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Home My WebLink AboutR-25-29VILLAGE OF DEERFIELD RESOLUTION NO. 2025- R-25-29 A RESOLUTION APPROVING AN AGREEMENT WITH MAD BOMBER FIREWORKS PRODUCTION OF ELGIN, ILLINOIS FOR FAMILY DAYS FIREWORKS SHOW WHEREAS, the Village of Deerfield ("Village's 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. {00124077.1) 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, Goldstone, Greenberg, Jacoby, Oppenheim NAYS: None ABSTAIN: None ABSENT: None PASSED: May 19, 2025 APPROVED: May 19, 2025 RESOLUTION NO: R-25-29 Daniel C. Shapiro, Mayor ATTEST: Kent .. Street, Village Clerk 100124077.1 } EXHIBIT A Agreement 100124077.11 AAA[) UcAturu FIREWORKSPRODUCTIONS 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE (219) 393-5051 Toll Free (877) MAD -BOMB FAX (219) 393-3177 VILLAGE OF DEERFIELD PROPOSAL JUNE 289 2025 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 $36,500.00 PROFESSIONAL PRESENTATION INCLUDED $10,000,000 LIABILITY INSURANCE INCLUDED POST DISPLAY CLEANUP INCLUDED EARNEST MONEY DEPOSIT $WAIVED BALANCE DUE AFTER PRESENTATION $36,500.00 Mad Bomber Fireworks will also supply the following: 1. We will secure all permits. Buyer will cover cost of permit. 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. RG}n(l4a Randy McCasland, Director of Operations FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this 24th day of APRIL, 2025 by and between Mad Bomber Fireworks Productions of LaPorte, Indiana hereinafter referred to as Seller, and: VILLAGE OF DEERFIELD Herein after referred to as Buyer, of Deerfield, State; Illinois Witness: Seller agrees to provide and Buyer agrees to purchase a Fireworks Display in accordance with the program agreed upon. Buyer will pay Seller a sum of S36.500.00, for said Displays. Upon acceptance of this agreement Buyer will 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 ''V2% per month will be assessed on accounts not paid within thirty days of display date. Buyer is responsible for all expenses incurred to recover unpaid debt. 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, 2025, 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 display date agreeable to both the Seller and Buyer. 2. The Fee for cancellation for any reason of the Fireworks Display is 40% of the agreement price if Buyer chooses to not select another display date within six months of the original display date. 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. 5. 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 Fireworks Productions retains the right to substitute product of equal or greater value in the event of product shortage or unavailability of any particular item on the proposal. 8. Seller and Buyer agree to included Attachments, if any. See Attachments: none 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. Mad Bomber Fireworks Productions BUYER l By _ By V)Ir 1c" (Its duly authorirod agent, who reprisdnts that)klshe has full authority to Bind the Buyer.) V Date Date S-- 1 Email:- 1ke 1a11 ( f'C1t',` .Los .S. Department of Justice ureau ofAicohol, Tobacco, Firearms and Explosives em-mith the'provisions of Toile )a; -Organized-Crint-GetA e actNit�spceifled in this license or permit within the !invitations of :piration date shown. f HIS Y.FCgNSc iS NE3 r T:i1►'ZSF� I irect ATF ATF - Chief, FBLC orrespondenec To 244 Needy Road Martinsburg, AVV 25405.9431 Federal Explosives License/Permit (18 U.S. C. Chapter 40) , t, 9 , 9=1.�t amp Lioense/Permit Number • Sea "WARNINGS" and "NOTICES" on revi hi ef Federal Explosives L'oeneing Conte (FELC) j£xpiratimi _ -ir'l. Date ame - PLANET PROD/MAD BOMB F/WKS/NIGHT MAG DISP/SKY MAJ Premises Address (Changes? Notify the FELC at least 10 days before the move) '- 3999 E HUPP RD MIDWEST WAREHOUSING BLDG R-3-1' ype of License or Permit Si -IMPORTER OF EXPLOSIVES Purchasing Certification Statement _ ho licensee or pennittee named above shalluse a copy ofthis license or permit to assist a ansferor of explosives to veri.''y the idanthy and the licensed status of the licensee or ' xn,ittec as providul by 'l7 CFR Part 355. 71te signature on each coot/ must bean original t re A faxed, scatuted or e-inailed copy ofthe license or permit -with a signantre tended to be an original signature is acceptable. The signature must be that of the Federal --plosives Licensee (FLL) or a responsiltle person of the FEL I certily that this is a true +py of a license or perms issued to the licent ce or permittee named above to engage is the :siness orations cpeci ad ab-e under `17j1)e ofLioatse or Permit." Juensce•P rt-nittee Responsible Person Signature Position/Title until the Mailing Address (Changes? Notify the FELC of any changes.) MIAND INC PLANET PROD/MAD BOMB F/WKS/NIGHT MAG DISP/SKY MAJ :3999 E HUPP RD MIDWEST WAREHOUSING BLDG R-3-1 ` LA PORTE, iN 46350- PrintOdNBn]G._-__, A1712m n 54noiV!Am tiPmtr _. nir,aaE�i:ix u.Chclete k"""I-Ai-.-IFr yr �t:+r[x�racw+ax u�si.n+u.s 31-&hp�tnma,••z+as uoti-uaau.mru Revised September2011 ILLINOIS Illinois Department of =T_=� Natural Resources Of.PAKr'�•FN'T p! NATURAL RESOURCES Office of Mines and Minerals Oper #: 2166 PLANET PRODUCTIONS 3999 E. HUPP ROAD BUILDING R-3-1 LA PORTE, IN 46350 HAS PAID THE REQUIRED FEE AND IS HEREBY ISSUED A STORAGE CERTIFICATE Not exceeding 10,000 pounds/count of explosives Under the "Illinois Explosives Act' Approv9_,d ,l .nuary 1, 2011 Effective Date: 3/1 /2025 Certificate No.: 8856 ires: Last day of February, 2026 urnice o i ry and Minerals CA viv C— m 3 w m D X c o . s CD cramp_ C C W moo,m co3'D3< 5-0cnty N K N cp S Zl O 3 (D B N a I UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION raHAZARDOUS MATERIALS CERTIFICATE OF REGIS'TRA"TION FOR REGISTRATION. YEAR(S)-202.2-2025 Registrant: MIAND INC DBA PLANET PRODUCTIONS ATTN: KELLEY HATFIELD 3999 HUPP ROAD, BUILDING R-3-1 , LA PORTE, IN 46350 This certifies that the registrant is registered with the U.S. Department of Transportation as required by 49 CFR Part 107, Subpart G. This certificate is issued under the authority of 49 U.S.C. 5108. It is unlawful to alter or falsify this document. Reg. No: 062122550173EG Effective: July 1, 2022 Expires: June 30, 2025 HM Company ID: 38154 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with PHMSA; and (2) This Certificate of Registration Each person subject to the registration requirement must furnish that person's Certificate of Registration (or a copy) and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U. S. Department of Transportation upon request. Each motor carrier (private or for -hire) and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the "U.S. DOT Hazmat Reg. No." in each truck and truck tractor or vessel (trailers and semi -trailers not included) used to transport hazardous materials subject to the registration *requirement. The Certificate of Registration or document bearing the registration number must be made available, upon request, to enforcement personnel. For information, contact the Hazardous Materials Registration Manager, PHH-52, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590, telephone (202) 366-4109. • 0 I U.S. Department of Transportation Federal Motor Carrier Safety 1200 New Jersey Ave., S.E. Administration e ANDREW JAMES PRESIDENT MIAND INC PLANET PRODUCTIONS 3999 HUPP ROAD BLDG R-3-1 LA PORTE, IN 46350 Dear ANDREW JAMES: k r Washington, DC 20590 June 21, 2023 In reply refer to: USDOT Number: 777176 HAZARDOUS MATERIALS SAFETY PERMIT HM Safety Permit ID: US-777176-IN-HMSP Effective Date: June 21, 2023 The Hazardous Materials Safety Permit (HMSP) is verification of the motor carrier's permission to engage in the transportation of hazardous materials listed in 49 CFR 385.403 by motor vehicle in interstate, intrastate, or foreign commerce. • This HMSP will be effective beginning June 21, 2023 and remain effective through June 30, 2025 if your company maintains compliance with the requirements pertaining to the safe and secure movement of hazardous materials for the protection of the public (49 CFR 385 and other applicable Federal Motor Carrier Safety Regulations and Hazardous Material Regulations). Failure to maintain compliance will constitute sufficient grounds for suspension or revocation of this authority. Willful and persistent noncompliance with applicable safety fitness regulations as evidenced by a Department of Transportation safety fitness rating less than "Satisfactory" or by other indicators, could result in a proceeding requiring the holder of this permit to show cause as to why this authority should not be suspended or revoked. For questions regarding this document you may contact the FMCSA Hazardous Materials Division by email at fmcsa.hmsp@dot.gov or by phone at (202) 385-2400 or by fax at (202) 366-3621, Sincerely, P.I.X —2�00%- Paul Bomgardner Chief, Hazardous Material Division s File Number 7153-650-5 To all to whom these Presents Shall Come, Greeting: I, Alexi Giannoulias, Secretary of State of the State of Illinois, do hereby certify that I am the keeper of the records of the Department of Business Services. I certify that MIAND, INC., INCORPORATED IN 1NDIANA AND LICENSED TO TRANSACT BUSINESS IN THIS STATE ON JANUARY 31, 2018, APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE, AND AS OF THIS DATE, IS A FOREIGN CORPORATION IN GOOD STANDING AND AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF ILLINOIS. In Testimony Whereo f, I hereto set my hand and cause to be affixed the Great Seal of the State of Illinois, this 4TH day of FEBRUARY A.D. 2025 . Authentication #: 2503500214 verifiable until 02/04/2026 Authenticate at: https://www.ilsos.gov SECRETARY OF STATE