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4c July 4th Fireworks ContractCITYOF 690 City Center Drive PO Box 147 Chanhassen, Minnesota 55317 Phonz 952. 937.1900 General Fax 952.937.5739 ~gineering Department Fax 952.93Z9152 Building Department Fax 952.934.2524 Web Site www. ci. chanhassen, mn. us TO: Jerry Ruegemer, Recreation Superintendent FROM: Corey Hoen, Recreation Supervisor DATE: January 7, 2002 SUB J: 2002 Fireworks Contract, Annual 4th of July Celebration The City of Chanhassen was pleased with the fireworks show provided by Melrose Pyrotechnics at last year's Fourth of July Celebration. I have briefly spoken with Melrose Pyrotechnics about this year's show and have given them our $21,000 budget figure to work with for 2002. I was pleased with the show'last year and I feel comfortable with Melrose's staff, their safety standards and their reputation of providing a quality show. RECOMMENDATION It is staff's recommendation that the City approve the contract for Melrose Pyrotechnics in the amount of $21,000. The display will take place on Thursday, July 4, 2002, at 10:00 p.m. at Lake Ann Park. The cost of the 2002 fireworks display is included in Fund 1600 of the recreation program budget. The City o£Chanhassen. A erowine communit~ with clean lakes, aualicy schools, a charmin¢ downtown, thriving businesses, and beautiful varks. A treat olace to live. work. and ola~. MELROSE NOR TH PYROTECHNICS, INC. AGREEMENT This contract entered into this 10th Day of Janu~ AD 2002 by and between MELROSE NORTH PYROTECHNICS, INC. of Clear Lake, MN and City of Chanl~ssen (Customer) of City Chanl~sen State Minnesota. WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms hereinai~er mentioned, agrees to furnish to the CUSTOMER one - $21,000.00 Fireworks Display(s) as per agreement made and accepted and made a part hereot~ 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, 2002 (b~ck-uo date of Ju_hr 5, 2002) 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 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.'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 TWENTY ONE THOUSAND AND NO/100 DOLLARS. A service fee of I ½ % 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 fi.om the discharge area. (b) Protection of the display area by roping-off or similar facility. (c) Adequate police protection to prevent spectators fi.om 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. CUSTOMER By Date Signed: Januar~ 10, 2002 Mark C. Hanson 9405 County Road 8 Clear Lake, MN 55319 (800) 771-7976 By Date Signed ~ (PLEASE TYPE OR P Name Address Phone