R-23-24VILLAGE OF DEERFIELD
RESOLUTION NO. 2023- R-23-24
A RESOLUTION APPROVING AN AGREEMENT WITH MAD BOMBER
FIREWORKS PRODUCTION OF ELGIN, ILLINOIS FOR
FAMILY DAYS FIREWORKS SHOW
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village desires to enter into an agreement to provide services for the
Family Days Fireworks show ("Services'); and
WHEREAS, the Village received a proposal from Mad Bomber Fireworks Production,
of Elgin, Illinois ("Consultant's to provide the Services; and
WHEREAS, the Village and Consultant desire to enter into an agreement for the
provision of the Services by Consultant ("Agreement'); and
WHEREAS, the Mayor and Board of Trustees have determined that entering into the
Agreement with Consultant will serve and be in the best interest of the Village and its
residents;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF AGREEMENT. Pursuant to the Village's home rule
authority, the Agreement by and between the Village and Consultant is hereby approved in
substantially the form attached to this Resolution as Exhibit A, and in a final form and
substance acceptable to the Village Manager and the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The Mayor and
the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the
Village, the final Agreement upon receipt by the Village Clerk of at least one original copy of
the final Agreement executed by Consultant; provided, however, that if the executed copy of
the final Agreement is not received by the Village Clerk within 60 days after the effective
date of this Resolution, then this authority to execute and attest will, at the option of the
Mayor and Board of Trustees, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
{00124077.1)
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: May 15, 2023
APPROVED: May 15, 2023
RESOLUTION NO: R-23-24
Daniel C. Shapiro, Mayor
ATTEST:
n
-GL
Kent S. Street, Vi lage Clerk
100124077.11
EXHIBIT A
Agreement
{00124077.11
Apr 03 2023 9:40pm Planet Productions 847-464-1388 1
MAD BOMBER
FIREWORKS PRODUCTIONS
MR E. RUPP ROAD BUM R-3.1 IAPOATE, IN 46M
11N485 HUNTER TRAIL, ELGIN, IL 60124 Ph.(847) 464-1442 Fax 847 464-1388
PG. 1 of q
To: VILLAGE OF DEERFIELD Fax # 847 945-0214
ATTENTION: JUSTIN KKEENAN
Re; FIREWORKS DISPLAY - MIDND Y 07/03/23
- (Please Sign & Return Contact Agreement)
- Certificate of Insurance # 23 - Q® 2 5
- Largest shell size is " Diameter
- 280' Distance N.F.P.A. # 1123
WE HAVE A DEDICATED FAX LINE
PLEASE RE -SUBMIT YOUR FAX TO THIS # 847 464-1388
THANK YOU, DAN P. MILLER
E-Mail dan@madbomberfireworks.com
P.S. PLEASE CALL ME IF YOU HAVE ANY QUESTIONS AT ALL..
Apr 03 2023 9:40pm Planet Productions 847-464-1388
MAD BOMBER
FIREWORKS PRODUCTIONS
3999 E. HUPP ROAD BLDG. R-3-9 LAPORTE, IN 46360
11N485 HUNTER TRAIL' ELGIN, IL 60124 * (847) 464-1442 Fax (847) 464-1388
THIS SPECIALLY PREPARED PROPOSAL
IS FOR THE
I Lb:GE OF DEERFIELD
ANNUAL INDEPENDENCE DAY CELEBRATION
1045 HACKBERRY DEERFIELD, ILLINOIS
MONDAY JULY THIRD, 2023
Only the finest selection of assorted types of display fireworks have been
submitted in this proposal, with an EMPHASIS on Multiple Break and Special
Effect Display Barrages. Plus a complete line on oriental & imported pattem
products from China, Japan, and Taiwan. Also included are the latest brilliant
Colored Effects from the leading manufactures in the United States.
TOTAL PRICE $29.500.00
INCLUDES THE FOLLOWING:
20 - Minutes of Intense Presentation
Ten Million Dollars Liability Insurance.
Same Crew of Experienced, Licensed Pyrotechnic Operators to
Deliver, Set-up, and Execute the entire Display Production.
Clean-up of the firing area immediately following the display.
Crew of operators covered under Workman's Compensation.
D.O.T. Certified drivers with Five Million Dollars road liability.
Rain Dated during 2023 year.
Choreographed Display Production_
Apr 03 2023 9:40pm Planet Productions
847-464-1388 3
ACl3Rl�®
CERTIFICATE OF LIABILITY INSURANCE DATi�
23
THIS CERTIFICATE is ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to
the O Ens; and candLlions at the policy, certain policies may require an endorsement A statement on this certificate does not canter rights to the
coMficate holder In lieu of such en ialmement(s).
PRODUCER ,cjpy
Britton-Gallagher•and Associates, Inc, ptiDNE FAx
One Cleveland Center, Floor 30 r u 216-858-7100 Wlc. ffd7 6-658 T10t _
1375 East 9th Street ADDRESS: in 2&dItonga11a�cwn
Cleveland OH "114 1 INSURMISIAFPORDNG COVERAGE NAIC1
Insurance Co.
IN'SURW 2321
Mad Bomber Fir mrks
Planet Productions
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3999 E. Hupp Rd, Building R3-1
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;OVERAGES CERTIFICATE NUMBER: 533WI T - REVIBKW NUII®ER:
THIS ism CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERtDD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDTITON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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AddijUawl Insured extension of coverage is provided by above referenced General Liabffity policy where required by written agreement.
VILLAGE OF DEERFIELD IL
DEERFIELD FAMILY DAY , INC
DEERFIELD PARK DISTRICT
DEERFIELD—BANNOCKBURN FIRE PROTECTION DISTRICT
VILLAGE OF DEERFIELD
850 WAUKEGAN ROAD
DEERFIELD$ IL 60025
AUTHORIZED REPRIMSENT�A/IIVE
`N/ 1
01988-2010 ACORD CORPORATION. All rights deserved.
The ACORD name and [age are registered marks of ACORD
C/O' JUSTIN KEENAN
ACORD 25 (28101W
CANCELLATION —
SHOULDANY OFTNEA90VE DESCRB3ED POUCIES BB CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE PALL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Apr 03 2023 9:41 pm Planet Productions
847-464-1388
MAD BOMBER
FIREWORKS PRODUCTIONS
AGREEMENT
This contract entered into this 28th day of March, 2023 by and between Mad Bomber Fireworks Productions of Kingsbury,
Indiana hereinafter to as Seller, and VILLAGE OF DEERFIELD 850 WAUKEGAN ROAD DEERFIELD, IL 60015
Herein after referred to as Buyer, of VILLAGE OF DEERFIELD, ILLINOIS.
Witness: Seller agrees to provide and Buyer agrees to purchase certain Fireworks Display in accordance with the Program.
Buyer will pay Seller a sum of $29,500 for said Display. Upon acceptance of this agreement Buyer will not pay Seller a sum
of (waived) as an Earnest Money Deposit with the Balance due and payable within 30 days after the display date agreed upon. A late
charge of I V2% per month will be assessed on accounts not paid within thirty days of display date. Buyer agrees to pay any and
all collection costs, including reasonable attorney's fees and court cost incurred by Seller in the collection or attempted collection
of any amount due under this agreement and invoice.- --
Both Seller and Buyer mutually agree to the following terms, conditions, and stipulations:
Setter will present said Fireworks Display on the evening of the THIRD day of JULY 2023, it being understood that
should there be inclement weather the day of the display the Seller has sole discretion to cancel display. An
alternate display date will be given within silt months of the original date agreeable to both the Seller and Buyer.
2. For inclement weather or any other reason there will be a 15% Fee of the Agreement price when alternate date is
scheduled within six months of original display date_ If Buyer chooses not to reschedule an alternate date within six
months of original date, there will be a 50% Fee of Agreement price for cancellation of
display.
3. Buyer will provide a sufficient area for the Display, including a minimum spectator set bath of 280' feet at all points
from the discharge area. Buyer will provide protection of the display by roping -off or other suitable means. Buyer will
provide adequate police protection to prevent spectators from entering display area. Buyer agrees to search the fallout area
at first light following a night display.
4. Seller reserves the right to terminate the Display in the event that persons enter the secured Danger Zone and Security is
unable to secure the Danger Zone.
5. Se ller agrees to provide Qualified Technicians to take charge of and present said Display.
6. Seller agrees to provide Liability Insurance in the amount of $10,000,000.00 for the benefit of both the Buyer and Seller
All individual entities listed on the Certificate of Insurance will be deemed and additional insured per this contract.
7. Mad Bomber Firework Productions retains the right to substitute product of equal or greater value in the event of shortage.
or unavailability of any particular item on the proposal.
8. Seller and Buyer agree to include Attachments, if any. See Attachments Electronically Fired Display
Display price does not include local fire protection permit fees, RAIN DATE:_ - _ _ _ 7r41 Not Available 2023.
Both Seller and Buyer hereto do mutually and severally guarantee terms, conditions, and payments of this contraci, these
articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns.
MAD B Ml ER Fl -W RO 7 l�1NS BUYER
f � t
By :`• By
Sr. Vice President (is duly a onzed agent, who rcpresents that he/she has full authority to hind the Buyer)
Date_.------.-03l28.n3---------___.—. _. Due; ---