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R-24-24VILLAGE OF DEERFIELD RESOLUTION NO. 2024- R-24-24 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, Mad Bomber Fireworks Production, of Elgin, Illinois ("Consultant') has provided the Village satisfactory Services in the past; and WHEREAS, the Village received a proposal from Mad Bomber Fireworks Production, of Elgin, Illinois ("Consultant') 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 waiving competitive bidding and 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: WAIVER OF COMPETITVE BIDDING. Pursuant to section 9-16 of the Village Code and the Village's home rule authority, the Village Board waives the requirement of competitive bidding for the procurement of Services. SECTION 3: 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 4: 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. {00124077.11 SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Berg, Jacoby, Metts-Childers NAYS: None ABSTAIN: None ABSENT: Oppenheim, Shapiro PASSED: March 4, 2024 APPROVED: March 6, 2024 RESOLUTION NO: R-24-24 Daniel f_ . Shapiro, Mayor ATTEST: Kent .. Street, Village Clerk {00124077.11 EXHIBIT A Agreement 100124077.11 Feb 27 2024 6:42pm 1 T��.• - . s 1 FIREWORKS PRODUCTIONS 3999 E. HUPP ROAD BWG. R-3-1 WORM, IN 4MO 11 N485 HUNTER TRAIL, ELGIN, IL 60124 Ph.(847) 464-1442 Fax 847 464-1388 PG.-1-of 3 To: VILLAGE OF DEERFIELD Fax #847 945-0214 ATTN: RYAN OATES Re; FIREWORKS DISPLAY — Wed. 07/03/24 - (Please Sign & Return Contact Agreement) - Certificate of Insurance to be processed upon return - Largest shell size is 4" 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@xnadbomberfireworks.com P.S. PLEASE CALL ME IF YOU HAVE ANY QUESTIONS AT ALL... Feb 27 2024 6:42pm MAD BOMBER FIREWORKS PRODUCTIONS 3999 E. HUPP ROAD BLDG. R-3-1 LAPORTE, IN 46350 11N485 HUNTER TRAIL * ELGIN, IL 60124 * (847) 464-1442 Fax (847) 464-1388 THIS SPECIALLY PREPARED PROPOSAL 15 FOR THE VILLAGE OF D ANNUAL INDEPENDENCE DAY CELEBRATION @ 1045 HACKBERRY DEERFIELD, ILLLINOIS WEDNESDAY DULY 3rd, 2024 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 pattern products from China, Japan, and Taiwan. Also included are the latest brilliant Colored Effects from the leading manufactures in the United States. TOTAL PRICE $35,000.00 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. Electronically Choreographed Display Production. Feb 27 2024 6:42pm MAD BOMBER FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this 26th day of February, 2024 by and between Mad Bomber Fireworks Productions of Kingsbury, Indiana hereinafter to as Seller, and VILLAGE OF DEERFIELD 850 WAUKEGAN ROAD DEERFIELD, IL 60035 Hereinafter referred to as Buyer, of VILLAGE OF DEERFIELD, TL. Witness: Seller agrees to provide and Buyer agrees to purchase certain Fireworks Displays in accordance with the Program. Buyer will pay Seller a sum of $35,000.00 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 1 %% 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: 1. Seller will present said Fireworks Display on the evening of the 3rd day of JULY 2024, 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 six 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 anginal 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 back 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. S. Seller 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 07104 Not Available 2024. Both Seller and Buyer 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. MIA C. MA 0 ER WORKS BUYER By— A - _ ?n ey Sr. Vice President (is duly wh agent, who T ents then she has full rdy to bind the Buyer) Date— 0=61n4 . 3- `e-2e-"Z4�_ MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD -BOMB FAX (219)393-3177 DEERFIELD, IL PROPOSAL JULY 3, 2024 MAD BOMBER FIREWORKS PRODUCTIONS IS PLEASED TO PRESENT FOR YOUR CONSIDERATION THIS EXCEPTIONAL PROPOSAL FOR A SPECTACULAR FIREWORKS SHOW TO BE PRESENTED FOR INDEPENDENCE DAY. FIREWORKS SHOW $35,000.00 PROFESSIONAL PRESENTATION INCLUDED $10,000,000 LIABILITY INSURANCE INCLUDED POST DISPLAY CLEANUP INCLUDED EARNEST MONEY DEPOSIT $WAIVED BALANCE DUE AFTER PRESENTATION $35,000.00 Mad Bomber Fireworks will also supply the following: 1. We will secure all permits. 2. CDL driver with a Hazmat endorsement. 3. Registered with the USDOT to haul hazmat. (mandatory by Federal Law) 4. Carry $5,000,000.00 auto insurance to haul hazmat. (mandatory by Federal Law) 5. Haul hazmat material in a properly placarded vehicle. Dan Miller Deerfield IL Opening 72 2.5" Assorted Color Chrysanthemums and Peonies 36 3" Variegated Chrysanthemums 6 4" Assorted Peonies Mad Bomber Fireworks Productions Deerfield IL Specialty Stacks Gold Strobes 12 3" 6 4" Flower Crowns 12 3" 6 4" Crackling Nishiki Kamuro 12 3" 6 4" Different size shells breaking at multiple heights creating a stacking effect. Mad Bomber Fireworks Productions Deerfield IL 18 3" SPECIALTY SHELLS 3" Color Wolfs 3" Silver Serpent w/Magenta 3" Whistling w/Color Stars 3" Red Sky Mines 3" Blue Sky Mines 3" White Sky Mines 3" Smile Face 12 4" SPECIALTY SHELLS 4"Cyan Sky Mine 4" Whistle Red Stars 4" Silver Flying Fish 4" Aqua w/Silver Turbulence 4" Farfalla w/Magenta Stars 4" Assorted Color Wolfs 4" Multi Color Flying Stars 4" Silver Serpents w/Mag Colors 3" Assorted Sky Mines 3" Peach Flying Stars 3" Banger Chartreuse 3" Blue Comets 3" Diamond Screamer w/Color Stars 3" White Strobe Waterfall 3" Orange Strobe 4" Whirlpool Green Xsette 4" Whirlpool Red Xsette 4" Green Sound Ring 4" Tourbillion w/Color Stars 4" Diamond Screamer w/Color Stars 4" Lemon Xsette w/Time Rain 4" Ti Serpent w/Red & Blue to Report 4" Ti Whistle Ring w/Lemon Mad Bomber Fireworks Productions Deerfield IL 30 3 INCH SHELLS Three Shot Volleys Silver Flying Fish Green Strobe Yellow Strobe RWB Ring w/Mine Red Strobe RWB w/Brocade Mine 24 4 INCH SHELLS Three Shot Volleys Poinsettas Half Red Half Silver Cyan w/Magenta Pistal Green to Orange Color Flying Stars Three shells shot simultaneously and spread across sky Red Failing Leaves Green Falling Leaves Yellow Falling Leaves Purple Falling Leaves Flower Crowns Red Strobes White Strobes Crackling Willows Flower Crowns Gold Strobes Mad Bomber Fireworks Productions Deerfield IL 3 INCH SHELLS 36 Pheonix Red Peony w/Red Tail Green & Purple Peony w/Tail Green & Blue Chrysanthemum w/Tail Glittering Big Willow Five Pieces Willow Red Stars w/1000Green w/Tail Yellow to Crackling Silver Crown to Red Silver Crown to Yellow 24 Yung Feng White Twinkling Chrysanthemum Variegated Cycas Bloom Green Chrysanthemum w/Crackling Golden Silk Chrysanthemum Red Cherry Blossom w/Tail Nishiki Kamuro Golden Gamboge to Blue Golden Gamboge to Green Silver Strobe Brocade Crown to Red Brocade Crown to Blue Ripples to Red Ripples to Blue Red Peony w/Strobe Pistil Color Flower Rain w/Silver Tail Crackling Nishiki Kamuro Golden Wave to Purple Chrysanthemum Glittering Silver to Red Chrysanthemum Reddish Gamboge to Silver Chrysanthemum Nishiki Kamuro Niagra Falls Silver Willow Mad Bomber Fireworks Productions Deerfield IL 3 INCH SHELLS * main body 144 Wizard Brand Silver Strobe USA Style Titanium Whistle Cannister Red to Crackling Chrysanthemum Blue Cycas w/ Gold Tail Crackling Spider to Yellow w/Silver Tail Silver to Green to Blue Peony w/Gold Tail Red to Blue Peony w/Coco Pistil w/ Sil. Tail Gold Silk w/Gold Tail Purple Chrys. w/Coco Pistil w/Sil Tail Green to Flash w/Coco Pistil Blue to Red Flash Brocade Crown w/Blue Pistil Red Cycas Blossom Purple Peony w/Gold Coco Pistil Firefly Waterfall w/Firefly Tail Silver Palm Tree w/Silver Tail Green Peony w/Coco Pistil Gittering Silver to Vareigated 12 Titanium Salute Glittering Sil to Red w/Blue Pistil w/Sil Tail Glittering Sil to Blue w/Red Pistil w/Sil Tail Bowtie w/Ring w/Sil Tail Green Peony w/Purple Pistil w/Sil Tail Red Chrys w/Blue Pistil w/Gold Tail Glittering Coconut w/Glittering Tail New Rainbow Color Dahlia Blue USA Style Cannister RWB Peony to Crack Chrys w/Gold Tail Glittering Silver to Blue Yellow Chrys w/Coco Pistil w/Sil Tail Magenta Peony w/Palm Core 1 /2 Red 1 /2 Blue Chrysanthemum Red White & Blue Peony Red to Crackling Silver Peony w/Green Pistil Gold Spangle w/Purple Pistil Silver Fish w/BlueRing Mad Bomber Fireworks Productions Deerfield IL 4 INCH SHELLS * main body 36 Guandu Red Peony w/Red Tail Red Chrysanthemum w/tail Blue Chrysanthemum w/Tail Glittering Big Willow Five Pieces Willow Red to Crackling Yellow to Crackling Silver Crown to Red Silver Crown to Yellow Yuan Yang 36 Green Peony w/Palm Core & Tail Red Peony w/Glitt Coco Core & Tail Purple Peony w/Green Pistil & Pur Tail Vareigated Chrysanthemum w/Blue Tail Spangle Chrysanthemum w/Red Tail Crack Flower Chrys w/Crack Tail 1 /2 Yellow 1 /2 Blue w/Blue Tail Color Wave w/Silver Tail Gold Wave Green Strobe Chrys Golden Gamboge to Blue Golden Gamboge to Green Silver Strobe Brocade Crown to Red Brocade Crown to Blue Ripples to Red Ripples to Blue Red Peony w/Strobe Pistil Red Peony wCrackling Pistil Glitt Silver to Green to Red Red and Spangle Chrysanthemum Silver Strobe w/Strobe Tail Brocade Crown to Crackling w/Crack Tail Yellow to Crackling w/Crack Tail Vareigated Color to Crack Flower Green Ring w/Green Tail Crackling Willow w/Gold Tail Crackling Palm Tree w/Crackling Tail Mad Bomber Fireworks Productions Deerfield IL 4 INCH SHELLS * main body 72 Wizard Brand Blue to Flash w/Coco Pistil Blue Cherry Blossom w/ Silver Tail Brocade Crown w/Silver Tail Blue Cycas w/ Gold Tail Crackling Spider to Yellow w/Silver Tail Silver to Green to Blue Peony w/Gold Tail Red to Blue Peony w/Coco Pistil w/ Sil. Tail Gold Silk w/Gold Tail Purple Chrys. w/Coco Pistil w/Sil Tail Green to Flash w/Coco Pistil Red Cherry Blossom Brocade Crown w/Blue Pistil Red Cycas Blossom Purple Peony w/Gold Coco Pistil Crackling Nishiki Kamuro Silver Palm Tree w/Silver Tail Green Peony w/Coco Pistil Gittering Silver to Vareigated Glittering Sil to Red w/Blue Pistil w/Sil Tail Glittering Sil to Blue w/Red Pistil w/Sil Tail Bowtie w/Ring w/Sil Tail Green Peony w/Purple Pistil w/Sil Tail Red Chrys w/Blue Pistil w/Gold Tail Glittering Coconut w/Glittering Tail New Rainbow Color Dahlia Blue USA Style Cannister RWB Peony to Crack Chrys w/Gold Tail Glittering Silver to Blue Yellow Chrys w/Coco Pistil w/Sil Tail Magenta Peony w/Palm Core 1 /2 Red 1 /2 Blue Chrysanthemum 3 Concentric Ring Red to Crackling Silver Peony w/Green Pistil Gold Spangle w/Purple Pistil Silver Fish w/BlueRing Mad Bomber Fireworks Productions Deerfield IL 4 INCH SHELLS * main body 36 Ansheng Chrys w/Three Section Time Rain w/Coco Pistil Red Strobe w/Blue Sky w/Rising Tail Silver Coconut w/ Glittering Sun Ring w/ Rising Tail Double Half Red to Red Yellow Cycas w/Rising Tail Red to Green Crossette Ring Silver Wave w/Special Green Strobe Thousand Red w/Time Rain 36 Dominator Color Diadem w/Gold Tail Gold Silk Chrysanthemum Golden Willow w/Flare Moons Color Palm Tree w/Crown Flowers Nishiki Kamuro w/Color Tips Crackling Nishiki Kamuros Blue Peony to Brocde w/Palm Core Flower Wave to Purple w/Rising Tail Glittering Silver to Blue to Green Green Cherry Blossom Red Peony w/Rising Tail Yellow Peony w/Green Pistil Green to Flickering Ring w/ Multi Color Flower Kaleidoscope w/Waterfall Eight Hearts w/Rising Purple Flowers Revolving Dragons w/Blooms Thousand Color Titanium Salutes Silver Crossette in Red & Blue Peony Nishiki Kamuro w/Niagra Falls Mad Bomber Fireworks Productions Deerfield IL Finale 288 2.5" Assorted Willows 240 3" Finale Shells Dominator Color Finale Dominator Specialty Finale Kanto Mag Color Finale Kanto Comet and Color Finale Kanto Premium Color Finale Vulcan Red White and Blue Finale Vulcan Twilight Glitter Finale Wizard Color Finale Wizard Specialty Finale Wizard Brocade Crown Finale Wizard Glittering Silver Finale Wizard Gold Cycs Finale Guandu Titanium Salutes 18 4" Finale Shells Vulcan Color Finale Vulcan Twilight Glitter Finale Wizard White Strobe Waterfall Finale Wizard Assorted Ring Finale Wizard Color Finale Kanto Color Finale Kanto Gold Brocade Finale Mad Bomber Fireworks Productions ON SITE SAFETY INSTRUCTIONS Rules must adhered to on each and every site. EMERGENCY CONTACT INFORMATION: MAIN OFFICE- 219-393-5051 CHEMTEL: 800-255-3924 CONTRACT#MIS0005800 All PERSONS on site MUST be at least 18 years or older. NO EXCEPTIONS. Once a show is delivered to a site.. it shall NEVER be left unattended. Site security should be properly maintained at all times. EMERGENCY ACTION PLAN: Upon arriving on the display site, the Operator is to devise an EAP- Emergency Action Plan for the display. Prior to setting up any equipment, the Operator is to communicate the plan to all other workers. Each display will have its own site -specific plan due to locale and geographic features. The EAP must include the following: Emergency escape routes away from the display fireworks A safe location away from the fireworks to account for all workers A plan to notify emergency personnel and whom will direct them to the site. Instruct all workers on the location of emergency response information and MSDS right to know information. This plan may be given verbally, and Operator shall confirm each worker understands. FIRE AND EXPLOSION HAZARD DATA Do not attempt to fight fire in vicinity of Special Fireworks - Evacuate Areas. Evacuate fire area immediately and seek shelter. Follow established emergency action plan. Fireworks may mass explode in a fire situation. NO SMOKING OR OPEN FLAME- smoking, open flame, smoking materials (ie. lighters, matches) are forbidden in the loading or un-loading and display areas. No smoking signs may be posted in a conspicuous area upon set up of site. A minimum of 25' in all directions, from the perimeter surrounding the site is to be maintained as non-smoking. LOADING AND UNLOADING: .Vehicle engine must not be running, and hand brake must be set. .No smoking, open flame or source of static discharge shall be allowed, ie. cell phones, pagers, lighters, etc. .Boxes must NEVER be thrown, slid or dropped. Be especially careful when boxes contain fireworks with igniters attached. . Never use bale hooks or other metal tools to load or unload boxes of explosives. SAFETY EQUIPMENT AND CLOTHING: Non -synthetic clothing must always be worn. This prevents the possibility of static build-up and discharge, as well as the possibility of material 'melting' on to the skin in the event of hot fall -out or fire. After set-up of site, pants must be worn, no shorts. Eye protection, ear protection and closed toe shoes are required. Hats or head coverings should be used to protect the head, but must not impede your vision, or 'contain' the force of a blast in the event of spontaneous explosion. ASSURE PROPER INSTALLATION AND SET UP OF SITE: All mortar boxes, racks and drums shall be properly installed on each show. Maintaining a safe Display Site is top priority. These reminders, along with your training, should assist you in performing a safe and spectacular show. If you have any questions, address the Operator right away.