HomeMy WebLinkAboutC28930 - Pyro-Spectacular's Firework Display CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: APPROVAL OF PYRO-SPECTACULAR'S FIREWORKS DISPLAY
CONTRACT NO. C 28930 FOR 2009 INDEPENDENCE DAY
CELEBRATION
DATE: May 21, 2009
CONTENTS: Proposed Contract by Pyro-Spectaculars by Souza
RECOMMENDATION:
By Minute Motion, approve Contract No. C 2893o in the amount of$35,148.00
with Pyro-Spectaculars by SoUza for professional staff and pyrotechnic supplies and
services for the annual Independence Day Celebration scheduled to be held on July 4,
2009.
BACKGROUND:
Each year, the City of Palm Desert produces an Independence Day Celebration that allows
the community to come together and celebrate our country's freedoms. A 20-minute
pyrotechnic display is held at the conclusion of the concert. While the 2009/2010 budget
has not yet been approved, staff is requesting approval of this contract and attendant
funding in order to move forward with the production of this event.
Therefore, staff recommends that the City Council approve Contract No. C2s93o , and
authorize the Mayor to sign the subject contract. Funds in the amount of$35,148.00 are in
Accou 110-4416-414-3061 and no appropriation is need r requested.
�Z�
PATRICIA SCULLY, E JO M. WOHLMUTH
SENIOR MANAGE ENT ANA YST C MANAGER
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, SHEILA R. GILL G N CITY COUNCILACTION
ACM/COMMUNITY SERVI pPPROVF,D ✓ nrN�rn
RECEIVEU OTHF,R
MF.I�.T[NG DATE � - - n
AYF,S: � � ��
PAUL GIBSON NnFS: L� �..��
DIRECTOR OF FINANCE/ p�SENT: .l����-
CITY TREASURER ABSTAIN: ���-
VF,RIFIED BY: r�
Original on File with City Clerk s Office
Pyro Spectaculars, Inc. Contracx No. C28930 City of Palm Desert
P.O. Box 2329 Jul��4,2009
Rialto,CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813 Pa�e 1 of 4
PRODUCTION AGREEMENT
This agreement("Agreement")is made this day of 2009 by and beriveen Pyro Spectaculars,Inc.,a Califomia
corporation,hereinafter referred to as("PYRO"),and City of Palm Desert,hereinafter referred to as("CL[ENT"). PYRO and CLIENT aze sometimes referred to
as"Party"or collectively as"Parties"herein.
1. Eneasement-CLIENT hereby engages PYRO to provide to CLIENT one fireworks production("Production"),and PYRO accepts such engageme!.'
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 Du6es—PYRO shall provide all pyrotechnic equipment,Vained pyrotechnicians,shipping,pyrotechnic products,application for
specific pyrotechnic permits(the cost of which,induding 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 as more specifically set forth below in this Agreement and in the Scope of Work("Scope of
Work"),attached hereto,incorporated herein by this reference,and made a part of this Agreement as though set forth fully herein.
1.2 CLIENT Duties—CLIENT shall provide to PYRO a suitable site("Site")for the Production,security for the Site as set forth in Paragraph
6 hereof,access to the Site,any permission necessary to 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 azrangements aze 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,inctuding,but not limited to,access,
use,control,pazking and general safety with respect to the public,CLIENT personnel and other contractors.
2. Time and Place-The Production sha(1 take place on Julv 4,2009,at approximately 9:OOpm,at Colleee of the Desert:Palm Desert.CA,Site.
3. Fees.Interest,and Exoenses-
3.1 Fee-CLIENT agrees to pay PYRO a fee of$35A00.00 USD fl'HIRTY FIVE THOLJSAND DOLI,ARS)("Fee")for the Production.
CLIENT shall pay to PYRO$17500.00 USD(SRVF.N'i'F.EN THOLISAND FIVF.HIINDRF,D DOLLARS)of the Fee plus estimated permit and standby fees,
specified production cosu,and other regulatory wsts approximated at 148.00,for a total of 17 648.00 as a deposit("DeposiY')upon the execution of this
Agreement by both parties but no later than Mxv 15.2009. T'he balance of the Fee shall be paid no later Utan Julv G,2009. CLIENT authorizes PYRO to receive
and verify credit and financial information conceming 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 pazagraph 20.
3.2 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 attomeys'fees.
3.3 Expenses—PYRO shall pay all normal expenses directly related to the Producdon including freight,insurance as outlined,pyrotechnic
products,pyrotechnic equipment,experienced pyrotechnic personnel to set up and dischazge 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
outtined as CLIENT's responsibility in this Agteement and Scope of Work.
4. Proarietary Riehts-PYRO represents and warcants that it owns all copyrights,including performance rights,to this Production,except that PYRO
does not own CLIENT-owned material ot 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 CLIEN'f-owned materiat and third-pariy-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 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 aze used in or aze 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 ali 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 dischazged or continued as a result of any conditions or circumstances affecting safety
beyond the reasonable control of PYRO.
6. Securi -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 azea to be designated by PYRO as the area for the set-up and discharge of the Production,including a
fallout azea satisfactory to PYRO where the pyrotechnics may safely rise and any debris may safely fall. PYRO shall have no responsibility for monitoring or
controlling CLIENT's other contractors,providers or volunteers;the public;areas to which the public or contractors have access;or any other public or contractor
facilities associated with the Production.
7. Cleanup-PYRO shall be responsible for the removal of all equipment provided by PYRO and clean up of any live pyrotechnic debris made necessary
by PYRO. CLIENT shal(be responsible for any other clean up which may be required of the Production or set-up,discharge and fallout azeas including any
environmental clean-up.
PS V 1-2a
Pyro Spectaculars,Inc. Contract No. C28930 City of Palm Desert
P.O. Box 2329 Jul3�4,2009
Rialto,CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813 1'a�e?of 4
8. Permits-PYRO agrees to apply for permits required for the discharge of pyrotechnics from the Palm Desert I'ire Department(or other authority
having jurisdiction),FAA,USCG,and the State of Califomia,as required. CLIENT shall be responsib(e for any fees associated with these permits including
standby fees. CLIENT shal(be responsible for obtaining any other necessary permits,paying associated fees,and making other appropriate azrangements for
Police Departments,other Fire Departrnents,road closures,evendactivity or land use permits or any permission or permit required by any Local,Regional,State
or Federal Govemment.
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 azise 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 fumished to CLIENT prior to the rendering of services hereunder and shall indude the following:(1)that it may not be canceled or modified without the
insurance carrier providing at least thirty(30)days prior written notice to CLIENT;and(2)that the following are named as additionally insured:CLIENT;
Sponsors,Landowners,Bazge 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. Evidence of other insurance shall be provided upon CLIENT's written request to PYRO.
10. Indemnification-PYRO represents and warrants that it is capable of fumishing 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 c(aims,actions,damages,liabilities and expenses,including but not
limited to,attomey and other professional fees and court costs,in connection with the loss of life,personal injury,and/or damage to property,azising from or out
of the Production and the presentation thereof to the extent such aze occasioned by any act or omission of PYRO,their officers,agents,conVactors,providers,or
emp(oyees. 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 aze 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.
1 I. Limitation of Damaees for Ordinary Breach-Except in the case of bodily injury and property damage as provided in the insurance and
indemnification provisions of Paragraphs 9 and 10,above,in the event CLIENT claims that PYRO has breached this Agreement or was otherwise negligent in
performing the Production provided for herein,CLIENT shall not be entitled to claim or recover monetary damages from PYRO beyond the amount CLIENT has
paid to PYRO under this Agreement,and shall not be entitled to claim or recover any consequential damages from PYRO including,without limitadon,damages
for loss of income,business or profits.
12. Force Maieure-CLIENT agrees to assume the risks of weather,strike,civil unrest,terrorism,military action,governmental action,and any other
causes beyond the control of PYRO which may prevent the Production from being safely discharged on the scheduled date,which may cause the cancellation of
any event for which CLIENT has purchased the Production,or which may affect or damage such portion of the exhibits as must be placed and exposed a
necessary time before the Production. If,for any such reason,PYRO is not reasonably able to safely discharge the Production on the scheduled date,or at the
scheduled time,or should any event for which CLIENT has purchased the Production be canceled as a result of such causes,CLIENT may(i)reschedule the
Production and pay PYRO such sums as provided in Paragraph 13,or(ii)cancel the Production and pay PYRO such sums as provided in Pazagraph 14,based
upon when the Production is canceled.
13. Reschedulin¢Of Event-If CLIENT elects to reschedule the Production,PYRO shall be paid the original Fee plus all additional expenses made
necessaty by rescheduling plus a 15%service fee on such additional expenses. Said expenses will be invoiced sepazately and payment will be due in full within 5
days of receipt. CLIENT and PYRO shall agree upon the rescheduled date taking into consideration availability of permits,materials,equipment,transportation
and labor.The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be
rescheduled to a date,or for an event,that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July
15th unless ffie original date was July 4th of that same yeaz,or between December 15th and January 15th unless the original date was December 31st of the earlier
yeaz unless PYRO agrees that such rescheduling will not adversely affect normal business operations during those periods.
14. Rieht 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 as set forth in Pazagraph 3.1. 1)50%if cancellation occurs 30 to 90
days prior to the scheduled date,2)75%if cancellation occurs I S to 29 days prior to the scheduled date,3)100%thereafier. In the event CLIENT cancels the
Production,it will be impractical or extremely difficuk 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 forming a partnership or
joint venture beriveen CLIENT and PYRO. 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. A�alicable 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 Bemazdino 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 concems,the full dollaz amounts outlined in this Agreement aze
enforoeable.
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,Califomia,92377,or for overnight delivery to 3196 N.
Locust Avenue,Rialto,Califomia 92377. CLIENT�itv of Palm Desert:73-510 Fred Wazing Drive.Palm Desert,CA 92260-2578.
PS V 1-2a
Pyro Spectaculars, Inc. Contract No. C28930 City of Palm Desert
P.O. Box 2329 July�4,2009
Rialto,CA 92377
Tel:909-355-8120 :::: Fax: 909-355-9813 Pa�e 3 of 4
18. Modification of Terms—Alf terms of the Agreement aze in writing and may only be modified by written agreement of both Parties hereto. Both
Parties acknowfedge they have received a copy of said written Agreement and agree to be bound by said tertns of written Agreement only.
19. Severabilitv—If there is more than one CLIENT,they shall be jointly and severally responsible to perfortn CLIENT's obligations unde�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,Califomia. 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 aze 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,then the price,date,and scope of the Production aze 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 throug6 Ntay 1S,2Q09
EXECUTED AGREEMENT MUST BE DELIVERED TO PYRO BY THIS DATE.
See PRICE FIRM conditions,pazagraph 20,above.
EXECUTED as of the date first written above:
PYRO SPECTACULARS,INC. City of Palm Desert
1
, ^ i
� �^�� ���+ �
, � BY.
By: '
%
�"� Its:
Its: President
Print Name
SHOW PRODUCER:Jeff:�tartin
PS V 1-2a
Pyro Spectaculars, Inc. Contract No. C28930 City of Palm Desert
P.O. Box 2329 Jul}�4,2009
Rialto,CA 92377
Tel: 909-355-8120 :::: Fax: 909-355-9813 Pa�e=�of 4
SCOPE OF WORK
PYRO SPECTACULARS,INC. ("PYRO")
and
City of Palm Desert("CLIENT")
Pyro shall provide the following goods and services to CLIENT:
• One Pyro Spectaculars, Inc., Production on Julv 4, 2009, at approximately 9:OOnm at College of the Desert; Palm Desert,
CA.
• All pyrotechnic equipment,trained pyrotechnicians, shipping,and pyrotechnic product.
• Application for specific pyrotechnic permits relating to the Production.
• Musical soundtrack for the Production supplied in agreed upon format.
• Insurance covering the Production as set forth in the Agreement with the following limits:
Insurance ReAuirements Limits
Commercial General Liabilitv $1,000,000.00 Combined Single Limit-Each Occurrence
(Bodily Injury&Property Damage)
Business Auto Liabilitv- $5,000,000.00 Combined Single Limit-Each Occurrence
Owned,Non-Owned and Hired Autos (Bodily Injury&Property Damage)
Workers'Compensation Statutory
Em_ployer Liabilitv $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.
PS V 1-2a
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apri� 2�, zoo9 Pyro Spectaculars, Inc.
PO Box 2329, Rialto, CA 92377
`� �� Phone: 909.355-8120
City of Palm Desert Fax: 909.355.9813
Pat Scully www.pyroSpectaculars.com
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
_ �,, Dear Ms. Scully,
r���
�:= .�,
� �A � Thank you for the opportunity to submit our pyrotechnic proposal for your July 4, 2009
+� fireworks display. We are honored to highlight your event with a Pyro Spectaculars by
- �,,;�"''� Souza fireworks extravaganza, celebrating America's Birthday and Independence. A
very sincere effort has gone into the enclosed proposal which outlines your custom
� designed show in detail.
_ �
�...,�� We are proposing our special Sky ConcertTM Program "A" in the amount of$35,000.00.
� Your display is scheduled for 9:00 p.m. Our plan is to use the winning combination of
our products, people and production capabilities to produce the best fireworks
� entertainment package possible.
_�.
'� This program price includes the services of a licensed pyrotechnic operator, an i
�� electronic firing system, show choreography and design, insurance coverage, sales tax '
�-. � and delivery. We will process the necessary fire department permit application. City of (
�
''�!�` Palm Desert will be responsible for provisions for security, and payment of the Palm I
� Desert Fire Department permit fee of approximately $148.00 and standby firemen
- fees, if any. The Fire Department may bill you directly for any standby fees. �
�
(
� Enclosed you will find a Product Synopsis, Display Checklist and Production !
,
����*�° Agreements for signature. Please have one copy of this fully executed agreement �
����h� returned to our office by May 15, 2009 along with your deposit. ,
�� ���� � ' Please take the time to review this proposal in detail. If ou wish to make an chan ���
Y y ges
��� in your program or need more information, please call either myself or your Customer
� � =�"��� �?���� � Service Representative Cindy Allie at (909) 355-8120 ext. Z31. �
,�
-n����► ` Sincerely,
��
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�` �:i�� PYRO SPECTACULARS, INC,
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^... Je Martin
� Sales Manager
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Enclosures
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Proposa/ Out/ine for
�� City of Pa/m Desert
• Product Synopsis
' Display Checklist
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�► • Company Profile
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� �� • Marquee Event Photos
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�� • Conclusion and Commitment
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��- • Other Available Options
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Product Synopsis
Pyro technic Proposa/
City of Pa/m Desert
Program ,4
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�3s,000.00
� ° � Opening
��� Description Quantitv
� � "�' ♦ 3" Sky Concert Opening Salutes 50
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' '`� Total of Opening 50
�� Main Body - Aerial Shells
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Description Quantitv
`�� ♦ 4" Sky Concert Selections 160
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♦ 5" Sky Concert Selections 105
♦ 6" Sky Concert Selections 95
� ♦ 8" Sky Concert Selections g
�� Total of Main Body - Aerial Shells 368
�''�� Grand Finale
�'" �+�•� Description Quantitv
~^� ♦ 3" Sky Concert Finale Shells 180
��r:� �� � ♦ 4" Sky Concert Finale Shells gp
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� e Total of Grand Finale 270
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� City of Pa/m Desert�l rees to:
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�� ❑ Return contract by May 15, 2009.
� ❑ Send 50% deposit and applicable fire department permit fees b
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May 15, 2009.
� ❑ Send balance of payment to arrive by July 6, 2009.
� ❑ Provide suitable firin site a nece
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with all applicable laws.
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� Q Provide a Professional Full Service fireworks production.
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� � � � C1 Provide fireworks eneral liabili
g ty insurance and transportation insurance in
the amounts of $1 million and $5 million respectively, as well as workers
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Q Apply for all necessary federal, state, and local fireworks display permits
and licenses.
L�I Provide a licensed pyrotechnic operator and crew.
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� � Q Provide all necessary pyrotechnic equipment.
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Pyro Spectaculars by Souza is a full-
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company providing all types of �'z� �� ������: �' �� ��
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r.� customers. We provide a complete
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Nights at the Hollywood Bowl
Homecoming Queens to Presidential Inaugurations- Pyro Spectaculars by
� Souza is the World's Premier Pyrotechnic Production Company!
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� •World's Premier Theme Park Supplier •4,000 Annual Theme Park Shows
� •500 Annual Independence Day Shows •5,000 Varieties of pyrotechnic effects
•2,000 Seasonal Pyrotechnicians and •World's Largest Public Display Company
� Crew •Pioneered Electronic Firing to Music
���� ���•� •75 Full Time Em lo ees •Hi
p y ghest Industry Safety Record & Standards
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•13 countries of featured pyrotechnics •6 "Global Pyrotechnic Network" Facilities
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_ ������ ""� •American Pyrotechnics Association •California Fire Prevention Officers Association
•National Fire Protection Association •California Fireworks Advisory Committee
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� •Western Fairs Association •Lighting Dimensions International ��
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Association Attractions �
•International Special Events Society
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� e sincerely thank City of Palm Desert for allowing us to make this
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I � sincere effort has gone into preparing this proposal. We are
eager to hear your comments and answer any questions you may
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� e are confident that after your complete review of our ideas
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Souza as your fireworks company.
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�� �� �� Confetti � � �� �;� �� � �� � � �
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