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5 July 4 Fireworks ContractCITYOF CHANHASSEN 690 Ci5, Cemer Driz'e, PO Boy PJ~o~e 612. 93Z 1900 P.b/Jc '~'~fi'5' t~x 6 I2, 9.~4,2524 MEMORANDUM TO: FROM: DATE: Jen-y Ruegcmer, Recreation Superintendent Corey Hoen, Recreation Supervisor ~_.,,]-;L February 20,2001 SUB J: 2001 Fireworks Contract, Annual 4a of July Celebration The city of Clnanlnassen \vas pleased witln the firc\vorks slnow provided by Meh'ose Pyroteclmics at last year's Fourth of July Celebration. I have briefly talked wittn Meh'ose Pyroteclmics about this year's show and have given ttnem our $21,000 budget figure to work witln for 2001. RECOMMENDATION It is staff's recommendation ttnat the City approve tine contract for Meh'ose Pyrotechnics in the amount of $21,000. The slnow will take place on Wednesday, July 4, 2001, at dusk at Lake Ann Park. Tine cost of the 2001 fireworks slnow is included in Fund 1600 of the recreation program budget. .r't r-. r r.~ t ,~ ,' ;*, , ;il, q.,.., 1,/,.¢ ..,,[h~, vd, oof; ,~ cl~,m.i.~ #rat'.tow. t/.'i ,h;o t~ v' terrec a.rt {wautiEd harl,~ .4 (,rn. /,la,'; t,~ ~iv,'..,m'te...# MELROSE NORTH PYROTECHNICS, INC. 9405 COUNTY RD. 8 CLEAR LAKE. MN 55319 T 3~.0.743,6496 800.771.7976 F 320.?43.6499 800,7?5.7976 January 31, 2001 City of Chanhassen Atto: Mr. Corey Hoen 690 City Center Drive Chanhassen, MN 55317 Re: Fireworks Display contract for July 4, 2001 Dear Corey, year. I appreciate your time on the phone regarding your fireworks display for this I have prepared the contract, as we discussed. Please review it. Upon receipt of the signed contract in our office, the date will be reserved for you. I am enclosing a self-addressed, stamped envelope for your convenience. The insurance certificate will be issued this spring after our policy renewal. As in the past, I will design a fireworks program that will be awesome. We look forward to hearing from you and continuing the tradition of working with you. Sincerely, MELROSE PYROTECHNICS, INC. Mark C. Hanson Event Producer Enc. bc MELROSE NORTH PYROTECHNICS, INC. AGREEMENT This contract entered into this 31 st day of Jmnuary between MELROSE NORTH PYROTECHNICS, INC. of Kingsbury, IN and City of Chanhasserl City Cha nhas serl State Minnesota AD 20 01 by and (Customer) of WITNESSETH: MELROSE NORTH PYROTECHNICS, INC. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the CUSTOMER ~no-$SH; 000_ 00 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 tire display under the supervision and direction of~tbf Customer, said display to be given on the evening of July 4, 2001 Customer Initial(_~t-~ , 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 convenient 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 PYROTECHNICS, INC. on demand, all MELROSE NORTIt PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the showy 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 stun of TWEN'I~ ONE THOUSAND AND NO/100 DOLLARS . A service fee of 1 V2 % 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 items checked in the following list: (a) Sufficient area for the display, including a nfinimum spectator set back of 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. 700 feet at It is further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mcan a parmership, 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 temps, 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, 1NC. By Date Signed (PLEASE TYPE OR PRINT) Name Mark C. Hanson Address 9405 County Rd 8 Clear Lake, MN 55319 Phone 800-771-7976 CUSTOMER Date Signed ~ -/~/- o I (PLEASE TYPE OR PRINT) Name .... Corey Hoen Address 690 City Center Drive