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CONTRACT 7602 Vender AgreementAgreement No. 7602 F�»ma�yOG 2O2��Cenh�e»u� �/Ue'|D� 0U00O7'2tJ-OG|CkYoyB pagelo�8 �emmdo Agreement No. 7602 February 4, 2026 CITY OF EL SEGUNDO Ryan Delgado 350 Main St. El Segundo, CA 90245-0999 Pyrotechnics b O Close Proximity Display Fireworks E:) Firecrackers Iheatirical Effects @d ❑ Spark Machines Flames 0 CO2CryoJets Q Confetti/Streamers Lights Q Foggers Drones C ❑ Light Animations Accents Dear City of El Segundo, Enclosed you will find three important documents that outline our Independence Day Fireworks 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. 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. Pre -Production Payment. To secure your program, return the fully executed Production Agreement of your choice, and initial payment by Monday, March 16, 2026. Your program pricing is firm until Monday, March 16, 2026, and the final balance is due by Monday, June 22, 2026. 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 me or your dedicated Customer Service Representative, Jacky Becerril at (909) 355- 8120. Sincerely, Marco Montenegro Pyro Spectaculars, Inc. reement PYROTECHNIC P"'ROPO9SAL� fi� CITY OF EL SEGUNDO INDEPENDENCE DAY FIREWORKS I SATURDAY, JULY 04, 2026 $38,410.00 DEVICE NAME QTY TOTAL SHOTS 3" Designer Bombardment Shells 2 200 4" Designer Bombardment Shells 4 200 Main Display Totals 6 400 DEVICE NAME QTY TOTAL SHOTS Emerald Line Multishot Device 3 358 Gold Line Multishot Device 4 350 Platinum Line Multishot Device 3 900 Silver Line Multishot Device 1 49 Low Level Totals 11 1,657 DEVICE NAME QTY TOTAL SHOTS Aerial Display Shells Multishot Device 8 308 3" Designer Bombardment Shells 12 60 4" Designer Bombardment Shells 12 60 Grand Finale Totals 32 428 %jg Total Rems: 9 ToW Quantity: 49 21 Total Shots: 2,485 %' Product Types: 2 Product descriptions are for specification of product quality classification, and value Final product selections will be based on availabilit}; suitability; and overall artistic stvle. Agreement No. 7602 City of El Segundo Parks & Recreation Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 Program A, Rev. 9 8 July 4, 2026 This agreement ("Agreement") is made this day of 211L,6 by and bctween Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as ("PYRO"), and City of El Segundo Parks & Recreition, hereinafter referred to as ("CLIENT"). PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein. I . L : ngagespent - 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 PYl14D 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 QJEYT 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 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. "Plane and Place - The Production shall take place on July 4,20 ):00 KNI, at LI_Se,-_undo 14t�creation_P:irk'Uennis_Court,, 401 _ 2�at approximately _U Sbe1don$t.,E,l5egundo,CA, Site. I I 3. Feeslntervst, an_dE_.YpS,,n_5es - 3.1 Fee CLIENT agrees to pay PYRO a fee of $38,410.00 USD O'HIRTY-EIG11171140 SAND FOI)R IJU.N _LDRFIYT �ENDQLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO an initial payment ("Initial Payment") equal to 50% of the Production Fee of$19_205.00 USD (NINETEENTH0LjSANQTW0 HUNDRED FIVEDOLLARS) plus estimated permit and standby fees, and other regulatory costs apprOxanaked W 2940 OR an amount to be determined, for a total of��05AQ, upon the execution of this Agreement by both parties but no later than March 16, 2026 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 �22 .1020. 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 lnte_rest - 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 Kx �enws - 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. Proprigtary Rigbt5 - 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-owncd material and third-parly-c)wncd makcriat and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use i.A"CIJE'NT-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. agLe_q - 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 areas including any environmental clean-up. PSI V-2021-2 Agreement No. 7602 City of El Segundo Parks & Recreation Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 Program A, Rev. # 8 July 4, 2026 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 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, 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 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. Indemnification - 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 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. H. t,,imitationofDsim;agesrorOrdinarN,Breach -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. EorcL Njajeore - 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 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. Reschedull rigor 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 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 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 4th of that same year, or between December 15th 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. RightTo 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 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. 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. "So Joint Venture - 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. AM,)!1cable Lary -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 3 196 N. Locust Avenue, Rialto, California 92377. CLIENT — (,Lt') ,,k k_ fE _qr .1 ggqq�&p in'Stcqqt, PSI V-2021-2 Agreement No. 7602 Pyro Spectaculars, Inc. City of El Segundo Parks & Recreation P.O. Box 2329 Program A, Rev. # 8 Rialto, CA 92377 July 4, 2026 Tel: 909-355-8120 :::: Fax: 909-355-9813 1 18. Nflodifleation of rgrms — 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. 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 Agrecment shall become effective, after it is executed kind accepted by CLIENT .and alter it is executed and accepted by PYRO at PYRO's of'Dices in Rialto, California, This Agrectnoit may be executed in several counterparts, htclWing faxed and emaited copies, each one ofwhich shall be deemed an original against the; 'Party executing same. This Agre( omcra shall be binding tipori the Partieshereto and upon their hom succcs�sors, executors, administrators and assigns. 20, Price, Firm -• ff any changes or aahet°ations arc guide by CLIE'N3 to this Agree�ntant or if this Agrecimni is not exceuwd by CLILa" T and delivered to PYRO onor bef7om alae� PRICE FIRM date shown belorw„ or if the haitial Payaaacrta is not paid ¢an or bckwc tlae dace date,, tlacta the price, daw, and scope of the Production are subject to review and acceptance by PYRO for a period of 15 days lb1towing delivery to PYRO of tlac e'xectucd 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 March 16, 2026 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. Vice 11rec°nt r°r Date: 2/5/26 SHOW PRODUCER: Marco Montenegro CI'T', EL SEGUNDO, r� �ienera aaw City By_..._— .. Darrell George City Manager Date: _ L � ..(7. ATTESTwusan uax City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY By..m..m__ h.. A,,, .... Deputy City Atto y " PSI V-2021-2 Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 Agreement No. 7602 City of El Segundo Parks & Recreation Program A, Rev. # 8 July 4, 2026 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 .➢uly 4., 2026, , at approximately !9:00 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 R uitAeme nts Limits Commercial Gc nclak ,J.a lilgty $5,000,000.00 Combined Single Limit- Each Occurrence (Bodily Injury & Property Damage) Business Auto 1,iktbifljtyIT, $5,000,000.00 Combined Single Limit- Each Occurrence Owned„ Non -Owned and Mired Autos (Bodily Injury & Property Damage) Workers' Compensation Statutory Waiver of Subrogation shall apply Emnlo'wer 1.iabfl 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