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9a 1999 July4 FireworksContractCITYOF CHAN SEN 12. 9321900 Ce,e;~d l~zx 61£. 93-. 5 Q ~ 9 t~.v 612. 934.2524 MEMORANDUM TO: FROM: DATE: Jerry Ruegemer, Recreation Superintendent February 16, 1999 SUB J: 1999 Fireworks Contract, Armual 4th of July Celebration The City of Chanhassen has been pleased with the fireworks shows provided by Melrose Pyrotechnics for many years. With the approval of the Park and Recreation Commission after last years 4th of July evaluation, I contacted Melrose to formulate a show for July 4. 1999. Melrose was given our budget amount ors 14,500 and developed a show. Included in the price of the show are 1,007 shells, $5 million public liability insurance, experienced display operators that are all covered by workers compensation insurance. As you know, Melrose has provided the 4th of July shows in Chanhassen for many years and ! have a great working relationship with them. I have already had conversations with Melrose representatives and they are tweaking portions of the show which will improve the quality. Melrose is very reputable and will provide an excellent show. RECOMMENDATION It is staff's recommendation that the city approve the contract for Melrose Pyrotechnics in the amount of $14,500. The display will take place on Sunday, July 4, 1999, at 10:00 p.m., at Lake Ann Park. The cost of the fireworks display is included in Fund 145 of the recreation program budget. G:'park'4'~99 Fil er, orksMemo The Cit3, of Cha,hasseu. A ?, rowi;l~, co,,,ttm'~, w/th c[~',~, /,~4'cs, q,':,d"q' sd,~d,. ,~ d,.,mm';:,~ dow,tow,, thrid~z.~, b,,~sh~esscs. ~u~d bemm'f;.d p,,:ks. A ?,re,, p/,~ce r:, [~!'~', t~.ork. ,,~d p[,n: MELROSE PYROTECHNICS, INC. 13255 BRADLEY BLVD. BECKER, MN 55308 January 15, 1999 Jerry Ruegemer City of Chanhassen 690 City Center Drive Chanhassen, MN 55317 Dear Jerry, Thank you for calling, we appreciate your dedication, As we discussed, 1 am mailing you a proposal. Please remember that the year 2000 is almost here, The new millemfium is causing many cities to consider bigger and better fireworks for their celebrations~ We offer onr help Go you in planning or suggesting ideas fbr your festivities. I have enclosed a contract prepared for your approval and signature, Upon xeceipt of the signed contract in our office, design of your program will begin and the insurance certificate will be issued. I have enclosed a self-addressed, stamped envelope for your convenience, Please feel free to call me with any questions or concerns you have. Sincerely, MELROSE PYROTECHNICS, INC. Mark C. Hanson Event Producer Eno. be MELROSE PYROTECHNICS, INC. KINGSBURY INDUSTRIAL PARK HEINOLD COMPLEX POST OFFICE BOX 302 KtNGSBURY. IN 46345 T ;~19.393.552;~ 800.771.7976 F 800.775.7976 July 4~ 1999 THE FOLLOWING ARE INCLUDED WITH THE PROGRAM: 1. Five Million Dollars Public Liability Insurance 2. Experienced Display Operators 3. Display Operators covered by Worker's Compensation Insurance 4. Department of Transportation Certified, CDL Licensed Drivers 5. All material and equipment to set up and fire the display CITY OF CHANHASSEN, JULY4, 1999 SHELL SYNOPSIS: MAIN BODY: 75 - 4 INCH BRILLIANT COLOR CHRYSANTHEMUM SHELLS 80 - 5 INCH PEONYS, CHRYSANTHEMUMS AND SPECIAL EFFECT SHELLS 60 - 6 INCH ASSORTED CHRYSANTHEMUM, STROBE AND PATTERN SHELLS 25 - 8 INCH ASSORTED CHRYSANTHEMUM STROBE, TWINKLING AND SPARKLING STAR SHELLS 10 - 10 INCH ASSORTED PALM TREE, STROBE AND SPECIAL EFFECT SHELLS FINALE: 400 - 2 INCI4 SHOT COLOR WITH RISING SILVER TAILS 72 - 2 ~A INCH COLOR AND SALUTES WITH SILVER RISING TAILS 50 - 3 INCH ASSORTED, BEAUTIFUL COLORED SHELLS 200 - 3 INCH TITANIUM SALUTES WITH SILVER RISING TAILS 20 - 4 INCH ASSORTED SPECIAL EFFECT SHELLS 6 - 5 INCH SPARKLING LIGHT SHELLS 6 - 6 INCH VARIATIONS OF PATTERNS 2 - 8 INCH PALM TREE SHELLS 1 - .10 INCH MAGNIFICENT IC, kMI~O SHELL MELROSE NOR TH P YR 0 TECHNICS, INC. AGREEMENT This contract entered into this 1 5th day of 8annary MELROSE NORTH PYROTECHNICS, INC. of Beckerj-MN and A.D. 19 99 by and between .(customer) of City _~[banha.q.q~n State WITNESSETH: MELROSE NORTH PYROTECHNJCS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER on~-$1 d: 5013.017) 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, 1999 Customer Initial __, weather permitting, it 'being understood that should inclemeht 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 convenient date. Customer shall remit to the first party an additional 10% of the total contract price for additional expenses in presenting the display on subsequent occasion. 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 30% 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 FO[IRq'ERN' TI4OUSAND_FiVE~ H[TNDREB_AND NO/1 00--~ service fee of I I/2% per month shall be added, if account is not paid within 30 days of the show date. MELROSE NORTH PYROTECHNICS, 1NC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. Customer will provide the items checked in the following list: (a) Sufficient area for the display, including a minimum spectator set back of._TDD feet at all points from the discharge area. (b) Protection of the display area by roping-offor similar facility. (c) Adequate police protection to prevent spectators from entering display area. 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 /~ Z~'--- ~ 7 (PLEASE TYPE OR PRINT) Name _ Nark C. Hanson Name Address 13255 Bradley Blvd. Address Becket, MN 55308 CUSTOMER Its duly authorized agent, who represents heJsh¢ has full authorit7 to bind the customer Date Signed Phone 800-771-7976 bhone (PLEASE TYPE OR PRINT) 690 Ciky Centelz~DrJJf~_ Chanhasson: IvIN 55317 61 2-937-1900 ~.. 1 2~