HomeMy WebLinkAboutOrdinance No. 16,492 (Item 6.d.)ORDINANCE NO. 16,492
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT WITH PYRO SHOWS OF TEXAS, INC. TO
PROVIDE FIREWORKS DISPLAYS FOR THE CITY OF BAYTOWN'S
JUNETEENTH AND FOURTH OF JULY CELEBRATIONS IN AN AMOUNT NOT TO
EXCEED FIFTY-ONE THOUSAND, NINE -HUNDRED, SEVENTY-FIVE DOLLARS
($51,975.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs
the City Manager to execute, and the City Clerk to attest to, a professional services agreement with Pyro
Shows of Texas, Inc. for fireworks displays for the City of Baytown's Juneteenth and Fourth of July
celebrations.
Section 2: That the City Council of the City of Baytown hereby authorizes a payment not to
exceed the total of FIFTY-ONE THOUSAND, NINE -HUNDRED, SEVENTY-FIVE DOLLARS
($51,975.00) to Pyro Shows of Texas, Inc. as described in Section 1.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs of FIFTY THOUSAND DOLLARS ($50,000.00) or less.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmativen vote of the City Council of the City of
Baytown this the 28`' day of May, 2026. n 1l j
SJ
APPROVED AS TO FORM:
RISTIN HOLMES, As istant City Attorney
R:',Ordinances and Resolutions�Ordinance Drafts\2026-05-28`Ord-Pyro Shows TX-SL.docx
AGREEMENT FOR CONSULTfNG SERVICES
STATE OF TEXAS §
COUNTY OF I-IARRIS §
This Agreement (this "Agreement") is entered into by and between Pyro Shows of Texas
thereinafter "Consultant") and the City of Baytown, a home -ride municipality located in Harris
and Chambers Counties, rI'exas (the "City").
1. Scope of Sei vices/Consultant Fees
a. This Agreement authorizes Coisultant to perform Fireworks services for
Juneteenth and 4th of July Celebrations at Bicentennial Park and Goose Creek Park
the "work") for and on behalf of the City as specified in the Scope of work
attached as Exhibit "A."
b. This Agreement shall commence on the date of execution by the City Manager or
his designee and (if not terminated in accordance with paragraph 10) shall
terminate:
Z upon completion of the Work In accordance with this Agreement, including
Exhibits;
Cl number of months/days (spelled out) (number of months/days [numerical])
months/days following execution by the City Manager or his designee, allowing
for tip to number of renewals (spelled out) annual renewals;
C the earlier of (a) completion of the work in accordance with this Agreement,
including Exhibits; (b) number of months/days (spelled out) (number of
months/days [numerical]) months/days following execution by the City
Manager or his designee, allowing for rip to number of renewals (spelled out)
annual renewals.
C. The scope of the work is detailed in Exhibit "A."
d. Exhibit "A" is incorporated into this Agreement by reference for all purposes.
2. Compensation land Pi-ofessional Fees
a. The City shall pay Consultant in installments based upon monthly progress reports
and detailed invoices submitted by the Consultant based upon the following:
i. Juneteenth Deposit..........................................................................$4042.50
ii. Juneteenth Final Paynhent...............................................................$4042.50
iii. 4th of July Deposit........................................................................$21945@00
iv. 4th of July Final Payment............................................................. $21945.00
Agreement for Consulting Services, Page 1
EXHIBIT "A"
V • 00
t,i. rrotal Not toExceeds...* too 1061 a 0*6@ 6 a#@ 0#0 aa, at* so& 09 *too* I@ **&Of* 000# 009*4 **a a to a#s a *axceed........................................@........................... A 5 1975 e00
b. Consultant shall not exceed the fixed contractual amount without written
authorization in the form of a Contract amendment.
c. Reimbursable Expenses are itemized by work category. Reimbursable Expenses
shall be invoiced AT COST, without subsequent markup by Consultant. All
invoices containing a request for Reimbursable Expenses shall include copies of
the original expense receipts itemized per allowable category.
1) Allowable reimbursable Expenses include:
a) Hard copy reproductions, copies, and/or binding costs;
b) Postage;
c) Mileage, for travel from Consultant's office to meetings at the City
or jobsite only if Consultant does not have a local office within a
fifty (50) mile radius of Baytown. Mileage shall be charged at the
current IRS rates;
d) Travel Expenses, mileage from local office to state or federal
regulatory agency office beyond 100 miles; and
e) Lodging expenses for destinations beyond 100 miles from
Consultant's local office AND when business hours exceed eight
hours within one business day OR when Consultant's services
require more than one eight -hour day at the destination; provided
such expenses has been approved in writing by the City.
d. Disallowed Expenses
If Consultant has an office in Harris or Chambers Counties, Texas,
Disallowed Expenses shall include travel expenses for professionals
traveling into Harris or Chambers Counties from Consultant's offices
outside of Harris or Chambers Counties.
e. Consultant shall invoice based upon total services actually completed during the
applicable month. invoices and all required or requested backup information shall
be tendered no more often than once a month. Consultant shall not invoice the City
for services or expenses that were incurred more than sixty (60) days before the
date of the invoice. Failure to timely invoice the City for services or expenses shall
result in Consultant's invoice being denied.
f. In the event of a disputed or contested invoice, the City may withhold from payment
that portion so disputed or contested, and the tundisputed portion will be paid.
3. Pez•solinel of Consultant
a. Consultant's Project Manager
Agreement for Professional Services, Page 2 revised 3.2.2026
Consultant shall designate Kyle Wooten, to serve as Project Manager for the Work
performed under this Agreement. Any change of Project Manager shall require
thirty (30) days advance written approval from the City's Representative.
b. Licensed and Registered Fireworks Show Director
Consultant shall keep full -tine registered Pyrotechnician licensed ill te State of Texas
on staff and assigned to the Work for the duration of its performance of the Work.
C.
Data on Consultant's Employees Prior
to commencement of the Work, Consultant shall forward to the City a detailed resume
of the personnel that will be assigned to the Work. d.
Rejection of Consultant's Employees The
City reserves the right to approve or reject from the Work any employees of Consultant.
4.
Designation and Duties of the City's Representative a.
The Parks, Recreation and Tourism Director or his/her designee shall act as the City'
s Representative. b.
The City's Representative shall use his best efforts to provide nonconfidential City records
for Consultant's use. However, the City does not guarantee the accuracy or correctness
of the documents so provided. Notwithstanding the foregoing, Consultant
shall be entitled to use and rely upon information provided by the City in
performing the services required under this Agreement only to the extent and level
specified by the City in writing for each document provided. Nothing contained
herein shall be construed to require the City to provide such records in any
certain format. The format in which the existing data and documentation will be
provided shall be at the sole discretion of the City. 5.
Standards of Pex•formance a.
Consultant shall perform all services under this Agreement with the care and skill ordinarily
used by members of Consultant's profession practicing under the sane or
similar circumstances, time and locality. Opinion of probable cost shall be based upon
the Consultant's experience and represent its best judgment as an experienced and
qualified professional. Each submittal of opinion of probable cost shall be conimensurate
with the project design. Consultant
shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and the City shall not be responsible for discovering deficiencies
therein. Consultant shall correct such deficiencies without additional compensation.
b.
Codes and Standards Ap,
reement for Professional Services, Page 3 revised 3.2.2026
i. All references to codes, standards, environmental Regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the requestor for Work
is made by the City.
li. The work shall be designed and ftirni'shed in accordance with the most
current codes and/or standards adopted by city, state, or federal government
or in general custom and usage by the profession and shall comply with
Texas Department of Licensing and Regulation's rules and regulations.
The codes and standards used in the profession set forth minimum
requirements. These may be exceeded by the Consultant if superior methods
are available for successful completion of the Work. Any alternative codes
or regulations used shall have requirements that are equivalent or• better than
those in the above -listed codes and regulations. Consultant shall state the
alternative codes and regulations used.
iv. Consultant agrees the services it provides as an experienced and qualified
Pyrotechnician will reflect the professional standards, procedures and
performances common in the industry for this project. Consultant further
agrees that any analysis, Reports, preparation of drawings, the designation
or selection of materials and equipment, the Selection and supervision of
personnel and the performance of other services under this contract: will be
pursuant to the standard of performance common in the profession.
V. Consultant shall promptly correct any defective analysis caused by
Consultant at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder or of the work
itself shall in no way alter Consultant's obligations or the City's rights under
this Agreement. As applicable, Consultant: shall provide the City with
record "as --built" drawings relating to the work in an electronic format that
is acceptable to the City. City shall be in receipt of record drawings, if
applicable, prior to final payment.
b. Schedule
Consultant shall not proceed with the work or any stage thereof until written notice to proceed is
provided by the City's Representative.
7, Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, Insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the 'Fork hereunder by Consultant, its agents,
representatives, volunteers, employees or SUbconsultants.
a. Consultant's Insurance coverage shall be primary insurance with respect to the City,
its officials, employees and agents. Any insurance or self-insurance ii-iaintained by
Agreement for Professional Services, Page 4 revised 3.2,2026
the City, its officials, employees or agents shall be considered in excess of
Consultant's insurance and shall not contribute to it. Further, Consultant shall
include all subconsultants, agents and assigns as additional insureds under 'its policy
or shall fiirnish separate certificates and endorsements for each such person or
entity. All coverages for subconsultants and assigns shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
i. Commercial General Liability
General Aggregate: $2,000,000
Products & Completed Operations Aggregate: $2,000,000
N Personal & Advertising Injury: $1,000,000
Per Occurrence: $lX05000
E Fire Damage $500,000
waiver of Subrogation required
Coverage shall be broad form
No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
ii. Business Automobile Policy
E Combined Single Limits: $1,000,000
Coverage for "Any Auto"
waiver of Subrogation required.
iii. Errors and Omissions
Limit: $1,000,000 for this project
Claims -made form is acceptable
Coverage will be in force for one (1) year after completion of the
Project.
waiver of Subrogation required.
iv. Workers' Compensation
0 Statutory Limits
Employer's Liability $500,000
waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
i. Insurance carrier for all liability policies trust have an A.M. Best Rating of
A: V I I I or better.
ii. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
Agreement for Professional Services, Wage 5 revised 3.2.2026
Liability policies inust be on occurrence form. Errors and Omissions can
be on claims -made fornn.
iv, Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after
thirty (30) days prior written notice by mail, return receipt requested, has
been given to the City.
V. The City, its officers, agents and einployees are to be added as Additional
Insureds to all liability policies, with the exception of the workers'
Compensation and Errors and 0iiiissions Policies required herein.
vi. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
viz. Upon request and without cost to the City, loss runs (claims listing) of any
and/or all insurance coverages shall be furnished to the City.
viii. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
Consultant. Consultant shall provide copies of insurance policies and
endorsements required hereunder to the City on or before the effective date
of this Agreement.
S. Indeinnifieation and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OPF'ICERS, AGENTS,
AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE CITY")
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGE,
S, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY
IQND, INCLUDING ALL EXPENSES OF LITIGATION, COURT
COSTS, AND ATTORNEY'S FEE S, FOR INJURY TO OR DEATH
OF ANY PARSON, FOR DAMAGE TO ANY PROPERTY OR FOR
ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT
OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE9 INTENTIONAL
TORT, INTELLECTUAL PROPERTY INFRINGEMCNT,
OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER
COMMITTED BY THE PROTESSIONAL OR THE CONSULTANT'
S AGENT9 CONSULTANT UNDER CONTRACT9 OR ANOTHER
ENTITY OVE R WHICH THE CONSULTANT EXCRCISES
CONTROL (COLLECTIVELY, CONSULTANT'S PARTIES).
IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO,
BOTH CONSULTANT AND THE CITY, THAT THE Agreement
for Professional Services, Page 6 revised 3.2.2026
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONSULTANT TO IIVDEMNIP'Y AND PROTECT
THE CITY PROM THE CONSEQUENCES OF CONSULTANT'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLD
NEGLIGENCE AS WALL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLr,CTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE, PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING PROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PARSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGCNCE OF ANY
PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE EVENT
THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST
THE CITY PROM WHICH THE CITY IS INDEMNIFIED, CONSULTANT
FURTHER AGRE E S AND COVENANTS TO DEFEND
THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE
TO THE CITY. THE INDEMNITY PROVIDED HCREINABOVE
SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION
OF THIS AGREEMENT. By
this Agreement, the City sloes not consent to litigation or suit, and the City thereby expressly
revolves any consent to litigation that it may have granted by the terins of this
Contract or any other contract or agreement, any charter, or applicable state law.
Nothing therein shall be construed so as to limit or waive the City's sovereign immunity.
Consultant assuhncs full responsibility for its services performed thereunder
and hereby releases, relinquishes and discharges the City, its officers, agents,
and employees froin all claims, demands, and causes of action of every Mild and
character, *including the cost of defense thereof, for any injury to or death of any person (
whether they be either of the parties hereto, their employees, or other third parties)
and any loss of or damage to property (whether the property be that of either of
the parties thereto, their employees, or other third parties) that is caused by or alleged
to be caused by, arising out of, or in connection witlh Consultant's services to be
performed thereunder, This release shall apply with respect to Consultant's services
regardless of whether said claims, demands, and causes of action ai•e coveted in
whole or in part by insurance. 9.
Subcontractors and Subconsultants Consultant
shall receive written approval of the City's Representative prior to the use of any subcontractors
or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors
shall be given to the City before execution of such contracts. Agreement
for Professional Services, Page 7 revised 3.2.2026
100 Termination of Consultant
The City, besides all other rights or remedies it may have, shall .have the right to terminate this
Agreement without cause upon written notice from the City Manager or Iris designee to Consultant
of the City's election to do so. Furthermore, the City may immediately and without notice terminate
this Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include,
but not be limited to, the following:
a) failing to pay insurance premiums, liens, claiins or other charges;
b) failing to pay any payments due the city, state, or federal government, from
Consultant or its principals, inclriding, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
c) the institution of voluntary or involuntary bankruptcy proceeding against
Consultant;
d) the dissolution of Consultant;
e) refusing or failing to prosecute the work or any separable part with the diligence
that will ensure its completion within the time specified in this Agreement;
f) failing to complete work within the time period specified in this Agreement; and/or
g) the violation of any provision of this Agreement.
Upon delivery of any Notice of termination required herein, Consultant shall discontinue all
services in connection with the performance of the Agreement. within ten (10) days after receipt
of the notice of termination, Consultant shall submit a final statement showing in detail the services
satisfactorily performed and accepted and all other appropriate documentation required herein for
payment of services. At the same time that the final statement is tendered to the City, Consultant
shall also tender to the City's Representative all of Consultant's instruments of service, including
all drawings, special provisions, field survey notes, reports, estimates, and any and all other
documents or work product generated by Consultant under this Agreement, whether complete or
not, in an acceptable form and format together with all unused materials supplied by the City. No
final payment will be made until all such instruments of service and materials supplied are so
tendered.
If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in completing
Consultant's services. The rights and remedies of the City in this section are in addition to any
other tights and remedies provided by law or under this Agreement.
it, Records
Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to
review and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement.
1.2, Supex+vision of Consultant
Consultant is an independent contractor, and the City neither reserves not- possesses any right to
control the details of the work performed by Consultant under the terns of this Agreement.
Agreement for Professional Services, Page 8 revised 3.2.2026
13, Billing
The City shad have thirty (30) days to pay Consultant's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the work
or services performed and the date(s) of such work or services. In the event of a disputed or
contested invoice, the parties understand and agree that the City may withhold the portion so
contested, but the undisputed portion will be paid. Consultant shall invoice the City for work
performed no more than once a month and may not invoice the City for work not performed,
Invoices shall be received by the City no later than sixty (60) calendar days from the date Consultant
and/or its sub coilsultatits perforn the services or incur the expense. Failure by Consultant to comply
with this requirement shall result in Consultant's invoice being denied and the City being relieved
ftoin any liability for payment of the late invoice.
The City shall pay Consultant the maximum mate pern'n'tted by Chapter 2251 of the Texas
Government Code on any past due payment not received within thirty (30) days after the payment
due date. In accordance with § 2251,043, in a formal administrative or judicial action to collect
an invoice payment or interest due tinder this chapter, the opposing party, which may be the City
or Consultant, shall pay the reasonable attorney fees of the prevailing party.
14, Indebtedness
If Consultant, at any tine during the term of this Agreement, incurs a debt, as the word is defined
in section 2--662 of the Code of Ordinances of the City of Baytown, it shall inu»ediately notify the
City's Director of Finance in writing. If the City's Director of Finance becomes aware that
Consultant has incurred a debt, the City's Director of Finance shah inuiledlately Notify Consultant
in writing. If Consultant does not pay the debt within thirty (30) days of either such notification,
the City's Director of Finance may deduct hinds in an amount equal to the debt from any payments
owed to Consultant tinder this Agreement, and Consultant waives any recourse therefor.
15, vex•ifications
If Consultant has teas. (10) or more fiill-tine employees and Consultant's total compensation tinder
this Agreement has a value of One -Hundred Thousand Dollars ($100,000.00) or more, Consultant
makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas
Goverimient Code;
a. the Consultant does not boycott. Israel and will not boycott Israel during the terill
of the contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy
companies during the term of the contract to be entered into with the City of
Baytown; and
C. the Consultant does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association and will not
discriminate during the teal of the contract against a firearill entity or firearm trade
association.
t6. Governing Law
This Agreement has been made under and shall be governed by the laws of the State of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris County,
Texas.
A reement for Professional Services, Page 9 revised 3.2.2026
17, Notices
Unless otherwise provided in this Agreement, any mice provided for or permitted to be given
must be in writing and delivered in pet -son or by depositing sane in the United Mates mail, postpaid
and registered or certified, and addressed to the party to be notified, with retU n receipt requested,
or by delivering the same to an officer of such party. Notice deposited in the mail as described
above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement,
front and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
For Consultant:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
Kyle Wooten
Pyro Shows of Texas
6601 Nine Mile Azle Road
Fort worth, Texas 76135
Each party shall have the right from time to time at any tine to change its respective address and
each shall have the right to specify a new address, provided that at least fifteen (15) days written
notice is given of such new address to the other party.
1.8. No Thh-d-Party Benefciat•y
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be
entitled to rely on Professional's performance of its services hereunder, and no right to assert a
claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third
partyart as a result of this Agreement or the performance of Professional's services hereunder.
19. No Right to Arbiti-ation
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating to
this Agreement shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections I --14), or any applicable State
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding this provision,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required
or requested by the City of complete relief to be recorded in the arbitration proceeding.
Agreement for Professional Services, Page 10 revised 3.2.2026
20, waivej-
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same ternh or condition.
21. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant
in regard to the subject matter thereof and supersedes all prior negotiations, representations or
agreements, either whether written or oral, on the subject matter hereof. This Agreement may only
be amended by written instrument approved and executed by both of the patties. The City and
Consultant accept and agree to these ternhs.
22. No Assignment
Consultant may not sell or assign all or part interest in this Agreement to another party or panties
without the prior express written approval of the City Manager or his designee of such sale or
asslgnnhent. The City may require any records or financial statements necessary in its opinion to
ensure such sale or assignment will be in the best interest of the City.
23. Headhigs
The headings used in this Agreement are for general reference only and do not Have special
significance.
24. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in firll force and effect.
25. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party thereto on the basis that such party did or did not author the same.
26. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the patty he/she represents.
Ap,reenlent for Professional Services, Page 11 revised 3.2.2026
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which sha11 be d e led to be i orignial, but all of which shall constitute but one
and the same Agreement on the day ofdu, 2the date of execution by the City Manager
or his designee of the ity of Bayt 1. CITY
OF BAYTOWN Signature)
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F14 Printed
Name) LcA,
Title)
ATTEST:
n '
Jy ANGELA
JACKSON City Cl r
APPROVED
ASTO FOI vi: f Signature)
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5 Hai IrY1C 5 -j Printed Name)
Agreement for
Professional Services, Page 12 revised 3.2,2026
CONSULTANT:
Chad Stanley
0000010,
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Signature)
Printed Name)
l*l. e S I oL.C
Title)
STATE OF Texas
J
COUNTY OFfa Before
nee on this day personally appeared 111 V1W&0-- , in his/her capacity as vice j
President_,
on behalf of such [Add Consultant's Legal Name1,, - -_ rU Shows o P-1-W, 1 nC 11 check
one)
known to
me; proved to
me on the oath of or proved to
nee through his/her current Sh Q rS Lklns L _{description of identification
card or other document issued by the federal government or any state government
that contains the photograph and signature of the acknowledging person] to
be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/
she executed the same for the purposes and consideration therein expressed, SUBSCRIBED AND
SWORN before me this day of N UJ%J-' 20.
Y •
KAYLI
WEATHERBY My Notary
ID # I M618428 PIP , b.
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Deceer 12, 2027 RASeottlContracts\1201_
PYRO Shows of Texas - Agreement 2026.docx Note ublic
in and for the State o S Agreement for
Professionai_Set-vices, Page 13 revised 3.2.2026
Fuhihit A
1. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to Customer a fireworks display, hereinafter referred to as "Show",
pursuant to the project/sales order # 112 dated Mar 3, 2026. The Show(s) will be given on June 13, 2026. Rain
date/postponement date: June 14 2026
La. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to Customer a fireworks display, hereinafter referred to as "Show",
pursuant to the project/sales order # 26 TX 07-04-Custom-41800-000111 dated Mar 9, 2026. The Show(s) will be given on July
41 2026. Rain date/postponement date: July 5 2026
Ill. CANCELLATION: PYRO SHOWS shall determine what weather conditions prohibit PYRO SHOWS from proceeding with the Show;
in which case, PYRO SHOWS agrees to present the Show on the following day or previously agreed upon postponement date. In
addition to contracted Show cost, Customer- shall remit the documented actual additional expenses PYRO SHOWS shall incur in
presenting the show on subsegUent occasion. Should Customer cancel the Show for any reason other than for weather as described
above, fires, riots, labor disputes, war, terrorism, acts of god, epidemics, and/or other circumstances or events outside the
reasonable control or responsibility of Customer, Customer shall remit the documented actual additional expenses incurred by PYRO
SHOWS up to the date of cancellation.
IV. SECURITY AREA: Customer agrees to furnish sufficient space for PYRO SHOWS to properly conduct the Show as determined by
NFPA 1123-2014 (hereinafter "Security Area"). Customer agrees to provide adequate security protection to preclude persons
unauthorized by PYRO SHOWS from entering the Security Area. For the purposes of the Agreement, "Unauthorized Persons'
shall mean anyone other than the employee(s) of PYRO SHOWS or persons specifically designated in writing by the sponsor or
the Authority Having Jurisdiction (AHJ), and submitted and approved, to PYRO SHOWS prior to the event. Any expenses for
security or stand-by fire protection shall be the responsibility of the Customer.
V. SITE CLEANUP: PYRO SHOWS shall be responsible for basic cleanup of the launch area to include policing of the fallout zone for
any unexploded ordnance and removal of all large paper debris, wood, wire, foil, racks, mortars and firing equipment used in the
setup for the show. Customer shall be responsible for cleanup of debris located in and around the fallout zone.
Vill. COMPLIANCE WITH THE LAWS AND REGULATIONS: Promptly upon the execution of this Agreement, Customer shall apply for
the approval hereof to any agency, officer or authority of any government if such approval is required by any applicable law,
ordinance, code or regulation. Customer expressly agrees to comply with and abide by all applicable laws, ordinances, codes and
regulations insofar as the same may be applicable to the terms and
conditions of this Agreement, including all rules and regulations now existing or that may be promulgated under and in
accordance with any such law or laws.
IX. PERMITS AND LICENSES: PYRO SHOWS shall process the necessary permits and licenses to enable PYRO SHOWS to perform fully
hereunder unless otherwise forbidden by any other applicable statute, rule or otherwise.
XI. ADVERTISEMENT AND PROMOTIONS: when promoting fireworks performed by PYRO SHOWS, Customer may name PYRO
SHOWS as the fireworks provider in promotional advertising media. Customer agrees to allow PYRO SHOWS to use Customer's name
as Customer,