Fiscal Note
This resolution makes arrangements for the 2007 Elver Park Independence Day celebration. Under terms of an agreement, Mid-West will reimburse the City for the full cost of fire, parks, and traffic services. In addition, the City expects to incur $50,000 to $60,000 for various police costs, for which partial reimbursement of $35,000 will be paid by Mid-West. Remaining police costs of $15,000 to $25,000 will be absorbed by the City. The resolution also amends the Parks Division Operating Budget by the provision of $20,000 to pay for the fireworks display. This fireworks cost is to be fully reimbursed by Mid-West. No additional appropriation is required, nor is any impact upon cost controls anticipated.
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AMENDED - Authorizing the Mayor and City Clerk to execute a Use Agreement between the City and Mid-West Management, Inc. (Mid-West) for the July 4th Celebration at Elver Park; amending the 2007 City of Madison Parks Department Budget; and authorizing the Mayor and City Clerk to enter into an Agreement between the City and Bartolotta Fireworks Company, Inc. for the fireworks display at Elver Park.
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WHEREAS, since 1985, the City and sponsoring organizations have worked together to provide Madison area visitors and residents with an Independence Day celebration at Elver Park (the "Event"); and
WHEREAS, the prior sponsor of this Event has unexpectedly been forced to withdraw its support of this Event, and
WHEREAS, Mid-West Management, Inc., d/b/a Mid-West Family Broadcasting, has graciously stepped forward and offered to sponsor the Event for the year 2007; and
WHEREAS, attendance at the Event has increased and requires substantial City resources to ensure a safe and orderly celebration; and
WHEREAS, the Park Commission has determined that events in City Parks be self-supporting, and the City will require that Mid-West reimburse the City for the full costs of fire, parks and traffic services, City parks permits, fire permit fees, the full cost of the fireworks display, and for up to $35,000 of the cost of police services, and
WHEREAS, because of the costs to Mid-West for insurance for the fireworks display, Mid-West has requested that the City contract directly with the fireworks provider and that Mid-West reimburse the City for the costs of the fireworks display in the amount of $20,000; and
WHEREAS, Bartolotta Fireworks Company, Inc. (Bartolotta) is willing to provide the fireworks display for the Event on July 4. 2007, at Elver Park; and
WHEREAS, under such an arrangement the City's insurance will insure against liability for the fireworks display; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and Clerk are hereby authorized to execute a one (1) year Use Agreement between the City and Mid-West Management, Inc. for Independence day events, subject to the following terms and conditions:
1. Mid-West shall pay all required permit fees.
2. Mid-West shall reimburse the City, within thirty (30) days of receiving an invoice therefore, for the full costs of permit fees, fire, parks and traffic services, for costs related to police services up to $ 35,000, and $20,000 for the cost of the fireworks display.
3. Mid-West shall provide evidence of liability coverage for the Event with policy limits and coverage as determined by the City's Risk Manager.
4. The City shall manage and arrange all aspects of the Event relating to police and fire protection, enforcement of standards for fireworks display, EMS coverage, traffic control and enforcing park rules.
5. The City shall arrange for the fireworks display and shall contract with the fireworks vendor.
6. Mid-West shall manage the fireworks display with the City.
7. Mid-West shall manage small concessionaires.
BE IT FURTHER RESOLVED, that the Mayor and Clerk are hereby authorized to execute an Agreement between the City and Bartolotta Fireworks Company, Inc. for the fireworks display for the Event, subject to the following terms and conditions:
1. Bartolotta shall provide qualified pyrotechnicians who will deliver set-up, execute and take down the fireworks display. Bartolotta shall conduct an after display search of the grounds in an effort to locate and dispose of unexploded fireworks.
2. Bartolotta shall provide evidence of liability coverage, including workers compensation insurance for its employees, with policy amounts and coverage as determined by the City's Risk Manager.
3. The cost of the display to be provided by Bartolotta shall be $20,000, except that if the Event is cancelled, the cost to the City shall be $6,000 for labor and restocking charges.
4. The City and Bartolotta agree that the City shall manage and arrange all aspects of the Event relating to police and fire protection, enforcement of standards for fireworks display, EMS coverage, traffic control and enforcing park rules.
AND BE IT FURTHER RESOLVED THAT that the 2007 Parks Division Operating Budget is amended to include expenditures of $20,000 for fireworks, and $20,000 in offsetting contribution revenues.