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1b. Award Bid, July 4th Fireworks Contract CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site WIfW.ci .chanhassen.mn. us 1b 40:1". MEMORANDUM TO: Jerry Ruegemer, Recreation Superintendent John W. Stutzman, Recreation Supervisor J 1v5 FROM: DA TE: o~ February 29,2008 SUBJ: 2008 Fourth of July Fireworks Contract In preparing for the upcoming Fourth of July Celebration, our department solicited quotes for the 2008 fireworks show. We received quotes from Hollywood Pyrotechnics Inc. and Melrose Pyrotechnics. Both companies prepared and submitted the necessary quote information and returned it by the established due date. After reviewing both quotes, it was apparent both companies met the specifications and are offering quality and unique shows with an opening body, main body, and grand finale. A point worth noting is that Melrose offers a unique feature-a mid-show barrage and a pre-finale teaser and, due to Melrose's familiarity with this event, they have offered to do a special 25th anniversary shell prior to the grand finale. Additionally, Melrose is willing to accommodate our setup schedule on July 4th and are also in full agreement with our cancellation policy; whereas, Hollywood would like to see a larger settlement package in this policy. This year city staff has also asked both companies to submit multi-year proposals in addition to a single-year proposal for 2008. After reviewing the proposals, both seem to benefit the City. Each company also offers bonuses for each year of a multi-year contract. In signing a three-year contract with Melrose, the city would receive a bonus of $2,650 added to the third year of the contract. The City of Chanhassen has contracted with Melrose Pyrotechnics for over 20 years. Staff is comfortable with the safety and quality of the products they provide. Staff has also developed a great working relationship with the lead technician from Melrose and, over the years, everyone's expectations have been met. This has saved the city staff time and money by not having to go through setup and event details year after year. RECOMMENDA TION It is staff's recommendation that the Park & Recreation Commission recommend the City Council approve the Fourth of July Fireworks contract with Melrose Pyrotechnics in the amount of $30,000. Furthermore, it is staff's recommendation that the Park & Recreation Commission recommend the City Council approve a three-year contract for the Fourth of July Fireworks with Melrose Pyrotechnics from 2008 through 2010 in the amount of $30,000 in 2008, $23,000 in 2009, and $23,000 in 2010. The 2008 amount is included in Fund 1600 of the budget, and the subsequent amounts wi II be budgeted in the same location in the 2009 and 2010 budgets. The fireworks display will take place on Friday, July 4 at 10 p.m. at Lake Ann Park. The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. STAFF UPDATE - (2-27-08) The Park and Recreation Commission reviewed the Fourth of July Fireworks contract at their February 26th meeting. After review, the Park and Recreation Commission unanimously recommended that the City Council approve the 2008 contract from Melrose Pyrotechnics in the amount of $30,000. STAFF UPDATE - (2-29-08) Upon further review, staff has established that when seeking "professional services" contracts, such as fireworks, there are no financial limitations in accepting quotes. The only requirement is that the same request for proposals be sent to multiple vendors. This year's request for proposals was sent to Hollywood Pyrotechnics Inc. and Melrose Pyrotechnics. It asked them to submit a quote for 2008 as well as a three-year contract proposal through 2010, with dollar amounts in future years to be less than 2008. With no bidding restrictions hindering a multi-year contract, it is staff's recommendation that the Park and Recreation Commission recommend that the City Council approve a three-year contract for the Fourth of July Fireworks with Melrose Pyrotechnics from 2008 through 2010 in the amount of $30,000 in 2008, $23,000 in 2009, and $23,000 in 2010. The 2008 amount is included in Fund 1600 of the budget, and the subsequent amounts will be budgeted for in the same location in the 2009 and 2010 budgets. STAFF UPDA TEl CITY COUNCIL RECOMMENDATION - (3-27-08) The Park and Recreation Commission further reviewed the Fourth of July Fireworks contract with the latest update, at their March 25th meeting. After review, the Park and Recreation Commission unanimously recommended that the City Council approve the Melrose Pyrotechnics three year contract for 2008 in the amount of $30,000, 2009 in the amount of $23,000, and 2010 in the amount of $23,000. MELROSE NORTH PYROTECHNICS, INC. AGREEMENT This contract entered into this 11th Day of Februarv AD 2008 by and between MELROSE NORTH PYROTECHNICS, INC. of Clear Lake, MN and City of Cbanbassen (Customer) of City Cbanbassen State Minnesota. WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER 3-tbree Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of Julv 4. 2008. 2009. 2010 Customer Initial , weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months ofthe original display date. Customer shall remit to the first party an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of MELROSE NORTH PYROTECHNICS, INC. In the event the customer does not choose to reschedule another date or cannot agree to a mutually convenient date, MELROSE NORTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by CUSTOMER prior to the display, CUSTOMER shall be responsible for and shall pay to MELROSE NORTH PYROTECHNICS, INC. on demand, all MELROSE NORTH PYROTECHNICS, INC.ls out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. 5% BONUS FROM EACH OF THE FffiST TWO YEARS ADDED TO THE THmD YEAR AT NO ADDITIONAL CHARGE. MELROSE NORTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is further agreed and understood that the CUSTOMER is to pay MELROSE NORTH PYROTECHNICS, INC. the sum of$ 76.000.00 (Seventy six tbousand and 00/100). A service fee of 1 Y2 % per month shall be added, if account is not paid within 30 days of the show date. **Julv 4-08. $30.000.00. Julv 4. 2009 and 2010. $23.000.00 eacb year - Bonus will be f!iven tbe tbird year - $25.650.00 displav (City of Cbanbassen will pay $23.000.00 for tbe displav)** MELROSE NORTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge area. (b) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorneys fees and court costs incurred by MELROSE NORTH PYROTECHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. =L~PCTE;Z:: Date Signed: Februarv 11. 2008 CUSTOMER By Its duly aUlborized agent. who represents be/sbc bas full authority 10 bind the customer. Date Signed (PLEASE TYPE OR PRINT) Mark C. Hanson 9405 River Road SE Clear Lake, MN 55319 (800) 771-7976 Name Address Phone ADDENDUM For City of Chanhassen, Minnesota Fireworks 3-Year Contract 2008-2010 This contract shall automatically renew for the fourth of July celebrations in 2009 and 2010 unless terminated by either party giving the other party at least 120 days written notice, prior to the next fourth of July celebration, of its decision to terminate this agreement. Mr. Mark C. Hanson, Event Producer for Melrose Pyrotechnics, Inc. 3-3-08 Printed Name: Title: Date: Signature: