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HomeMy WebLinkAboutMay 22, 2002 CITY OF COLUMBIA HEIGHTS PARK & RECREATION COMMISSION AGENDA KEYES ROOM, JOHN P. MURZYN HALL WEDNESDAY, MAY 22, 2002 6:30 P.M. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf only). 1. ROLL CALL CONSENT AGENDA All items listed with asterisks (****) are considered to be routine by the Park & Recreation Commission and will be enacted as part of the consent agenda by one motion. 3. (****) APPROVAL OF APRIL 24, 2002 MINUTES 4.(****) APPROVAL PAYMENT OF BILLS LETTERS AND REQUESTS A. MICHAEL & JEAN BORG REQUEST DOWN PAYMENT REFUNDED Princeton residents, Michael & Jean Borg, are requesting that their down payment for hall rental at JPM be refunded due to the cancellation of their daughter's wedding that was set for January 4, 2003. OLD BUSINESS REQUEST FOR PROPOSAL FOR HUSET PARK MASTER PLAN Public Works Director/City Engineer, Kevin Hansen, will discuss the request for proposal for Huset Park Master Plan. COLUMBIA HEIGHTS LION'S CLUB STORAGE AREA Recreation Director, Keith Windschitl, will revisit the Columbia Heights Lion's Club request for the storage area located in the lower level of JPM underneath the northwest stairwell. They would like to have the area finished off and utilized for their liquor storage. Co SILVER LAKE BEACH AND BOAT LANDING Three Rivers Park District, formally Hennepin County Park District, purchased the Salvation Army Camp. Three Rivers Park District is interested in what the Park & Recreation has planned for the beach and boat landing. PAGE TWO 7. o NEW BUSINESS AWARD BID FOR 2002 JAMBOREE FIREWORKS DISPLAY Recreation Director, Keith Windschitl, will discuss the two bids received for the Friday, June 28, 2002 Jamboree fireworks display. Attached are the cover letters from the two companies that have submitted proposals. The specific details of both proposals will be brought to the meeting. REPORTS A. Recreation Director B. Public Works Director/City Engineer C. Commission Members ADJOURNMENT P&RCOMM: AGENDA-MAY02 City of Columbia Heights Park and Recreation Commission April 24, 2002 The meeting was called to order by Eileen Evans at 6:32 p.m. ROLL CALL Members present: Members absent: Eileen Evans; Tom Greenhalgh; Gary Mayer; Scott Niemeyer; Bill Peterson; Gary Peterson; Keith Windschitl, Recreation Director Kevin Hansen, Public Works Director/City Engineer Jerry Foss Also present: Tim Johnson, City Planner; Lomianki Park residents APPROVAL CONSENT AGENDA: Motion to make correction of spelling from Asland to Asplundh on consent agenda and motion to approve consent agenda by Niemeyer; second by Bill Peterson. All ayes, motion carried. LETTERS AND REQUESTS: Recreation Director, Keith Windschitl, discussed the Columbia Heights Lion's Club request for a storage area located on the lower level of JPM underneath the northwest stairwell. The Columbia Heights Lion's Club would like to have the area finished' off and utilized for their liquor storage. Recreation Director, Keith Windschitl, talked to the Building Official and the Fire Chief. A sprinkler head and a firewall would have to be added to this area. Motion by Niemeyer, second by B. Peterson to table the request until further investigation. All ayes, motion carried. OLD BUSINESS: There is no old business at this time. NEW BUSINESS: Commission Chairperson, Eileen Evans, discussed the current status of the property south of the developed Lomianki Park (from 37th to 38th) and whether or not it should be used for future park development. Commission Member, Bill Peterson, quoted the August 1996 Comprehensive Plan relating to Lomianki Park by saying, "Considering the nature and location of this park, the possibility of selling the north and south portions of this park would far outweigh any future development considerations. These areas are considered "dead space" and rarely ever used. If sold, the money received could be allocated in funds specifically for park developments and park improvements." PAGE TWO Lomianki Park resident, Terry O'Brien, 3810 Main Street N.E. stated that the original intent was to use the property south of the developed Lomianki Park (from 37th to 38th) as a picnic area. Commission Chairperson, Eileen Evans, asked how much use does the developed park get. Terry O'Brien stated that the neighborhood goes through cycles and it's coming back again where young families are moving back into the neighborhood. He also stated that the park probably doesn't get much use because of the warming house that wasn't supported for very long. Commission Member, Tom Greenhalgh, noted that the warming house has been shut down since August 1996 and there has been no one who has tried to get it re-opened. An unidentified Lomianki Park resident stated that he counted the lots on the west side of Main Street and there are 18 lots. On this property, he would like to know how they intend on building 25 to 30 homes. Commission Chairperson, Eileen Evans, informed him that the purpose for this discussion is not about what would go on the property. The purpose for this discussion is whether or not this property should continue to be recognized as park property. Also, that the City has maintained this property for 30 years and the question now is where should the dollars be spent. Lomianki Park resident, Jim Gustafson, 3712 Main Street N.E. states there is frequent use of the developed Lomianki Park during the summers. He also states that there is use on the undeveloped Lomianki Park property (between 37th & 38th). Residents have family picnics and play horseshoes. Bike riders and dog runners also utilize the space. Lomianki Park resident, Kathryn Kosa, 3732 Main Street N.E. states that it was promised by the City of Columbia Heights to be park property (between 37th & 38th), and her family has played volleyball, football, and softball back there for several years. She would like to see it stay that way. Commission Member, Bill Peterson, stated that it's possible that the sale of Lomianki Park (between 37th & 38th Avenue) would allow for money to be put money back into the City parks. Motion by Niemeyer, second by B. Peterson to recommend that the current parkland status be eliminated to allow for future development, as this is consistent with the park section of the City Comprehensive Plan. All ayes, motion carried. Public Works Director/City Engineer, Kevin Hansen, reviewed the bids for the replacement of the Prestemon Park Backstop and addition of first and third baseline fencing. The backstop would eliminate foul balls from going onto residential property. The backstop bid range was between $9,100 and $12,250. The bid range for fencing for 3rd and 1st baseline would be between $2,600 and $4,400. Fencing along the 3rd & 1st baseline would protect people walking/running on the cement trail. Century Fence Co. was the low bid. Motion by B. Peterson, second by Mayer to recommend to the City Council the Century Fence Co. proposal, as this would be the most cost effective bid. All ayes, motion carded. PAGE THREE REPORTS: Recreation Director, Keith Windschitl, informed the Commission Members that the Heights Happenings went to the printer and will be distributed within the week. The summer brochure contains summer recreation programs as well as City information. Recreation Director, Keith Windschitl, stated that there has been continued leaking in the JPM building but has been temporarily fixed by caulking the valleys and shingles. He indicated that he would be contacting a roof consultant. Recreation Director, Keith Windschitl, informed the Commission Members that Adult Softball leagues have started. Monday, Tuesday, and Thursday night leagues are full. Commission Chairperson, Eileen Evans, asked when times would end for softball. Recreation Director, Keith Windschitl, stated that game times for Prestemon Park are at 6:00 & 7:00 p.m. and game times for Huset Park are 6:00, 7:00, 8:00, & 9:00 p.m. Commission Member, Scott Niemeyer, asked if anyone had heard about the Recreation Department taking over 8th grade sports. Recreation Director, Keith Windschitl, stated at the present time we have not heard of middle school cuts to sports. Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that we have had odd weather for cutting grass. The Public Works Department is down four people at the present time. He would like any complaints referring to lack of grass cutting be forwarded to either Kevin Hansen or Lauren McClanahan in the Public Works Department. He is also anticipating a good return for seasonal staff. Commission Chairperson, Eileen Evans, informed the Commission members that the Three Rivers Park District (formally Hennepin Co. Park District) purchased the Salvation Army Camp. Three Rivers Park District met with the City of Columbia Heights to get a feeling of what the City proposes to do with Silver Lake Beach and boat landing in the future. They want to know whether the City wants to maintain the beach and boat landing as it currently exists. There may be interest in coordinating the park into their park master plan. Commission Member, Scott Niemeyer, asked when construction would be started on Central Avenue (between 37th & 43rd Avenue). Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that they are receiving bids until April 30th, and the construction is projected to start beginning to mid June with a substantial completion date by November 31st and final completion date of June 15, 2003. PAGE FOUR Commission Member, Bill Peterson, asked who plants the flowers under most City signs. Commission Chairperson, Eileen Evans, stated that the Beautification Committee does most of the work. She also stated that the City is still looking for someone to maintain the flower garden at 37th & Stinson Blvd, as the Lion's Club will no longer be taking over the project, and that the City would like to put up a 'Welcome to Columbia Heights' sign somewhere in the vicinity of 53rd & Central Avenue if land can be acquired. Recreation Director, Keith Windschitl, informed the Commission Members that the fireworks show has been moved to Friday night following the parade. The fireworks display is normally held on Saturday night during the Columbia Heights Jamboree but the City will be hosting a concert that Saturday. A change has been made to the parade route due to Central Avenue construction. A map of this year's parade route is on the cover of the summer newsletter. ADJOURNMENT Meeting adjourned at 7:13 p.m. Tina Foss, Park and Recreation Commission Secretary EXPENSES - MURZYN HALL - APRIL, 2002 DATE VENDOR ITEM COST ACCOUNT 24-Apr IPC Printing bussines cards $42.95 2171 24-Apr Petty Cash blind parts $5.00 2171 3-Apr AIIsafe horn/strobes $50.00 2280 17-Apr Pepsi premix $218.50 2990 3-Apr AIIsafe labor, alarm test $200.00 3050 TOTAL $516.45 Q o E o o ~ .... .~ .-- · 0 ~ m 8~m m>z_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) C) C) 0 0 0 0 0 0 0 0 May 7, 2002· Dear Commission members, We are requesting a refund of our $500.00 deposit for the rental of John P. Murzyn Hall. We had reserved the hall well in advance for our daughter's wedding reception. It was to have occured January 4, 2003. Unfortunately the wedding has been cancelled. We realize that it is no longer standard policy to return the deposit. However, in view of the fact that the deposit was made only a month ago and the date reserved is next year, we would appreciate your consideration of our request. We're sure you'll agree that there wouldn,t be a problem finding another lessee for that Saturday. If it would help facilitate a refund we would gladly be of assistance in that regard. Thank you for giving your attention to our request. Sincerely, Michael & Jean Borg 6382 60th Street Princeton, MN 55371 (763) 389-5475 PUBLIC WORKS CENTRAL GARAGE S E~VERD,VATER ENGINEERING STREETS PARKS REQUESTS FOR PROPOSALS (Short Form) FOR CONSULTANT SERVICES HUSET PARK MASTER PLAN COLUMBIA HEIGHTS, MINNESOTA The City of Columbia Heights is requesting proposals from individual or collaborating consulting firms for services relative to the development of a Master Plan for Huset Park. Proposals are due in the office of the Public Works Director/City Engineer no later than 3:30 PM, June 28, 2002. Proposals received after that date will be returned to the firm with the understanding that the firm will longer be considered for the consultant services for this project. If larger documents such as previously done site plans or renderings are included as examples of work, one copy will suffice by must be submitted with the proposals for our used during the evaluation process. Items such as this will be returned to you when the process has been completed. The process for reviewing the proposals will be: 1. City Staffwill review all proposals 2. City Staffwill then rank the proposals. 3. The Park Commission will review all proposals and staff rankings. 4. The Park Commission will make a final recommendation, which will go to the City Council for review and approval. If you have any questions or concems regarding this RFP, please contact: Kevin Hansen Public Works Director/City Engineer 637 38th Avenue NE Columbia Heights, MN 55421 Phone 763-706-3705 E-Mail: Kevin. Hansen~ci.columbia-heights.mn.us · *Please note that four (4) copies of your company's proposal must be submitted to the City of Columbia Heights. REQUEST FOR PROPOSALS (Short Form) COLUMBIA HEIGHTS, MINNESOTA CREATION OF A HUSET PARK MASTER PLAN II. INTRODUCTION The City of Columbia Heights is a northern, first ring suburb of Minneapolis. The City is fully developed in an area of approximately 4 square miles with a population of 19,000. The majority of the City contains single family homes, comprising approximately 5,135 parcels, or 64 percent of the total 7,975 parcels. Commercial development is concentrated along Central and University Avenues. Most of Columbia Heights is rolling to tfilly terrain with several small lakes and ponds. Fueled by development in the 1960's and 70's, the City became actively involved in the expansion of the Columbia Heigllts Park System by acquiring "leftover" parcels on land to be developed into City Parks. The City's largest park, Huset Park, is 28 acres in size and in need of complete redevelopmeut. The City of Columbia Heigl~ts is requesting proposals to provide professional services required for creation of a detailed Huset Park Master Plan. GENERAL REQUIREMENTS Interested firms should subnfit their proposal no later than 3:30 P.M. on June 28, 2002 to the Director of Public Works, 637 38th Ave. N.E., Columbia Heights, MN 55421. In submitting a proposal to provide the required services, the following is required in order to expedite the revie~v process by the representatives of the City. The length of the propos,'d should not exceed 3 pages, excluding figures, resumes of personnel, firin experience, qualifications, site plans, etc. The proposal should not contain non-applicable promotional materials and should address only the points requested in this document, including proposed time schedule to complete the work and associated fees. If requested elsewhere in this RFP, provide separate schedules and fees for separate sections of work. A schedule of the most current billing rates for individuals involved must be included with a total cost to complete the ~vork in the specified time frame. Four copies of die proposal should be addressed to the Director of Public Works/City Engineer, 637 38th Ave. N.E., Columbia Heiglits, Minnesota, 55421, to be received by 3:30 P.M. June 28, 2002. If die finn is proposing to use subcontracts, the subcontractor should be ideutified ,along with how the work will be divided. The City of Columbia Heigllts reserves the right to reject any proposal that does not comply with the requirements of tiffs R.F.P. RFP - HUSET PARK MASTER PLAN Page 2 III. SCOPE OF PRQ|ECT The City of Columbia Heights desires to create an overall Master Plan to be used for thc redevelopment of Huset Park. This plan will likely be used to focus a staged implementation and financing plan. The plan could possibly include picnic shelters, reconstructed ball fields, paved trails, age delineated play areas, and multiple use areas. A Comprehensive Park System Plan was completed in 1996 for the entireCity and is available from the Public Works office for review. The following items ~vill be required as part of tiffs project: A. Huset Park Master Plan Develop a report and site plan that details a process for the City Council to implement a master park plan for Huset Park. The project is to include the necessary site design, layout, detailed amenities, and complete cost estimate for each element of the redevelopment plan of this park. When the plan is completed the City of Columbia Heights should be able to break the development into construction phases and then prepare documents for the "specifications and bidding" process. The process for report development should generally cover ('out is not limited to) the following: 1) Background Information and data gathcring: (a) City Staff (Parks DcparUnent & Community Center Staff) (b) Park & Rec Commission (c) Public Information Mceting (Huset Neighborhood Group) 2) Review & Update 1996 Park Plan: Huset Park Only 3) Identify Property Needs and Define Acquisition Process 4) Develop preliminary site layout plan 5) Prepare Preliminary Cost Estimates 6) Review Preliminary Site Layout Plan: (a) City Staff (b) Park & Rec Commission (c) Public Information Meeting (Huset Neighbofl~ood Group) 7) Final Site Layout, Design and Plan 8) Concept Illustrations (multiple views) 9) Detailed Cost Estimates 10) Evaluation of Financing Options 11) Huset Park Redevelopment Plan 12) Council Review/Discussion at a Workshop B. General The City will proxide the consultant with copies of color aerial photos (9"x9"), existing GIS data or other information availablc at thc city. Consultants interested in submitting a proposal will be able to review these documents or data at the office of the City Engineer. The City's comprehensive plan h~ also been updated and is available in hardcopy or electronic format. In preparing a proposal, the consultant shall take into consideration that thc City is largely residential, with development occurring generally from 1940-1970. Major updates or improvcinents to Huset Park have not occurred in the last 30 years. RFP - HUSET PARK MASTER PLAN Page 3 C. Site Specifics The overall existing use of the park is not intended to change. A Master Plan concept is desired for detailed park planning, improve spatial planning and use flow, and City budgeting. It is the City's intent to focus initially on amenity uses such as playgrounds, picnic shelters and walking trails and ultilnately on ballfield reconstruction, including softball, soccer, and football. A public facility is also located on the northwestern quadrant of the park, 'known as Murzyn Hall. This building essentially serves as the Community Center with Recreation, Youth and Senior Citizen Progran~s run out of this facility, including preschool. The main hall is rented out throughout the year for a variety of activities including weddings and community events. Park Amenities/Uses that will serve or compliment the activities run out of Murzyn Hall must also be taken into consideration. Storm water runoff has been an issue in the general area surrounding Huset Park. The Master Plan should include 'areas' for the ponding of surface water runoff wittfin the park that will have minimum effects on the available play areas. It is not the City's requirement that detailed modeling and storage requirements be conducted under the Master Plan, only that areas be identified (and spatially fitted) that may accommodate the drainage area internal to the park. D. Options Tile ~:onsultant shall provide a separate cost estimate for the preparation of a grant application to the MNDNR under the 2003 Outdoor Recreation Grant Program for funding assistance. The grant shall exclude ballfields and water anmnities and be focused on the immediate needs detailed in the report such as new Playground Equipment, a Picnic Shelter, a walking trail and/or Senior Related activity areas such as Bocce Ball or Horseshoe areas. IV. PROPOSAL CONTENTS 1. Proiect Approach Should reflect the firm's understanding of the require~nents of the project and present a task-by- task description of the work to be accomplished. Merely restating the scope of services will uot be acceptable. 2. Schedule Should include a schedule depicting the task activities, their inter-relationships, and the projected completion dates. It should also contain a discussion of the firm's total staffing and its procedures for maintaining schedule compliance in tim event of unforeseen delays or other such circumstances. 3. Proiect Personnel Should outline the general responsibilities of the firms to be involved if more than one. Should also contain the nanms of personnel with key responsibilities for file work and a description of their role and duties for this job. It must also include an organizational chart for these people, delineating responsibilities and showing lines of authority and communication. It should also cont,xiu biographical resumes of these indMduals with emphasis on their background on comparable projects and sinfilar roles to those proposed for this project. RFP - HUSET PARK MASTER PLAN Page 4 o o Relevant Experience Should discuss demonstrated experience of firm and project team ~vith studies of similar scope and magnitude to the proposed study. Performance - Should demonstrate the ability of the firm to perform the project in a timely and cost-effective manner. Provide a total cost to complete the work as described in this RFP. References Should contain references that may be contacted for the similar studies discussed in the Experience and Performance Sections. Schedule of Rates and Charges Should contain a schedule of hourly billing rates for each category of professional, technical and clerical employee. Specifically, provide an hourly rate for each employee who may be involved in this project. Also, include rates of miscellaneous chargcs, such as copies, mileage, etc. Benefits to Columbia Heights All things considered, summarize ~vhy you believe thc City of Columbia Heights should retain your firm to perfom~ this project. EVALUATION CRITERIA AND SELECTION PROCEDURES Proposals will be evaluated on the following criteria: Dcmonstrated understanding of thc requirements of this project and the concerns of the City of Columbia Heights. Relevance and suitability of thc overall project approach and schedule. Detail, scope ,and program for the Park Redevelopment Report. Total estimated cost of the project and Rate schedule submitted. Qualifications and expertise of the key personnel to bc assigned and their proven ability to work together as a team on similar projects. Experience of the firm and project team in implementing ,'md creating a park master redevelopment plan. Record of past performance on similar projects. RFP - HUSET PARK MASTER PLAN Page 5 Comments and opinions provided by references. Resources of tile firm to conduct and complete tiffs project in a satisfactory manner. Factors to be considered include size of the firm, current wor 'kload, and ability and ,villingness to commit key personnel. Clarity, conciseness and organization of the proposal. VI. Limitations, Terms and Conditions This Request for Proposal does not commit the City of Columbia Heights to award a contract, pay costs incurred in the preparation of a proposal or to procure a contract for services or supplies. The City of Columbia Heights reserves the fight to accept or reject any or all proposals received as a result of this request, to negotiate ~vith any qualified source, or to cancel in part or entirety this Request for Proposal if it is in the best interest of the City of Columbia Heights to do so. If, for any reason, the firm selected is not able to commence services under its proposal within 30 days after its award, the City rcservcs thc right to award the contract to thc next most qualified finn. The City will retain mvnership of all reports, site plans or other subnfittals prepared under the proposal. Ttfis proposal will be the only submittal for tinn selection. Interviews arc not proposed as a selection criteria. The firm that the City believes to be file best qualified based on file criteria above will be invited to enter into a contract to perform this project. If you have any questions, please contact me at 763/706-3705. Yours truly, Kevin R. Hansen, PE Public Works Director/City Engineer KRH:spj 02-001 MELROSE NORTH PYROTECHNICS, INC. 9405 COUNTY RD. 8 CLEAR LAKE. MN 55319 T 320.743.6496 800.771.7976 F 320,743.6499 800.775.7976 May 10, 2002 City of Columbia Heights Recreation Department Arm: Mr. Keith Windschitl 530 Mill Street NE Columbia Heights, MN 55421-3878 Dear Keith, We hope 2002 has been good to you and your city! Enclosed is a copy of the program I have designed for you. 2800 shots. The display contains more than As specified per your letter dated April 25, 2002, the display will last at least 15 minutes. As always we will follow all State and Federal guidelines pertaining to the industry. We provide all necessary equipment and labor. As usual, the insurance certificate will list the City of Columbia Heights and a copy will be given to you. We are familiar with your site and have designed the display accordingly. Enclosed is a contract for your review. When we receive the signed contract in the office, your insurance certificate will be issued and the permit will be obtained. I have enclosed a copy of the contract for your records and a self addressed, stamped envelope for your convenience. Your letter to us states that you have had a fantastic show the past several years and would like to continue that tradition. Well, I am happy to say that I programmed those displays for you and will again be designing your program this year. Please visit our web site at www. meiroscpyro.com lfyou have any questions, feel free to call us at 800-771-7976. We look forward to hearing from you. Sincerely, MELROSE PYROTECHNICS, INC. Mark C. Hanson, Event Producer MH/bc enc City of Columbia Heights, Minnesota Type of Proposal: Electronically Fired Display Prepared For: City of COlumbia Heights, Minnesota June 28, 2002 Program Length: Type of Pyrotechnic Effects: 15 - 18 Minutes Low level through 3" Aerial Shells This Proposal Includes: Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Worker's Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Proposal Cost: $6,000.00 RIE$ Specialty Pyrotechnics Monday, May 13, 2002 Keith Windschitl Columbia Heights 530 Mill Street N.E. Columbia Heights, MN 55421 Dear Keith: Thank you for the opportunity to submit our Fireworks proposal to the City of Columbia Heights. The display will occur on Friday, June 28, at Huset Park in Columbia Heights. Your Fireworks production will choreographed, and last 16 to 20 minutes. We comply ~vith all State and Federal guidelines. Ben Erickson advised me that he would be the lead operator. Our proposal indicates shell effect, size, and quanity of shells. The shells listed in our proposal will be used to design: Opening Barrage, Main Show Body, Patriotic Tribute, and Grand Finale. Our proposal lists actual shells and effects used in the choreography. Our customer service and communication principles are based on a personal relationship. We listen to your needs and expectations. We then implement them into your program, creating a unique one of a kind show. Our displays are turnkey operations and coordinated with your event. The entire show is electronically fired for added safety. Our proposal includes all materials, equipment, State certified display operators, obtaining all necessary permits, and $6,000,000.00 liability insurance. The total cost will be $6,000.00. I have included a contract, prepared for your approval. If you have any further questions, please feel free to call me. I am also available to speak at one of your meetings, in order to answer any questions you may have. Sincerely, Ervin J. Haman Director Business Development 21595 286th Street- Belle Plaine, MN 56011 · Phone: 952.873.3113 · Fax: 952.873.2859 Rl=$ Specialty Pyrotechnics DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 13th _day of May, 2002 between RES Specialty Pyrotechnics, Inc. hearafter referred to as the SELLER and The City of Columbia Heights and Columbia Heights Recreation Department hearafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Date(s) Time Duration Location Event Sponsor OBLIGATIONS OF SELLER: Outdoor Fireworks Diaplay June 28, 2002 10:00 p.m. approx 16 to 20 minutes Huset Park Columbia Heights Recreation Department Seller shall provide all materials, equipment and personnel necessary to perform the above- mentioned display. Seller is required and will comply with NFPA 1123, Code for the Outdoor Display of Fireworks, 2000 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2001 edition. Seller shall provide show liability insurance in the amount of $6,000,000.00 to cover the fireworks display and cleanup. Seller shall include the buyer, as co-insured on certificate of insurance. OBLIGATIONS OF BUYER Buyer shall provide a suitable location for the firing of the fireworks display. Buyer shall provide and cover all costs for security, safety and cleanup at the display site. Buyer shall provide and cover costs for all necessary permits and fire watch required for the display. TERMS AND CONDITIONS The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. This agreement shall run no longer than one (1) calendar year. However, if before the date of the scheduled performance, the Buyer has not performed fully it's obligations under the terms of this agreement or that the financial credit of the Buyer has been impaired, the Seller may cancel this agreement at any time. 21595 286th Street- Belle Plaine, MN 56011 · Phone: 952.873,3113 · Fax: 952.873.2859 1 In the event the Buyer does not perform fully all of it's obligations herein, the Seller shall have the option to perform or not to perform or refuse to perform hereunder, and in either event the Buyer shall be liable to the Seller for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The Seller shall retain the right to stop or interrupt the display at any time if, in the opinion of the Seller, conditions have become unsafe. In event of rain, fireworks be rescheduled a mutually agreeable date. PAYMENT Contracted amount :$6,000.00inclusive of sales tax if applicable. Balance due and payable in full on 7130/02. Payments are considered delinquent after thirty (30) days. All payments shall be paid by Buyer to and in the name of RES Specialty Pyrotechnics, Inc. in the form of a company check, certified bank check, money order or cash. CANCELLATION In the event the Buyer cancels this agreement any time during the contract period, the Seller shall be entitled to and receive 25% of the contracted fee for the remainder of the contract period plus compensation for any pre and post production costs incurred. THIS AGREEMENT is the whole agreement of the parties' aboved named. No representation, inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified or amended except in writing by a duly authorized officer of each party. IN WITNESS WEREOF, the parties hereunto set their names on the day and year listed below CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS BUYER Signature Title SELLER · RES Specialty Pyrotechnics Inc. Signature ~,~ C,~ ~~ Title D,'t ~c/~r Date 2