1l July 4th Fireworks Display CITYOF
7700 Market Boulevard
PO Box 147
Chanhassen. MN 55317
Administration
Phone: 952.227.1100
Fa:<: 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
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TO:
FROM:
DATE:
SUB J:
Todd Gerhardt, City Manager
Jerry Ruegemer, Recreation Superintendent
June 18, 2003
Approval of Contract with Melrose North Pyrotechnics for
Fourth of July Fireworks Display
The City of Chanhassen has contracted with Melrose Pyrotechnics to provide
fireworks for the 4th of July Celebration for many years. Melrose has always
provided a safe and quality show for the contracted amount.
In previous years, the city sought bids from other fireworks companies looking
for new ideas for the show. Unfortunately, no other company has been able to
match the show quality that Melrose provides. Staff has felt very comfortable
with the safety and quality products Melrose has provided to the City.
RECOMMENDATION
It is staff's recommendation that the City Council approve the contract with
Melrose North Pyrotechnics in the amount of $21,000. The display will take
place on Friday, July 4 at 10 p.m. at Lake Ann Park. The cost of the 2003
fireworks display is included in Fund 1600 of the 2003 recreation program
budget. This is the same price as the 2002 display.
The City of Chanhassen o A cro,,',dn¢ communit7 with clean lakes, ouality schools, a charrnmg dov,,ntov,,n, thriving businesses, winding trails, and beautiful parks. A great place to live. v,,ork, and play.
MELROSE NORTH PYROTECHNICS, INC.
AGREEMENT
.
This contract entered into this 6th Day of JANUARY AD 2003 by and between MELROSE NORTH'
PYROTECHNICS, INC. of Clear Lake, MN and CITy OF CHANt/ASSEN (Customer) of City CttANIIASSEN
WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in conSideration of the terms
hereinat~er mentioned, agrees to furnish to the CUSTOMER ONE 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 JULY 4~ 2003
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 of the 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 n°t~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.'s 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.
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.
It is further agreed and understood that the CUSTOMER is to pay MELROSE NORTH PYROTECHNICS,
INC. the sum of $21,000.00 (TWENTY ONE THOUSAND AND NO/100 DOLLARS). A service fee of 1 ]/2 % per
month shall be added, if account is not paid within 30 daYs of the Show date.
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
reasonable attorneys fees 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.
MELROSE NORTH PYROTECHNICS, INC.
Date Signed: January 6, 2003
CUSTOMER
Mark C. Hanson Name
9405 County Road 8 Address
Clear Lake, MN 55319
(800) 771-7976 Phone
By
Its duly aulh3rized agenL who represents he../sl~e has full authority to bind Ihe customer.
Date Signed
(PLEASE TYPE OR PRINT)