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CONTRACT 7292 Vender AgreementAgreement No. 7292 February 21, 2025 City of El Segundo Ryan Delgado 350 Main Street El Segundo, CA 90245 Subject: Proposal for your event on July 4, 2025, PROGRAM A for $34,915.00 Pyrotechnics/Theatrical: ❑ Close Proximity Special Effects: Drones: Dear Ryan Delgado, ❑Spark Machines ❑ Confetti/Streamers ❑ Light Animations 0 Display Fireworks ❑ Flames ❑ Lights ❑ Accents ❑ Firecrackers 00O2 Cryo Jets ❑ Foggers 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, 2025. 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, Luis Ruiz, at (909) 355- 8120, extension 227. Sincerely, Pyro Spectaculars, Inc. M44e4 M Marco Montenegro, Show Producer (LR) Pyro Spectaculars, Inc_ P.O. Box 2329, Rialto, CA 92377 • Phone: (909) 355- 8120 • Fax: (909) 355-9813 Agreement No. 7292 Main Bode ,,,, Aeur°i4l Shells l3escri tior QUMI!! 3" Souza Designer Selections 200 ♦ 4" Souza Designer Selections 200 >I otal of Main IE:.IodAerial Stielllls 400 I.-.1yrotectinic Devices es RUPAtAK ♦ Sousa Platinum Line Custom Multishot Device 100 Shots ♦ Sousa Emerald Line Custom Multishot Device 1082 Shots ♦ Sousa Sapphire Line Custom Multishot Device 338 Shots ♦ Sousa Silver Line Custom Multishot Device 25 Shots "Total of P rotes tinilc Devices 1,545 IrmaIn°id Finale Ill;;�esucril i r Uan ♦ 2" Souza Designer Bombardment Shells 100 ♦ 2.5" Souza Designer Bombardment Shells 108 ♦ 3" Souza Designer Bombardment Shells 175 ♦ 4" Souza Designer Bombardment Shells 60 Total of 3ralll"rd Finale 443 Grand Total 2„388 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. 7292 Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 LU (Special) City of El Segundo Parks & Recreation Program A, Rev. 9 8 July 4, 2025 Page I ol`4 A This agreement ("Agreement") is made this 1044 day o C Zq25 by and between Pyro Spectaculars, Inc., a California corporafion, hereinafter referred to as ("PYRO"), and City of El Segundo Parks & Recreation, heremallef referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein I , LnLmAletpenit - 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 PYHO 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 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 CLIENT 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 amuse the Site for are 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 said general safety with respect to the Public, CLIENT personnel and other contractors. 2 Time .and Place - The Production shall take place on„ uv 4, 2( 215, at approximately P-Qli PM, at Sheldon $t., & S LA, Site. 3 fees Intere �_stj..gg.4 Lenses - 3.1 Fee - CLIENT agrees to pay PYRO a fee of$34 �91&00 USD crll I NE, HUNDRED FIFTEF N f)01.A,ARS) ("Fee") for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50 % of Production Fee ofS17,458.00 USDJSEVEN-rELNTI,101,1$AND FOUR,t]IYNDREDFII,I'Y-f'.]Gli'r IdOLN. ARS) plus estimated permit and standby fees, and other regulatory costs approximated at S00,00 OR an amount to be determined, for a total oFS17,458.00, upon the execution of this Agreement by both parties but no later than May 30 2.025. 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 June 20. 20,25, 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 12 Interest_- In the event that the Fee is not paid in a ninety 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. 33 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 die pyrotechnics and those additional items as outlined as PYRO's responsibility in die 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. Proprieliry Righl - 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 -parry -awned 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 ofCLIENT-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 ofPYRO is prohibited, 5. aafet a - 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 fait or malfianction, 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 ofPYRO. 6. 5SReLcuri!l - 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 Elie area for Elie 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, T LCIIetanu2 - PYRO shall be responsible for the removal of all equipment provided by PYRO and clean-up crony 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 areas including any environmental clean-up, Agreement No. 7292 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. # 8 July 4, 2025 Page 2 of 4 8, Perm fts -PYRO agrees to apply for permits for the firing of pyrotechnics only from the El Segundo Fire Department, FAA, and USCG, if required C L 11", N I' whssll be responsititc for any llc;,s ,issocimed with these pornsils including standby fees, CLIENT shall berosponsilAc f6robiarnmg, any when' necessary permits, paying as,,x)miitQd tees, and making other appropriate arrangements for Police Departments, other Fire Deparinioag, road closures, event) activity or hand 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 froin domes liar bodily injury, urcluding dealk, personM injury, and fion) claims o(properyiLimagle, which may orise, from PVW's perl'winance of this Agreement, only, 71w types and aniounu o "CovQrage, shall be as set forth in the Scope of'Work, Such inmt-ance shall inu include churns %vWch arise firmn CLIENT's negligence or wiflltfl ccirdkict or front fildure tdCLIENT to perform its 011tigiVions autlet this ,r grucniou, coverage tor which shall be provided by CLIENT Tire 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, shalt secure, maintain and provide their own insurance coverage with respect to their respective operations and services. tf. Indennifl-Acution - PYRO represents mid 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 lire, 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 indemnity, 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 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 Durmages for Ordhntry Breath - Except in the case ofbodily 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 Fast ceAhtl .1 eurt - CLIENT agrees to assume 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 the Production, or which may affect or damage such portion of the exhibits as Most 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. Rescheduling Of 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 of receipt. CLIENT and PYRO shalt agree upon the rescheduled date taking into consideration availability of'permirs, 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 air event, that historically has involved a fireworks production. The Production shall not be rescheduled between June i 5th and July 15th unless the original date was July 4th of that same year, or between December l5th and January[ 5th unless the original date was December 3 Ist of die earlier year unless PYRO agrees that Such rescheduling will not adversely affect normal business operations during those periods. t41. RiLAnt 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 of the Fee asset forth in Paragraph 3.1. 1) 50% if cancellation occurs 30 or more days prior to die scheduled date, 2) 751f1, if cancellation occurs 15 to 29 days prior to the scheduled dive, 3) 1 001Y. thveafter. In the event CLIEN i, cancels the I'Toducliun, it will be inifnactical or extremely difficult to fix actual amount of PYRO's clanuige,5, The foregoing represents a reasonable estimate orthe damages PYRO will suffer if CLIENT cancels the Production. 15. No,Joint Venture -h is agreed, nothing in this Agreernent or In PYRO's performance of the Production shall be construed as forming a partnership orjoint vcn�u �rcbci'%"veen 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. L%pplicable L�isv - 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 havingjurisdiction or by either Party for safety concerns, die full dollar amounts outlined in this A.-Teement are enforceable, 17. Notice$ - 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,C, Box 2329, Rialto, California, 92377, or for overnight delivery to 3 196 N. Locust Avenue, Rialto, California 92377, CLIENT -- (iry Eswgtilljo P & RocrciI , ofl ­__­- — i d� — . l a'! a, 1 t 4 1 i I I , $_t woI �, R 1 L PSl V-2021-2 Agreement No. 7292 Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8 120 :::: Fax: 909-355-9813 City of El Segundo Parks & Recreation Program A, Rev. # 8 July 4, 2025 Page 3 of 4 18. Mod _ificalion of errus —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. M Sevqrahilltj Agmx,rntra, This Agreemerit shallm becoe eifectivtinter H k excciiwd,,nul accepted by CLIENT ju�� d rjeF aceis execuwartit acceptt,,d by, PYRO at IW's �nl ori&al igalw the Party xeeaning saatr c 116,9 Agrecuient shrfll'be binding upon the Parties heferoand upout d1eirbeim 5sleco'$0M and assigns. 20 Price Firm -- 11'any chanSes or jue marlo by CLIENT to thk AV A ,rcolienl Or of � is rjol cxcctaL�d by CLIPKI'and do livered to PYW on or betbre the IMCE FIRM date shown below, or if the hiilial Vayimw as' nor p4id art �or betble tltkt stt,Q clale, t1jell Clue pjjce� dttic, and wupe, of the Prodw.fion sate smbjed w reviov and acceplmw��by PYRO for ai period of 15 Jays following defivel), to troy dw cx,moml Agfeenumt, In 1110 event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void. PRICE FIRM through May 23, 2025 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. . .............. V 5/20/25 96 Date: SHOW PRODUCER: Marco Montenegro PST V-2021-2 (1" OFELSEGUNDO, (,ene Law C'IVftv By: Darrell George City Manager Date: 2- ?_.9 ­_ A I H'S I. Susan Truax City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY A BY' Deputy City ARormr Agreement No. 7292 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. # 8 July 4, 2025 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- 0 One (1) Pyro Spectaculars, Inc., Production on JuIL4,2025, at approximately 200 P.M. at El Segundo Recreation Park Tennis Courts, 401 Sheldon St., El 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: Insurance RCquirentents Limits Commercial General UaEliiY $5,000,000.00 Combined Single Limit- Each Occurrence ........... (Bodily Injury & Property Damage) jLusmess Auto LigibLLay- $5,000,000.00 Combined Single Limit- Each Occurrence Owned, Non-Owncd and Hired Autos (Bodily Injury & Property Damage) Woikers' (.g_Uj jqq§,Atioii Statutory Waiver of Subrogation shall apply LLpplo �cr Lw�bfli[ $1,000,000 Per Occurrence CLIENT shall provide to PYRO the following goods and services: a 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. 0 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. 0 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