CONTRACT 6623 Vender Agreement CLOSEDPyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Agreement No. 6623
City of El Segundo Parks & Recreation
Program A, Rev. ## 7
July 4, 2023
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 1 of
PRODUCTION AGREEMENT
(Special)
This agreement ("Agreement") is made this 23 day of March , 2023 by and between Pyro Spectaculars, Inc., a California
corpo ation, hereinafter referred to as ("PYRO"), and City of El Segundo Parks & Recreation, hereinafter referred to as ("CLIENT'"). PYRO and CLIENT
are sometimes referred to as "Party" or collectively as "Parties" herein.
1. 1 u1 rapwrucnl - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement
upon all ofthe 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.
l . l PYR01"Intit's -- IYRO shall provide all pyrotechnit, equipment, trained pyrotechnicituis, shipping, pyaot"Imic products, application for
specific pyrotechnic perrints (the cost of which, including standby fees, shall be paid by f„'LiENT) relating to tlrc Production, insurance covering the
Production and the other things on its part to be performed, ineluding preproduction services, as, more specifically set forth below in this A.gwenocnt
and in The. Scope of Work ("Scope of Work"). attached hereto, incorporated herein by this rotetence, and made a part ol" this Agreement as though set
forth fully herein.
1.2 f" A NN "' Duties — 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, any 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 of0JENT, including, but not limited to,
access, use, control, parking and general safety with respect to the public, CLIEN,f personnel and orlter contractors.
2. Time anal1"lace - The Production shall take place on.atg L02'3, at approximately 0.0 PA , at teal S +rrrrdrr 1lrcrcration Park "f"ennis f7porls, 401
Sheh' on St", t' I Segunch , CA, Site.
3. Fee,& Interest, And Ir�x "nses-
33 Fee CLIEN"I° agrees to pay PYRO a fee of'S31,fr� USD a`1"IIlIt 1'Y-(0jNN ' 11110USrAN 1 I11,I RIMIy I"fYI=:N"I'i'-i"I E
1} L1.,1.115) ("Fee") tear the Production. CLIENT shall pay to PYRO an miliid payment ("Initial Payment"') et'paral to 50'%of thc; Production ,Fee, S15313.00�
VISD "IIr11.E S "'I`Iil IFS Arti'1y I If:1f f" I1tl 111t1utfl l"1 11fi:i 1J1a:i ' 0fALL ARS plus eViraaazted permit andsttutdby fmg, and Other rtgu,rlatory crows
approximated at 114Lf1r1 OR art amount to be determined, for a total of 11,,,1 wM3.gq, upon the execution of this Agreement by both parties but no later than
, aril 3 2gZj The lrtahal Payment is a partial paymenttoward the preproduction services and costsset forth in the Scope orWork ("Preproduction Services and
Costs".) The balance of the Fee shall be paid no later than ;)u!Lj 2023. CLIENT authorizes PYRO to receive and verify credit and financial information
concerning CLIENT from any agency, person or entity including but not limited to credit reporting agencies. The "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 attorneys' fees.
3.3 Expenses — 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 items as outlined as PYRO's
responsiM icy 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
outlined as CLIENT's responsibility in this Agreement and Scope of Work.
4. Pr'rr rictary Ri hts - PYRO represents and warrants that it owns all copyrights, including performance rights, to this 'Production, except that PYRO
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 -
owned material, CLIENT assumes full 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 any way for such material. If applicable, CLIENT consents to the use of CLIENT -owned material and represents that it has or will
obtain any permission from appropriate third parties sufficient 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. Safe - 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
determine 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 that the Production cannot be discharged or continued as a result of any conditions or
circumstances affecting safety beyond the reasonable control of PYRO.
6. Security - CLIENT shall provide adequate security personnel, barricades, and Police 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 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 facilities associated with the Production.
7. Cleanup - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean-up of any live pyrotechnic debris made.
necessary by PYRO. CLIENT shall be responsible for any other clean-up which may be required of the Production or set-up, discharge and fallout arrears
including any environmental clean-up.
PSI V-2021-2
Agreement No. 6623
Pyro Spectaculars, Inc. City of El Segundo Parks & Recreation
P.O. Box 2329 Program A, Rev. # 7
Rialto, CA 92377 July 4, 2023
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 2 of
8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the El Segundo Fire Department, FAA, and USCG, if required.
CLIENT shall be responsible for any fees associated with these permits including standby fees. CLIENT sllal I be responsible for obtaining any other necessary
permits, paying associated fees, and making other appropriate arrangements for Police Departments, other Fire Departments, road closures, eventlactivity 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 of services herein ensure that the following insurance is maintained in connection with
PYRO's performance of this Agreement: (1) commercial general liability insurance, including products, completed operations, and contractual liability under
this 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 Scope of Work. Such insurance shall not include claims which arise from
CLIENT's negligence or willful conduct or from failure of CLIENT to perform its obligations under this Agreement, coverage for which shall be provided by
CLIENT.
The coverage of these 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. lnrlemn lict4tlrl - PYRO represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials,
providers, and expertise to produce the Production in a safe 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 from 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 from and against any arid 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 from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of CLIENT, its
officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.
11. Limitation of 1' roa es fw Ordinary Brogelr - Except in the case of bodily injury and property damage as provided in the insurance and
indemnification provisions of Paragraphs 9 and 10, above, in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in
performing the Production provided for herein, CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT
has paid to PYRO under this Agreement, and shall not be entitled to claim or recover any consequential damages from PYRO including, without limitation,
damages for loss of income, business or profits,
12. gree;ti!Wcurc -CLIENT agrees to assume the risks ofweatlaer, strike, civil unrest, terrorism, 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 the cancellation of
any event 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, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled date, or at the
scheduled time, or should any event for which CLIENT has purchased the Production be 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. Iteschednlintl Or Event -If CLIENT elects to reschedule the Production, PYRO shall be paid the original Fee plus all 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 ofreceipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability ofpermits, 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 shall 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 dale was July 4th of that same year, or between December 1501 and January 15th unless the original date was
December 31 st of the earlier year unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14. Might To Cancel —CLIENT 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 ofthe Fee as set 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% (hereafter. 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. No 344m 'Venture -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forming a partnership
er 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. ,1 llcabIc l.zlw -This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the laws of
California. 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 dollar amounts outlined in this Agreement
are enforceable.
17. Notices - 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. CLIE'N`r a C J gtlr clo 1'ar4 s ak Rocrgartn 355!! v9^lna Street El Sc6g acld4ro,
PSI V-2021-2
Agreement No. 6623
Pyro Spectaculars, Inc. City of El Segundo Parks & Recreation
P.O. Box 2329 Program A, Rev. # 7
Rialto, CA 92377 July 4, 2023
Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 3 of 4
18 Modification ofTerrns — All terms of the Agreement are in writing and may only be modified by written agreement of both Parties hereto. Both
Parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only.
l9. Severability —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 at PYRO's
offices in Rialto, California. This Agreement may be executed in several counterparts, including faxed and emailed 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. Price Firm —If any changes or alterations are made by CLIENT to 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 I5 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 3, 2023
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:
PYRO SPECTACULARS, INC.
.y d a ,
.l Intcs R. Souza
President
CITY EL SEGUNDO,
A G era avu City
By -
Darrell George
City Manager
jd
Date: / Date:
� '
AT
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
MARK D. BJ'NSLEY, CITY ATTORNEY
By,
SHOW PRODUCER: Christopher Souza
Vazquez
City Attorney
Imra c Approval:
Hank i Risk Manager
PSI V-2021-2
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813
Agreement No. 6623
City of El Segundo Parks & Recreation
Program A, Rev. # 7
July 4, 2023
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 July 4. 2023, at approximately 9:011 P.M. at Ill Segundo Recr ortion Pirk
Tennis Courts 401 Sheldon St., El Sc'A�undo CAI.
• 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 Iegally 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:
it ster anc°e R, uiremeu
Limits
!Conrrrrr rcial General Liabilit
$5,000,000.00
Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
Business Auto _Liability-
$5,000,000.00
Combined Single Limit- Each Occurrence
Owned, Non-Owvngcl and 1-lirc4 ALaos
(Bodily Injury & Property Damage)
Workers' Cou nssatikii
Statutory
Waiver of Subrogation shall apply
Eni over Liability
$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
A"
January 18, 2023
City of El Segundo
Ryan Delgado
350 Main Street
El Segundo, CA 90245
Dear Mr. Delgado,
Agreement No. 6623
Pyro Spectaculars, Inc. is happy to provide our pyrotechnic proposal for your
July 4, 2023 event. The following proposal outlines your custom designed Program
"A" for the amount of $31,625.00. The various fireworks elements provided
are prepared to shoot from El Segundo Parks & Recreation's Tennis Courts
for approximately 20 minutes.
Our full service program includes necessary preproduction services, the services of
a licensed pyrotechnic operator, specialized crew, an electronic firing system, and
pyrotechnic safety equipment used for support and protection. The price also
includes insurance coverage, sales tax, and delivery. To help ensure public safety,
we work directly with the local fire authority, and we apply for the necessary
fireworks related permits. Our winning combination of products, people, and
production capabilities help produce the best fireworks entertainment package for
your event.
Your organization will be responsible for payment of permit fees and/or standby
firemen fees, if any. The Fire Department may bill you directly for any additional
standby fees for inspections. Your organization will also be responsible for
providing the display location, necessary security for the display site, and other
event permits.
Please review the enclosed Proposal, Product Synopsis, Production Agreement, and
Scope of Work in detail. In order to reserve your program, it is imperative that you
return the fully executed agreement, your initial payment, and applicable permit
fees to our office by April 3, 2023, the price firm date in your production
agreement. The program, pricing, and show date may not be available beyond the
price firm date.
If you wish to discuss your program or need more information, please call either
me or your Customer Service Representative Maria Barajas at (909) 355-8120 ext.
228.
Sincerely,
PYRO SPECTACULARS, INC.
M"o�. s
Christopher Souza
PYRO Show Producer
CS/ag
Enclosures Pyro Spectaculars, Inc.
P.O. Box 2329 9 Rialto, CA 92377 • Phone: (909) 355-8120 or (888) 477-PYRO • Fax: (909) 355-9813
A eement No. 6623
Product Synopsis a Pyrotechnic Proposal
aliun Body
erlellll Shells
9tr cri do �
3" Souza Designer Selections 206
♦ 4" Souza Designer Selections 180
do°trrllll of Main Ill"'tod "idall tt lllh°1elllHIs 380
P rotecllhnic Devices
"'crliii�liir. 1 Ip11100
♦ Sousa ���.
Ilir s
sa Platinum Line Custom Multishot Device Shots
Sousa Emerald Line Custom Multishot Device 800 Shots
Total of t' roteclll°irflc Devices 900
Lo Lev "l tl roteclllhmnrrlc. IlDevices
ttr-�Eipjl�or
.5"mmRed, White, Blue Roman Candle Batten 300
♦ .5" Variegated Roman Candle Batten 300
Total of I-o -Level 112 rotechiniiic IlDevices 600
Grain l IlF iiriale
0, aEo tl.11!!I l !i4
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 Craind Finale 415
irsind "T"otal 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.