.
• All pyrotechnic equipment, trained pyrotechnicians, shipping, and pyrotechnic product.
• Preproduction Services and Costs for the Production, including advance acquisition of materials and products; design,
engineering, programming, handling, staging, storage, and maintenance of products, props, and systems; preparation of drawings,
diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading
of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines
with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles,
including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance.
• Application for specific pyrotechnic permits relating to the Production.
• Insurance covering the Production as set forth in the Agreement with the following limits:
Jr rear°rrrrrci"d ratrerrtcFtrP,r Limits
Commercial General Liability $5,000,000.00 Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Business Auto '1.iabili , $5,000,000A0 Combined Single Limit- Each Occurrence
Owned. Non O=iQ and 1°lired ,autos (Bodily Injury & Property Damage)
'+porkers' Coin cns��ationn Statutory Waiver of Subrogation shall apply
EMPigyer l��aW tv $1,000,000 Per Occurrence
CLIENT shall provide to PYRO the following goods and services:
• All on -site labor costs, if any, not provided or performed by PYRO personnel including, but not limited to, local union
requirements, all Site security, Police and Fire Dept. standby personnel. All these additional personnel and services shall be fully
insured and the sole responsibility of CLIENT.
• Coordination and any applicable non -pyrotechnic permitting with the local, state or federal government that may hold authority
within the Production.
• Costs of all permits required for the presentation of the Production and the event as a whole.
• Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction
throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-
up and load -out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone.
• General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster
accessibility, a secure office for PYRO personnel within the venue, secure parking for PYRO vehicles, access to washrooms,
tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary
credentialing, etc., will be required as necessary.
PSi V-2021-2
Agreement No. 6066
Product Synopsis o Pyrotechnic Proposal
City of El Segundo
PROGRAM A— July 4,, 2021
$25,000.00
Main Body - Aerial Shells
Descri t� ion Quantity
♦ 3" Souza Designer Selections 200
♦ 4" Souza Designer Selections 180
Total of Main Body - Aerial Shells 380
Pyrotechnic Devices
Description Quantity
♦ Sousa Platinum Line Custom Multishot Device 100 Shots
♦ Sousa Emerald Line Custom Multishot Device 800 Shots
Total of Pyrotechnic Devices 900
Low -Level Pyrotechnic Devices
Description Quantity
♦ .5" Red, White, Blue Roman Candle Batten 300
♦ .5" Variegated Roman Candle Batten 300
Total of Low -Level Pyrotechnic Devices 600
Grand Finale
Des! r tion Quantity
2" Souza Designer Bombardment Shells 100
♦ 2.5" Souza Designer Bombardment Shells 90
♦ 3" Souza Designer Bombardment Shells 195
♦ 4" Souza Designer Bombardment Shells 30
Total of Grand Finale 415
Grand Total 2,295
Product descriptions are for specification of product quality, classification, and value. Final product
selections will be based on availability, suitability, and overall artistic style.