Attachment A
Amendment No. 1 to the Production Agreement 25I136
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AMENDMENT NO. 1 TO THE PRODUCTION AGREEMENT 25I136
BETWEEN THE CITY PALM SPRINGS AND PYRO SPECTACULARS INC.
1. Parties and Date.
This Amendment No. 1 to the 2025 Production Agreement is made and entered into as of this 18 day of May, 2026, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Pyro Spectaculars, Inc., a California Corporation. City and Corporation are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 2025 Agreement. City and Contractor entered into an agreement titled “Production Agreement” dated May 14, 2025, for the purpose of retaining the services of Contractor to provide fireworks production services for the City’s 2025 Independence Day event, in an amount of $65,000 (“2025 Independence Day Agreement”).
2.3 Amendment Purpose. City and Contractor now desire to amend the 2025 Agreement to add fireworks productions for the City’s 2026 and 2027 Independence Day and Veterans Day celebrations, subject to final City Manager and City Attorney approval, in the amount of $187,000 and a revised total contract amount not to exceed $252,000, and extend the Term an additional two-years, through November 30, 2027.
2.4 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 18 of the 2025 Agreement.
3. Terms.
3.1 Amendment. Sections 3.1 of the 2025 Agreement are hereby amended to add the following:
“Fee - For the July 4, 2026 Production CLIENT agrees to pay PYRO a fee of $65,000.00 USD (SIXTY-FIVE THOUSAND DOLLARS) ("Fee") for the Production.
CLIENT shall pay to PYRO an initial payment (“Initial Payment”) equal to 50 % of the Production Fee $32,500.00 USD (THIRTY-TWO THOUSAND FIVE HUNDRED DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $0.00 OR an amount to be determined, for a total of $32,500.00, upon the execution of this Agreement by both parties but no later than June 1, 2026.
The Initial Payment is a partial payment toward the preproduction services and costs set forth in the Scope of Work (“Preproduction Services and Costs”.) The balance of the Fee shall be paid no later than June 18, 2026.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 June 1, 2025.
Fee – For the November 11, 2026 Production For the production on 2026 CLIENT agrees to pay PYRO a fee of $25,000.00 USD (TWENTY-FIVE THOUSAND DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO the total balance of the Production Fee $25,000.00 USD (TWENTY-FIVE THOUSAND HUNDRED
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DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $0.00 OR an amount to be determined, for a total of $25,000.00, upon the execution of this Agreement by both parties but no later than December 11, 2026. 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 June 1, 2026.”
Fee – For the July 4, 2027 Production CLIENT agrees to pay PYRO a fee of $70,000.00 USD (SEVENTY THOUSAND DOLLARS) ("Fee") for the Production.
CLIENT shall pay to PYRO $35,000.00 USD (THIRTY-FIVE THOUSAND 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 $35,000.00, as a deposit (“Deposit”) no later than April 1, 2027. The balance of the Fee shall be paid no later than June 18, 2027. 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 June 1, 2026.
Fee - For the production on 2027 CLIENT agrees to pay PYRO a fee of $27,000.00 USD (TWENTY SEVEN THOUSAND DOLLARS) ("Fee") for the Production. CLIENT shall pay to PYRO the total balance of the Production Fee $27,000.00 USD (TWENTY-SEVENTHOUSAND DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $0.00 OR an amount to be determined, for a total of $27,000.00, upon the execution of this Agreement by both parties but no later than December 15, 2027. 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 June 1, 2026.”
3.2 Continuing Effect of 2025 Agreement. Except as amended by this Amendment No. 1, all other provisions of the 2025 Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the 2025 Agreement, it shall mean the 2025 Agreement as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
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[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PRODUCTION AGREEMENT 25I136 BETWEEN THE CITY PALM SPRINGS AND PYRO SPECTACULARS INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: May 27, 2026 Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000