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2300 - Pyro Spectacular - 4th of July ServicesPyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel; 909-355-8120 :::: Fax: 909-355-9813 PRODUCTION AGREEMENT (Special) City of Rosemead Program A, Rev. # 3 July 4, 2024 Page I of This agreement ("Agreement") is made this T* day of err f/!_ N =_4 by and between Pyro Spectaculan, Inc, a Califomia corporation, hereinafter referred tow ("PYRO"), and City of Rosemead, hereinafter refs: ed Af as ("CLIENT'). PYRO and CLIENT aresometimes referred to as "Party" or collectively as "Parties" herein. 1. Eumeemcnl - 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 PYRO Dulles— 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 pmt 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 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. Time and I'lace- The Production shall take place on July 4. 20X at approximately 9:00 Phl. at Rosemead Part:, 4343 Eneinite Avenue. Rosemead. CA. Site. 3, Fees In teres(. and Expenses - 3.1 Fee —For 1he.luly 4.2024 1'miluetion. CLIENT agrees to pay PYRO a fee of $31.500.00 USD (THIRTY-ONE "1110USAND FIVE I IUNDRED DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO 1 e 750.00 USD (FIFTEEN THOUSAND SEVEN IIUNDRED FIFTY DOLLARS) of the Fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated at 0.00 Oil an amount to be determined, for a total of SIS.750.00. as a deposit ("Deposit") upon the execution ofthis Agreement by both parties but no later than April 1. 2024 The balance of the Fee shall be paid no later than July S. 2024. 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 Option to Extend —CLIENT shall have the option to extend this Agreement for two (2) one (1) year extensions for a Friday, July 4, 2025 Production and a Saturday, July 4, 2026 Production, which shall include a 5% increase in the Production Fee for each year of the extension. Client shall provide written notification to PYRO of the City's intent to extend the Agreement no later than February 3" of each year of the extension. 3.3 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month or 18% annually on the unpaid balance. If litigation arises out of this Agreement the prevailing party shall be entitled to reasonable costs inured in connection with the litigation, including, but not limited to attorneys' fees. 3.4 Fwinenses— 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. Pronrielary Rights - PYRO represents and warrants that it owns all copyrights, including performance rights, to this Production, except that PYRO does not own CLIENTowned material or third-partyowned material that has been included in the Production, and as to such CLIENTowned and third-pany- 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 CLIENTowned material and third-partyowned material and shall not be responsible in any way for such material. If applicable, CLIENT consents to the use of CLIENTowned 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. Sem - 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. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO 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. PSI V-2021.2 Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Rosemead Program A, Rev. # 3 July 4, 2024 Page 2 of 4 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. 8. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the Los Angeles County 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, 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 limes 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 we named w 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 parry be liable for the consequential damages of the other party. 11. Limitation of Damages for Ordinary Breach -Except in the case of bodily injury and property damage w 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. Fong Maieure - CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governments[ 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. 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 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 act be rescheduled to a date, or form 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 31st of the earlier year unless PYRO agrees the such rescheduling will not adversely affect normal business operations during those periods. 14. Right 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. I) 50% if cancellation occurs30 or mare days prior to the scheduled date, 2) 75% if cancellation occurs 15 to 29 days prior to the scheduled data, 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. No Joint Venture -It is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be construed as forting 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 Parry shall be held responsible for any agreements or obligations not expressly provided for herein. 16. Applicable Law -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 the the scope of the Production is reduced by authorities havingjurisdiction or by either Party for safety concerns, the full dollar amounts outlined in this Agreement are enforceable. PSI V-2021.2 Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120:::: Fax: 909-355-9813 City of Rosemead Program A, Rev. # 3 July 4, 2024 Page 3 of 4 17. Nollces - 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 ovemight delivery to 3196N. Locust Avenue, Rialto, California 92377. CLIENT— City of Rosemead, 8838 East Valley Blvd- Rosemead. CA 91770. 18. Modification of Terms —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 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. Prlee Firm —If my 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 F[RM date shown below, or if the Initial Payment is not paid on or before the due date, than the prim, date, and scope of the Production aro subject to review and acceptance by PYRO for a period of 15 days following delivery to PYRO of the executed Agreement. In the event it is not accepted by PYRO, PYRO shall give CLIENT written notice, and this Agreement shall be void. PRICE FIRM through April 1, 2024 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. 1 ,By.MNL Its: President Date: `�'� ff' l%✓� SHOW PRODUCER: Marco Montenegro PSI V-2021-2 City of Rosemead PrintNanm •: • Pyro Spectaculars, Inc. City of Rosemead P.O. Box 2329 Program A, Rev. # 3 Rialto, CA 92377 July 4, 2024 Tel: 909-355-8120:::: Fax: 909-355-9813 Page 4 of 4 SCOPE OF WORK PYRO SPECTACULARS, INC. ("PYRO'� and City of Rosemead ("CLIENT") Pyro shall provide the following goods and services to CLIENT: • One Pyro Spectaculars, Inc., Production on July 4, 2024, at approximately 9:00 PM at Rosemead Park, 4343 Encinita Avenue, Rosemead, 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. • Musical soundtrack for the Production supplied in the agreed upon format. • Insurance covering the Production as set forth in the Agreement with the following limits: Insurance Reaulrenreuts Limits Commercial General Liability $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 -Owned and Hired Autos (Bodily Injury & Property Damage) Workers' Compensation Statutory Emolover 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, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. 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. • A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. • 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 2024 Fireworks Proposal MO SPECTACU[ARIS City of Rosemead July 4, 2024 .�j February 5, 2024 City of Rosemead Tam Chu 8838 East Valley Blvd. Rosemead, CA 91770 Subject: Request for Proposal NO. 2024-02 for your event on July 4, 2024, PROGRAM A for $31,500.00 Pyrotechnics: ❑ Close Proximity 0 Display Fireworks ❑Firecrackers Theatrical Effects: El Spark Machines ❑Flames ❑CO2 Cryo Jets ❑Confetti/Streamers El Lights ❑Foggers Drones: ❑ Light Animations ❑ Accents Dear Tam Chu, 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 Rosemead 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. Pyro Spectaculars, Inc. P.O. Box 2329, Rialto, CA 92377 • Phone: (909) 355- 8120 • Fax: (909) 355-9813 Fireworks Proposal City of Rosemead PROGRAM A — July 4, 2024 $31,500.00 Main Body - Aerial Shells Description Quantity ♦ 3" Souza Designer Selections 140 ♦ 4" Souza Designer Selections 150 ♦ 5" Souza Designer Selections 96 Total of Main Body - Aerial Shells 386 Pyrotechnic Devices Description Quantity ♦ Sousa Diamond Line Custom Multishot Device 285 Shots ♦ Sousa Silver Line Custom Multishot Device 529 Shots ♦ Sousa Emerald Line Custom Multishot Device 282 Shots Total of Pyrotechnic Devices 1,096 Grand Finale Description Quantity ♦ 2.5" Souza Designer Bombardment Shells 108 ♦ 3" Souza Designer Bombardment Shells 60 ♦ 4" Souza Designer Bombardment Shells 30 Total of Grand Finale 198 Grand Total 1,680 Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style. W ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: FEBRUARY 27, 2024 SUBJECT: AWARD OF CONTRACT TO PYRO SPECTACULARS BY SOUZA FOR SERVICES AT THE ANNUAL JULY 4TH EVENT SUMMARY The Parks and Recreation Department is seeking the City Council to approve a contract with Pyro Spectaculars by Souza. The contract is to provide a fireworks show for the Annual July 4"' Event at Rosemead Park. This expense will be budgeted in the proposed Fiscal Year 2024-25, a total of $135,000 will be allocated to the July 4' Event. Staff recommends that the City Council authorize the City Manager to approve an agreement with Pyro Spectaculars for $31,500. DISCUSSION City staff is preparing for the Annual July 4"' Event at Rosemead Park. As a result, a Request for Proposal (RFP) was drafted and published on January 11, 2024, with a due date of February 8, 2024. The RFP is provided as an attachment to this report. Only one company, Pyro Spectaculars by Souza, responded to the RFP. Over the past several years, Pyro Spectaculars has been the vendor of the fireworks show. Pyro has created a great display of fireworks along with music for the attendees to enjoy. The proposal from Pyro includes a 20 -minute custom-designed Sky Concert fireworks show in the amount of $31,500. This is a full-service program that includes the necessary pre -production services, music production and choreography, the services of a licensed pyrotechnic operator, a specialized crew, an electronic firing system, and pyrotechnic safety equipment used for support and protection. Staff will work interdepartmentally to plan for public safety measures. The set-up of the fireworks display is done on the Encinita Elementary School field area. All safety-related zones including the drop zone are approved by the Los Angeles County Fire Department. STAFF RECOMMENDATION Staff recommends that the City Council: Authorize the City Manager to approve an agreement with Pyro Spectaculars in amount not to exceed $31,500, from account number 101-4040-5710. AGENDA ITEM 4.E City Council Meeting February 27, 2024 Page 2 of 2 FISCAL IMPACT The total amount for the contract is $31,500. Funds are available in the proposed FY 24-25 budget from the General Fund, account number 101-4040-5710. STRATEGIC PLAN IMPACT The project is consistent with the Strategic Plan's guiding principle for fiduciary responsibility of providing full transparency in the financial management of the City's finances and providing quality of life enhancement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification. Submitted by: Tom Boecking , Director of Parks z Recreation Attachment A: Request for Proposal Attachment B: Pyro Spectacular by Souza Proposal and Contract Attachment A Request for Proposal 171 City of Rosemead — Firework Display for 4" of July Event Request for Proposal No. 2024-02 REQUEST FOR PROPOSAL NO. 2024 - 02 FIREWORK DISPLAY FOR 4TH OF JULY EVENT SUBMITTALS: Three (3) bound copies and one (1) electronic PDF file on a flash drive of the proposal in sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by no later than Thursday, February 8, 2024 at 10:00 a.m. or Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https://pbsystem.planetbids.com/porta1/54150/porta1-home Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than Thursday, February 8, 2024 at 10:00 a.m. PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSAL WILL NOT BE ACCEPTED. INQUIRIES: Direct questions for clarification on Request for Proposal documents to Tam Chu, Recreation Supervisor, (626) 569- 2265 or tchu@cityofrosemead.ora MODIFICATIONS: Any modification to this Request for Proposal will be provided to Vendors who request notification of any modifications. ISSUANCE DATE: January 11, 2024 City of Rosemead — Firework Display for e of July Event Request for Proposal N 2024-02 CONTENTS A. Introduction .............................................................................. B. Background ............................................................................... � C. Scope ofServices ...................................................................... D. Submittal Requirements .......................................................... E, Selection Process and Scheduled .^~~..~...~.......~ F. Submittal Deadlines ................................................................. G. |nquihes....~....~....~—~~~~~~~.,.~~~... ATrACHMENT A: Draft Professional Services Agreement IM ...........~........S ..........................^...^.............. 3 ...............^......~^...^^^.......... 3 ...............................................4 ...............................................S ............................................... ....................... ...................... 6 City of Rosemead — Firework Display for 4t° of July Event Request for Proposal No. 2024-02 A. INTRODUCTION The City of Rosemead seeks to award a one-year contract for the firework display for the Annual 411 of July Event, with the option of two, one-year contract extensions. The chosen vendor will need to show a record of reliability and quality, as well as the ability to provide quality equipment and services at a competitive price. B. BACKGROUND The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South San Gabriel, on the south by Montebello, plus by EI Monte and South EI Monte on the east. The City is 5.5 square miles (2,344 -acres) in size. Rosemead is a working-class suburb with a diverse population base. According to the 2010 Census, the City had a population of 53,764. The estimated makeup of the City was 4.7% White, 0.3% African American, 60.3% Asian, 33% Hispanic/Latino (of any race), and 0.7% Non -Hispanic Other. As a substantially built -out city, Rosemead only added 259 residents to its population during the last decade (2000-2010). Rosemead operates under the Council/Manager form of government. The City Council is elected at large to four years, overlapping terms. The Mayor is elected by a majority vote of the City 10 Council and rotates each year. The City Manager is appointed by and assists with carrying out the vision of the City Council. The Parks and Recreation Department serves under the direction of the Director of Parks and Recreation, Tom Boecking. The Department combines the functions of managing citywide recreational activities, all annual citywide events, sports, running an aquatic center, and managing multiple community centers, as well as distributing the City's quarterly newsletter. C. SCOPE OF SERVICES Please see ATTACHMENT A: EXHIBIT A. D. SUBMITTAL REQUIREMENTS 1. Introductory Letter This letter should be on company letterhead and addressed to the City's Director of Parks and Recreation, Tom Boecking, and should summarize the major points contained in the proposal and should be signed by a representative of the firm with the authority to negotiate and bind the firm. Indicate in the letter whether there are any conflicts of interest that would limit the firm's ability to provide the requested services. 2. Background, Experience and Financial Stability a. Each Proposer shall provide a summary statement outlining the firm's history and experience, including experience within the last five years. City of Rosemead — Firework Display for 0 of July Event Request for Proposal No. 2024-02 ® b. Each Proposer is to provide information and location of the firm's active print facility/facilities from which the proposer will be conducting printing services. c. Each Proposer shall certify that it has the financial capacity to provide services outlined in this RFP for a period of one year and there are no pending litigations, bankruptcy proceedings or financial events against the organization that may impact its financial capacity. 3. Proposed Materials and Services Proposal should indicate the company's availability to provide the items listed in Attachment A, Exhibit A and any other relevant materials and services for this proposal. 4. Substitutions If you are unable to provide all of the requested items, please indicate comparable substitutions and/or submit bid proposal for partial equipment. Pricing must be itemized for each individual item and include tax and delivery/takedown. 5. References References will be contacted as part of the selection process. References should include the contact's name, title, company/organization, address, e-mail and phone number. Provide a minimum of four (4) references. The Proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract and shall also list current clients who may have a financial interest in the outcome of this contract. 6. Cost Proposal Provide one copy of the cost proposal and make clear all extra fees. E. SELECTION PROCESS AND SCHEDULE The proposal received will be evaluated and ranked according to the following criteria points: Description Percentage Pricing 60% Background, references, experience, and financial stability 40% Total 100% If there are unresolved issues and negotiations are unsuccessful with the top ranked firm, negotiations with that firm will be formally terminated and the City may attempt to negotiate an agreement with the next highest ranked firm. Aside from announcing the top ranked proposals, the rankings will be kept confidential. Award of the selected firm's contract may be subject to City Council approval. City of Rosemead — Firework Display for 0 of July Event Request for Proposal No. 2024-02 F. SUBMITTAL DEADLINES Below is the tentative RFP schedule, subject to change: Description Dates RFP Issuance January 11, 2024 Deadline for Submittal of Questions January 25, 2024 Staff Responses to Questions January 29, 2024 Deadline for Submittals of Proposal February 8, 2024 Proposal Review and Selection February 9 —15, 2024 Award of Contract (approx.) February 27, 2024 • Hardcopy Proposal Submittals The City must receive three (3) sets of proposals from interested firms no later than 10:00 a.m. on February 8, 2024. Pease submit all proposals to: Request for Proposal — Parks and Recreation Firework Display for 411 of July Event • ATTN: Ericka Hernandez, City Clerk City of Rosemead I City Clerk's Office 8838 E. Valley Blvd. Rosemead, CA 91770 • Electronic Proposal Submittals: Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: httys://Dbsystem.planetbids.com/aortal/54150/portal-home Proposal submittal due date is February 8, 2024. at 10:00 a.m. Late proposals will not be accepted. Faxed, e-mailed or late proposals will not be accepted. Hand -carried proposals will be accepted before the response due date and time at the address above during normal business hours of 7:00 a.m. through 6:00 p.m., Monday through Thursday. City of Rosemead City Hall is closed on Fridays. G. INQUIRIES Questions about this Request for Proposal should be made by phone (626) 569-2265 or e-mailed to tchuC>citvofrosemead.ore. All questions must be submitted by 10:00 a.m. Thursday, January 25, 2024. If appropriate, responses will be posted on the City website with this RFP by close of • business on Monday, February 8, 2024. City of Rosemead — Firework Display for 0 of July Event Request for Proposal No. 202402 ATTACHMENT A (DRAFT) PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN CITY OF ROSEMEAD AND VENDOR This PROFESSIONAL SERVICE AGREEMENT (PSA) ("AGREEMENT"), is made and effective as of [Insert date], between the ("AGENCY") [Insert agency name], a municipal corporation and [Insert Vendor], [a sole proprietorship, partnership, limited liability partnership, corporation] ("VENDOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: I. TERM This AGREEMENT shall commence on [Insert date] and shall remain and continue in effect until tasks described herein are completed, but in no event later than [Insert date] unless sooner terminated pursuant to the provisions of this AGREEMENT. II. SERVICES VENDOR shall perform the tasks described and set forth in EXHIBIT A, attached hereto and incorporated herein as though set forth in full. VENDOR shall complete the tasks according to the schedule of performance which is also set forth in EXHIBIT A. To the extent that EXHIBIT A is a proposal from VENDOR, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing. Ill. PERFORMANCE VENDOR shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of VENDOR hereunder in meeting its obligations under this AGREEMENT. City of Rosemead — Firework Display for 4'^ of July Event Request for Proposal No. 2024-02 IV. AGENCY MANAGEMENT Agency's [Insert title] shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by VENDOR, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to VENDOR. Agency's Manager shall be authorized to act on AGENCY's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change VENDOR's compensation, subject to Section 5 hereof. V. PAYMENT A. The AGENCY agrees to pay VENDOR on a quarterly basis, in accordance with the payment rates and terms and the schedule of payment as set forth in EXHIBIT B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed [Insert amount] dollars ($_.00) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT. B. VENDOR shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. VENDOR shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and VENDOR at the time AGENCY's written authorization is given to VENDOR for the performance of said services. The Agency Manager may approve additional work not to exceed ten percent (10%) of the amount of the AGREEMENT, but in no event shall such sum exceed ten -thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the Governing Board. C. VENDOR will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the AGENCY disputes any of VENDOR's fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore. VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the VENDOR at least ten (10) days prior written notice. Upon receipt of said notice, the VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this City of Rosemead — Firework Display for 4'^ of July Event Request for Proposal No. 2024-02 e*1 AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. B. In the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the VENDOR will submit an invoice to the AGENCY pursuant to Section 5. VII. DEFAULT OF VENDOR A. The VENDOR's failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that VENDOR is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating VENDOR for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the VENDOR. If such failure by the VENDOR to make progress in the performance of work hereunder arises out causes beyond the VENDOR's control, and without fault or negligence of the VENDOR, it shall not be considered a default. B. If the Agency Manager or his/her designee determines that the VENDOR is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the VENDOR a written notice of the default. The VENDOR shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the VENDOR fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT. VIII. OWNERSHIP OF DOCUMENTS A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. City of Rosemead — Firework Display for 4'" of July Event Request for Proposal No. 2024-02 B. Upon completion of, or in the event of termination or suspension of this V AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the AGENCY and may be used, reused, or otherwise disposed of by the AGENCY without the permission of the VENDOR. With respect to computer files, VENDOR shall make available to the AGENCY, at the VENDOR's office and upon reasonable written request by the AGENCY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to AGENCY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT. IX. INDEMNIFICATION AND DEFENSE A. Indemnity Vendor shall indemnify, defend, and hold harmless the Agency, and its officers, employees, and agents ("Agency indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney's fees and costs of litigation ("claims"), arising out of the Vendor's performance of its obligations under this agreement or out of the operations conducted by Vendor, including the Agency's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the Agency. In the event the Agency indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor's performance of this agreement the Vendor shall provide a defense to the Agency indemnitees or at the Agency's option reimburse the Agency indemnitees their costs of defense, including reasonable attorney's fees, incurred in defense of such claims. B. Duty to defend In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, VENDOR shall defend the AGENCY at VENDOR's cost or at AGENCY's option, to reimburse AGENCY for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by VENDOR's negligent acts, errors or omissions. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between VENDOR and AGENCY, as to whether liability arises from the sole or active negligence of the AGENCY or its officers, employees, or agents, VENDOR will be obligated to pay for AGENCY's defense until such time as a final judgment has been entered City of Rosemead — Firework Display for 4'" of July Event Request for Proposal No. 2024-02 adjudicating the AGENCY as solely or actively negligent. VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation. X. INSURANCE VENDOR shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in EXHIBIT C attached to and part of this AGREEMENT. XI. INDEPENDENT VENDOR A. VENDOR is and shall at all times remain as to the AGENCY a wholly independent Vendor and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of VENDOR shall at all times be under VENDOR's exclusive direction and control. Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of VENDOR or any of VENDOR's officers, employees, or agents, except as set forth in this AGREEMENT. VENDOR shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. VENDOR shall not incur or have the power to incur any debt, obligation, ► ) or liability whatever against AGENCY, or bind AGENCY in any manner B. No employee benefits shall be available to VENDOR in connection with the performance of this AGREEMENT. Except for the fees paid to VENDOR as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to VENDOR for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to VENDOR for injury or sickness arising out of performing services hereunder. XII. LEGAL RESPONSIBILITIES The VENDOR shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The VENDOR shall at all times observe and comply with all such laws and regulations. The AGENCY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the VENDOR to comply with this Section. XIII. UNDUE INFLUENCE VENDOR declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the AGENCY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the AGENCY has or will receive compensation, directly or indirectly, from VENDOR, or City of Rosemead — Firework Display for 0 of July Event Request for Proposal No. 202402 from any officer, employee or agent of VENDOR, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the AGENCY to any and all remedies at law or in equity. XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of AGENCY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT. XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST A. All information gained by VENDOR in performance of this AGREEMENT shall be considered confidential and shall not be released by VENDOR without AGENCY's prior written authorization. VENDOR, its officers, employees, agents, or subvendors, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY. Response to a subpoena or court order shall not be considered "voluntary" provided VENDOR gives AGENCY notice of such court order or subpoena. B. VENDOR shall promptly notify AGENCY should VENDOR, its officers, employees, agents, or subvendors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless VENDOR is prohibited by law from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent VENDOR and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to VENDOR in such proceeding, VENDOR agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by VENDOR. However, AGENCY's right to review any such response does not imply or mean the right by AGENCY to control, direct, or rewrite said response. City of Rosemead — Firework Display for 4'" of July Event Request for Proposal No. 2024-02 XVI. NOTICES Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To AGENCY: [Insert agency] Attention: Agency Clerk To VENDOR: XVII. ASSIGNMENT The VENDOR shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only VENDOR shall perform the services described in this AGREEMENT. [Insert name] may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. VENDOR shall provide AGENCY fourteen (14) days' notice prior to the departure of [Insert name] from VENDOR's employ. Should he/she leave VENDOR's employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, VENDOR's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the VENDOR. Before retaining or contracting with any VENDOR for any services under this AGREEMENT, VENDOR shall provide AGENCY with the identity of the proposed VENDOR, a copy of the proposed written contract between VENDOR and such sub -Vendor which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub -Vendor carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance. City of Rosemead— Firework Display for 4'^ of July Event Request for Proposal No. 2024-02 XVIII. LICENSES At all times during the term of this AGREEMENT, VENDOR shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT. XIX. GOVERNING LAW The AGENCY and VENDOR understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCY. XX. ENTIREAGREEMENT This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL VENDOR is bound by the contents of AGENCY's Request for Proposal, EXHIBIT "D" hereto and incorporated herein by this reference, and the contents of the proposal submitted by the VENDOR, EXHIBIT "E" hereto. In the event of conflict, the requirements of AGENCY's Request for Proposals and this AGREEMENT shall take precedence over those contained in the VENDOR's proposals. The incorporation of the VENDOR's proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between VENDOR and/or AGENCY, unless expressly agreed to in writing. XXII. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this AGREEMENT on behalf of VENDOR warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the VENDOR and has the authority to bind VENDOR to the performance of its obligations hereunder. City of Rosemead — Firework Display for 0 of July Event Request for Proposal No. 2024-02 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written. VENDOR (Signature) (Vendor Name) (Title) [City of Rosemead] A Municipal Corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney M EXHIBITS: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E Scope of Services Payment Schedule Insurance Requirements Request for Proposal Vendor's Proposal City of Rosemead — Entertainment Services for 4' of July Event Request for Proposal No. 2022-10 EXHIBIT A CITY OF ROSEMEAD — SCOPE OF SERVICES The Annual 411 of July Event will take place on Thursday, July 4, 2024. The event will take place at Rosemead Park, 4343 Encinita Ave, Rosemead, CA 91770 from 12:00 to 10:00 pm. Optional two, one-year extensions: 1. Friday, July 4, 2025 2. Saturday, July 4, 2026 The City requests that proposals contain the following: 1. Provide Firework Display for the 4th of July Event: a. The Vendor to provide preproduction services, b. The Vendor to provide approximately 20 min. Firework Display a the 4th of July event. c. Main Body—Aerial Shells L 3" Sky Concerts Selections 140 qty. ii. 4" Sky Concerts Selections 150 qty. iii. 5" Sky Concerts Selections 96 qty. d. Pyrotechnic Devices i. Multishot Device 300 shots ii. Multishot Device 100 shots iii. Multishot Device 600 shots e. Grand Finale i. 2.5" Sky Concert Bombardment Shells 144 qty. ii. 3" Sky Concert Bombardment Shells 60 qty. iii. 4" Sky Concert Bombardment Shells 60 qty. f. Total = 1,650 qty. 2. Music Production & Choreography: a. The Vendor is responsible for the choreography of the music with the firework display. b. The Vendor to provide the music list and file to the Parks and Recreation prior to the event. c. The Vendor is responsible for the choreography of the music with the firework display. 3. Equipment: a. The Vendor will supply sufficient equipment for the operation of the duration of the event. i. An electronic firing system and pyrotechnic safety equipment used for support and protection. City of Rosemead — Entertainment Services for 4" of July Event Request for Proposal No. 2022-10 4. Personnel: a. The Vendor is to provide the services of a licensed pyrotechnic operator, specialized crew to set-up, operate and breakdown firework display during operational hours of service. 5. Permits: a. The Vendor is responsible to work directly with local fire authority and apply for the necessary fireworks related permits. All quotes should be itemized and include detailed information. City of Rosemead —Entertainment Services for 0 of July Event Request for Proposal No. 2022-10 EXHIBIT B PAYMENT SCHEDULE City of Rosemead — Entertainment Services for a of July Event Request for Proposal No. 2022-10 EXHIBIT C INSURANCE REQUIREMENTS Without limiting VENDOR's indemnification of AGENCY, and prior to commencement of Work, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to AGENCY. Note: Verify minimum limit for each coverage with Risk Manager. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $10,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident. Workers' compensation insurance. VENDOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Umbrella or excess liability insurance. [If required to meet higher limits]. Vendor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employers liability. Such policy or policies shall include the following terms and conditions: • A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • "Pay on behalf of wording as opposed to "reimbursement"; • Concurrency of effective dates with primary policies. Should VENDOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer's liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. City of Rosemead — Entertainment Services for 4'^ of July Event Request for Proposal No. 2022-10 VENDOR shall submit to AGENCY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers. Other provisions or requirements Proof of insurance. VENDOR shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of coverage. VENDOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by VENDOR, his agents, representatives, employees or subVendors. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of AGENCY before the AGENCY's own insurance or self-insurance shall be called upon to protect it as a named insured. Agency's rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by VENDOR or AGENCY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, AGENCY may cancel this AGREEMENT. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subvendors. City of Rosemead — Entertainment Services for 0 of July Event Request for Proposal No. 2022-10 Enforcement of contract provisions (non estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform VENDOR of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY. Notice of cancellation. Vendor agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. Pass through clause. VENDOR agrees to ensure that its subvendors, subcontractors, and any other party involved with the project who is brought onto or involved in the project by VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all agreements with Vendors, subcontractors, and others engaged in the project will be submitted to AGENCY for review. Agency's right to revise specifications. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the VENDOR ninety (90) days advance written notice of such change. If such change results in City of Rosemead — Entertainment Services for 4" of July Event Request for Proposal No. 2022-10 substantial additional cost to the VENDOR, the AGENCY and VENDOR may renegotiate VENDOR's compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY. Timely notice of claims. VENDOR shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR's performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. City of Rosemead — Entertainment Services for 4" of July Event Request for Proposal No. 2022-10 EXHIBIT D REQUEST FOR PROPOSAL r) City of Rosemead — Entertainment Services for 4' of July Event Request for Proposal No. 2022-10 EXHIBIT E VENDOR'S PROPOSAL 0 Attachment B Pyro Spectaculars Proposal 2024 Fireworks Proposal PIRO SPECTACU[AR'S City of Rosemead July 4, 2024 "r W-1 February 5, 2024 City of Rosemead Tam Chu 8838 East Valley Blvd. Rosemead, CA 91770 Subject; Request for Proposal NO. 2024-02 for your event on July 4, 2024, PROGRAM A for $31,500.00 Pyrotechnics: ❑Close Proximity 0 Display Fireworks ❑Firecrackers Theatrical Effects: ❑Spark Machines ❑Flames ❑CO2 Cryo jets ❑Confetti/Streamers ❑Lights ❑Foggers Drones: ❑ Light Animations ❑ Accents Dear Tam Chu, 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 Rosemead 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, Inc. Marco Montenegro, Show Producer (VT) Pym Spectaculars, Inc. P.O. Box 2329, Rialto, CA 92377 • Phone: (909) 355- 8120 • Fax: (909) 355-9813 Fireworks Proposal City of Rosemead PROGRAM A — July 4, 2024 $31,500.00 Main Body - Aerial Shells Description Quantit ♦ 3" Souza Designer Selections 140 ♦ 4" Souza Designer Selections 150 ♦ 5" Souza Designer Selections 96 Total of Main Body - Aerial Shells 386 Pyrotechnic Devices Description Quantity ♦ Sousa Diamond Line Custom Multishot Device 285 Shots ♦ Sousa Silver Line Custom Multishot Device 529 Shots ♦ Sousa Emerald Line Custom Multishot Device 282 Shots Total of Pyrotechnic Devices 1,096 Grand Finale Description Quantit ♦ 2.5" Souza Designer Bombardment Shells 108 ♦ 3" Souza Designer Bombardment Shells 60 ♦ 4" Souza Designer Bombardment Shells 30 Total of Grand Finale 198 Grand Total 1,680 Product descriptions are for specification of product quality, classification, and value. Final product selections will be based on availability, suitability, and overall artistic style. U Pyro Spectaculars, Inc. City of Rosemead P.O. Box 2329 Program A, Rev. # 3 Rialto, CA 92377 July 4, 2024 Tel: 909-355-8120 :::: Fax: 909-355-9813 Page I of PRODUCTION AGREEMENT (Special) This agreement ("Agreement") is made this day of - 2024 by and between Pyro Spectaculars, Inc., a California corporation, hereinafter referred to as ('PYRO"), and City of Rosemead, hereinafter referred to as ("CLIENT"), PYRO and CLIENT are sometimes referred to as "Party" or collectively as "Parties" herein. 1. Engagement - 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 PYRO 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 Dudes —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 utilin the Site for the Production, and the other things on its part to be performed as mora 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. Time and Place - The Production shall take place on July 4.2024, at approximately 9:00 PM, at Rosemead Park, 4343 Encinita Avenue, Rosemead CA, Site. 3. Fees, Interest, and Expenses - 3.1 Fee— For the Jule 4.2024 Production. CLIENT agrees to pay PYRO a £ce of S31 500.00 USD (THIRTY-ONE THOUSAND FIVE HUNDRED DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO $15,750.00 USD (FIFTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS) of the Fee plus estimated permit and standby fees, specified production costs, and other regulatory costs approximated at 00.00 OR an amount to be determined, for a total of $15,750.0 , as a deposit ("Deposit") upon the execution of this Agreement by both parties but no later than April L 2024. The balance of the Fee shall be paid no later than July 5. 2024. CLIENT authorizes PYRO to receive and Verify credit and financial information conoeming 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 Option to Extend —CLIENT shall have the option to extend this Agreement for two (2) one (1) year extensions for a Friday, July 4, 2025 Production and a Saturday, July 4, 2026 Production, which shall include a 5% increase in the Production Fee for each year of the extension. Client shall provide written notification to PYRO of the City's intent to extend the Agreement no later than February 3i° of each year of the extension. 3.3 Interest - In the event that the Fee is not paid in a timely manner, CLIENT will be responsible for the payment of 1.5% interest per month or 18% annually 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. 3.4 Experl PYRO shat) 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. Proprietary Rights - 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 CLIENTowned 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 partes sufficient to authorize public exhibition of any such material in connection with this Production. PYRO reserves the ownership rights in its trade names that aro 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 maybe safely discharged or continued. It shall not constitute a breach of this Agreement by PYRO for fireworks to fail or malfunction, or for PYRO 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. PSI V-2021-2 Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120 :::: Fax: 909-355-9813 City of Rosemead Program A, Rev. # 3 July 4, 2024 Page 2 of 4 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 maybe required of the Production or set-up, discharge and fallout areas including any environmental clean-up. S. Permits - PYRO agrees to apply for permits for the firing of pyrotechnics only from the Los Angeles County 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, 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 famished to CLIENT prior to the rendering of services hereunder and shall include that the following we 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. it. Limitation or Damages for Ordinary Breath - Except in the case of bodily injury and property damage w 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. Force Ihfaieure -CLIENT agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, govemmental 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 bas 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. Reschedulina 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 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 form 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. Richt To Cantel —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. No Joint Venture At is agreed, nothing in this Agreement or in PYRO's performance of the Production shall be constived as forming a partnership or joint venture between CLIENT and PYRO. PYRO shall be and ism 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. Applicable Law -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 aro enforceable. PSI V-2021-2 Pyro Spectaculars, Inc. P.O. Box 2329 Rialto, CA 92377 Tel: 909-355-8120:::: Fax: 909-355-9813 City of Rosemead Program A, Rev. # 3 July 4, 2024 Page 3 of 4 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. CLIENT — City of Rosemead. 8838 East Valley Blvd.. Rosemead, CA 91770, 18. Modification of Terms — 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 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 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 of the date first written above: PYRO SPECTACULARS, INC. 1 By i Its: President Date: SHOW PRODUCER Marco Montenegro PSI V-2021-2 City of Rosemead By: Its: Print Name Date: Pyro Spectaculars, Inc. City of Rosemead P.O. Box 2329 Program A, Rev. # 3 Rialto, CA 92377 July 4, 2024 Tel: 909-355-8120 :::: Fax: 909-355-9813 Page 4 of4 SCOPE OF WORK PYRO SPECTACULARS, INC. ("PYRO'� and City of Rosemead ("CLIENT') Pyro shall provide the following goods and services to CLIENT: • One Pyro Spectaculars, Inc., Production on July 4, 2024, at approximately 9:00 PM at Rosemead Park, 4343 Encinita Avenue. Rosemead, 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. • Musical soundtrack for the Production supplied in the agreed upon format. • Insurance covering the Production as set forth in the Agreement with the following limits: Insurance Reouirements Limits Commercial General Liability $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 -Owned and Hired Autos (Bodily Injury & Property Damage) Workers' Compensation Statutory Emplover 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, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. 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. • A professional grade Audio System including all necessary equipment, installation of such equipment and trained audio engineers for operation based on audio and communications requirements provided by PYRO. • 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