CONTRACT 6900 Vender AgreementAgreement No. 6900
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. # 7
July 4, 2024
Pane I ol'4
This ogmemcnt ("Agrs:a rent") is rnade this ,.._Lo --day of � 't " 4 by and betwcent Pyro S'pwaculans too., a 6"afirorma
corporation, hereinafter referred to as ("PYRO"), and Chy cf El Segundo Parts & Rr creation, hereinafter referred to as ("CLIENT") PYRO and CLIENT
are sometimes referred to as "Party" or collectively as "Parties" herein.
1. ingagement - CLIENT hereby engages PYRO to provide to CLIENT one fireworks production ("Production"), and PYRO accepts such engagement
upon all ofthe promises, terns and conditions laereinafler set forth, The Production shall be substantially is outlined in Program "S , attached hereto and
incorporated herein by this reference.
i.1 PVR0 Duties— PYRO shall provide all pyrotechnic equipment, trained pyrotechnicians, shipping, pyrotechnic products, application for
specific pyrotechnic permits (the cost of which, including standby fees, shall be paid by CLIENT) relating to the Production, insurance covering the
Production and the other things on its part to be performed, including preproduction services, as more specifically set forth below in this Agreement
and in the Scope of Worlc ("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 CLIF Vl' 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 far 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 or Work. All Site arrangements are subject to PYRO's reasonable approval as to
pyrotechnic safety, suitability, and security. All other conditions ofthe 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. Time and Place - The Production shall take place un July 4, 2024, at approximately 9:00 Pall, at P.1 SC2undO RCCM1 tinn lr r"'ennis [aims, 401
Sheldon St., Ej 51e,runtttr,„ CA, Site.
3. lw ti�asInr rest: and F.x m awes -
3.1 Fee - CLIENT agrees to pay PYRO a fee of 3 3,_50.00 USD (11IR! Y-f 'ItI' ^ ' ''IIf1 I Iti1t "'9 r� ILIl g7FtED 1'"lTt"1"
DOLLARS) ("Fee') for Ole Production. CLIENT shall pay to PYRO an initial payment (`initial Payment") equal to 50 %ofthc Production Fee SI6.625A
USD (4t m t I'>"C' '11100S ND SIX IIt"NN>RU) TWENTY-FIVE D LC.A R) plus estimated permit and standby fees, and other regulatory costs
approximated at 110.00 OR an amount to be determined, for n total of. 1 r.625 0, upon the execution of this Agreement by both parties but no later than
April 1.2024. The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work ("Preproduction Services and
Costs".) The balance of the Fee shall be paid no later than July i, 2024. CLIENT authorizes PYRO to receive and verify credit and financial information
concerning CLIENT from any agency, person or entity including but riot 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 marmer, CLIENT will be responsible for the payment ofthe maximum interest
permitted by taw on tlhe unpaid balance. Mitigation arises out o1•Ihis Agreement, the prevailing party shalt 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
responsibility 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. Prayrictarc aright r - 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. Ifappticable, CLIENT consents to the use ofCLIENT-owned material and represents that it has or will
obtain any permission from appropriate third parties sufricient 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 ofthe 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 appl icable federal, slate 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. Securit - 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 ofthe 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 volwttcers; 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 ill equipment provided by PYRO and clean-up ofany live pyrotechnic debris made
necessary by PYRO. CLIENT shall be responsible for any other clean -tip which may be required ofthe Production or set-up, discharge and fallout areas
including any environmental clean-up
PSI V-2021-2
Agreement No. 6900
Pyro Spectaculars, Inc. City of El Segundo Parks & Recreation
P.O. Box 2329 Program A, Rev. # 7
Rialto, CA 92377 July 4, 2024
"Tel: 909-355-8120 :::: Fax: 909-355-9813 Paure 2 of
8. hermits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the El Segundo Fire Department, FAA, and USCG, if required.
CLIENT steal I 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 Departments, road closures, eventlactivity or land
use permits or any permission or permit required by any Local, Regional, Stale or Federal Goverment.
9. Inyir eve - 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 wilif l conduct or from failure of CLIENT to perform its obligations tinder 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 famished to CLIENT prior to the rendering of scrvices 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 die 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 insurtaice coverage with respect to
their respective operations and services.
10, ludeni nifienrlon - 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 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 from or out of the Production and the presentation thereof to the extent such arc occasioned by any act or omission of CLIENT, its
officers, agents, contractors, providers, or employees. In no event shall either patty be liable forthe consequential damages of the other party.
H. Lent"t:m idiai of t)ainmo ae rtr t)m rfirmart I#+° : h - 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 danhages from PYRO including, without limitation,
damages for toss of income, business or profits.
12. rrr' e tam�c -CLIENT agrees to nssumc the risks of weather, 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 die Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a
nccessary time before the Production. If, for any such reason, PYRO is not reasonably able to safely discharge the Production on the scheduled dale, 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 [lie Production is canceled.
13. Pm d'imliri (')f tsavcw -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 hall 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 shall not be rescheduled to a dale, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled
between June 15111 and July 15th runless the original date was July Ott of that same year, or between December 151h 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 It ghl "t'r — CLIENT shall have die 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 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% thereafter. [it 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 S'rm ,Imrinr ('caiiure -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be 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, 1 lighty L maw - 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 Berardino 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, Nt a - 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— Ljir�ofofii m reot nix'gi. 415a atnndik 9132.45-ii ?
PSi V-2021-2
Agreement No. 6900
Pyro Spectaculars, [rtc. City of El Segundo Parks & Recreation
P.U. Box 2329 Program A, Rev. p 7
Rialto, CA 92377 July 4, 2024
Tel: 909-355-8120 :::: Fax: 909-355-9813 fare 3 of
18. 11oLdifienflan ofTerms -All terms of the Agreement arc 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.
19. 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 arc subject to review and acceptance by PYRO rot 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 1, 2024
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions, paragraph 20, above.
EXECUTED as ofthe date first written above:
PYRO SPECTACULARS, INC.
°games R. Souza
President
ry iLX)2
r I,.
I7alc:„ .
SHOW PRODUCER: Marco Montenegro
PSI V-2021-2
C'IT 'F EL SEGUNDO.
i ertcrz ,Lacy C"it
By: _ -.._
Darrell George
City Manager
Date: H - l O .".
ATTEST:
s� K.
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
MARL: D. HENSLEY, CITY ATTORNEY
By:
.Ioarl ae
Depu C'ily Attorney
Agreement No. 6900
Pyro Spectaculars, Inc.
P.O. Box 2329
Rialto, CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9913
City of El Segundo Parks & Recreation
Program A, Rev. # 7
July 4, 2024
Pag(t 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:
00 P
9. , One 1 Pyro Spectaculars, Inc., Production on duly 4. 02�1, at approximately � . at Iundo ilccrcdat'iott Pail's;
Tenttis Courts401 Shel inn 'qt., Ell 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:
insyry toe Requircmenis Limits
Commercial ficneral lj.°abiliiy; $5,000,000.00 Combined Single Limit- Each Occurrence
(Bodily Injury & Property Damage)
13tlsiraess Auto t iab'il'rt^ $5,000,000.00 Combined Single Limit- Each Occurence
Otw L1,Ngnn- caned roancl Hired sltttos (Bodily Injury & Property Damage)
1 zrkea°s otaa cnsation Statutory Waiver of Subrogation shall apply
mark e-r lJL,bili1v $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-202t-2
Agreement No. 6900
Agreement No. 6900
March 1, 2024
City of El Segundo
Ryan Delgado
350 Main Street
El Segundo, CA 90245
Subject: Proposal for your event on July 4, 2024, PROGRAM A for $33,250.00
Pyrotechnics: ❑Close Proximity ®Display Fireworks ❑Firecrackers
Theatrical Effects: El Spark Machines ❑Flames ❑CO2 Cryo lets
❑ Confetti/Streamers ❑ Lights ❑ Foggers
Drones: ❑ Light Animations ❑ Accents
Dear Ryan Delgado,
Pyro Spectaculars, Inc. is delighted to present our proposal for the full -service custom -designed
PROGRAM A for the production of your upcoming event. We are confident that our production
capabilities and crew experience will result in the display of an unforgettable experience for your
audience.
Enclosed you will find three important documents that outline our PROGRAM A proposal in detail:
1. Product Synopsis - Proposal: Provides the specifications of the devices and products to be
used in your event
2. Production Agreement: Presents the terms and conditions for the production of your event,
including engagements, duties, and payment dates and amounts.
3. Scope of Work: Outlines the responsibilities and services to be provided by both Pyro
Spectaculars, Inc. and City of El Segundo that will be necessary for the execution of the
production of your event, along with insurance limits and requirements.
To secure your program, return the fully executed Production Agreement and initial payment to
our office by the PRICE FIRM date, April 1, 2024. Please note that program availability, pricing, and
show date may be subject to change if these are not timely received.
If you have any questions, or wish to discuss your program in detail, please do not hesitate to
contact either myself or your dedicated Customer Service Representative, Vincent Tam, at
(909) 355-8120, extension 231.
Sincerely,
Pyro s ectac tars, Inc.
Marco Montenegro, Show Producer
(VT)
Pyro Spectaculars, Inc.
P.O. Box 2329, Rialto, CA 92377 • Phone: (909) 355- 8120 • Fax: (909) 355-9813
Agreement No. 6900
ProposalPyrotechnic
w
y of El Segundo
PROGRAM A — July 4, 2024
$331250.00
Main Body - Aerial Shells
Descri Lion Quanfity
♦ 3" Souza Designer Selections 200
♦ 4" Souza Designer Selections 180
Total of Main Body- Aerial Shells 380
Pyrotechnic Devices
lescritg 0luanity
♦ Sousa Platinum Line Custom Multishot Device 100 Shots
♦ Sousa Emerald Line Custom Multishot Device 900 Shots
Total of pyrotechnic Devices 1„000
I,,,.o-Level Pyrotechnic Devices
Description Duan ity
.5" Blue Roman Candle Battens 300
♦ .5" Red Roman Candle -Battens 300
Total of Low -Level 1.3yrotechnic Devices 800
Grand Finale
D scd2ti n Duant, y
♦ 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
t,.otal of Grand Finale 415
Product descriptions are for specification of product quality, classification, and value.
Final product selections will be based on availability, suitability, and overall artistic style.
Agreement No. 6900
NON-COMPETETIVE PROCUREMENTEE UEST'—PYRO S ectacular
FY 2023-2024
SOLE SOURCE: Goods or services are available from one source only.
Define what are the unique performance features of the product/band requested that are not
available in any other production/band? For services: What unique qualifications, rights,
licenses, etc. does this vendor pocess?
Pyro Spectacular is a pyrotechnic company that has worked with the City of El Segundo for many
years. Pyro Spectaculars, a producer and presenter of pyrotechnic displays and shows around
the world, traces its beginnings to more than 90 years ago. They are the largest fireworks
company on the West Coast and one of the largest in the country.
Licensed operators & crew
Through our unique Pyrotechnic PassportTM program, we develop and maintain a roster of over
1,000 operators and crew members, many of which have decades of experience working with
us. We have a full-time Operator Support Department, which works with all of our drivers,
operators, and crew make sure that they are there on -time, ready to work, and have all the
resources needed to efficiently set-up, install, rig, and fire the show.
Training
Working with the California State Fire Marshal's office, we have developed a curriculum of
instruction that meets or exceeds all applicable laws. Our training includes not only licensed
pyrotechnic operators, but also Hazmat driver training. We conduct regular in -class and hands-
on seminars with stringent class requirements, designated as Pyro University 1011m, Pyro
University 201111, and Pyro University 301TM.
Products & worldwide resources
Like every aspect of our work, we take our selection of pyrotechnic products and devices very
seriously. Through our international connections, we have unique access to the latest, most
innovative, and finest products being created today. Our regular factory inspections and product
demonstrations take us to thirteen countries around the world. Every shell and effect is hand -
selected by a member of the Souza family. As show producers, we are unrelenting in our pursuit
of the best products, and never confuse quantity with quality.
r
Aly Mancini
Recreation, Parks and Library Director
Date