Resolution 2024-05 Resolution No. 2024-05
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,ILLINOIS,AUTHORIZING A
CONTRACT WITH MAD BOMBER FIREWORKS PRODUCTIONS FOR THE PURCHASE OF
FIREWORKS FOR TWO CITY-SPONSORED FIREWORKS DISPLAYS
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and
WHEREAS, the City's Municipal Code provides that the City may approve contracts for
supplies,materials and equipment that have not been competitively bid by a two-thirds affirmative
vote of the City Council; and
WHEREAS, the City plans to host two fireworks shows for the enjoyment of residents
during calendar year 2024, one on July 4, 2024 and another on November 23, 2024; and
WHEREAS, the City released a Fireworks RFP in 2021, to which only one business
responded, Mad Bomber Fireworks Productions ("Mad Bomber"); and
WHEREAS, the City has contracted with Mad Bomber for the supply of fireworks and
related set up and production for fireworks shows that the City has hosted for at least three years,
and the City and Bristol Kendall Fire Protection District maintain an outstanding relationship with
Mad Bomber; and
WHEREAS,the City,therefore, desires to enter into a new contract with Mad Bomber for
fireworks shows the City will be hosting during the 2024 calendar year; and
WHEREAS,the Mayor and City Council have determined that it is in the best interests of
the health, safety and welfare of the City and its residents to authorize and approve a contract
between the City and Mad Bomber for the purchase of fireworks displays and related set up and
production of said displays.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois:
Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings
of the Corporate Authorities.
Resolution No.2024-05
Page 1
Section 2. In consideration of the foregoing recitals, the Corporate Authorities hereby
waive the competitive bidding requirement and authorize and direct the City Administrator to
proceed with the execution of an agreement with Mad Bomber Fireworks Productions for the
production of two fireworks shows to be hosted by the City.
Section 3. This Resolution shall be in full force and effect upon its passage and approval
as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
13th day of February, A.D. 2024.
ftM1 (
C Y CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED''/ by me, as Mayor of the United City of Yorkv' le, endall County, Illinois
i this bl (day of e rJ rtct j , A.D. 2024.
MAYOR
Attest:
)(11A
IT CLERK
Resolution No. 2024-05
Page 2
■ . ■. .... ■..� v ■ ■ r.►�■ %
FIREWORKS PRODUCTIONS
3999 E.IIUPP ROAD BLDG.R-3-1 LAPORTE,IN 46350
11N485 HUNTER TRAIL, ELGIN, IL 60124 Ph.(847) 464-1442 Fax 847 464-1388
PG. 1 of 3
To: UNITED CITY OF YORKVILLE Fax #630 553-4360
PARK & RECREATION
ATTN: STEVE REDMON/TIM EVANS/ SHAY REMUS
Re; FIREWORKS DISPLAYS - 07/04/24 & 11/23/24
- (Please Sign & Return Contact Agreement)
- $48,000 07/04/24 and $9,500 11/23/24
- Largest shell size is 5" Diameter
- 350' 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...
Jan 12 2024 10:42pm 2
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
IS FOR THE
UNITED CITY OF YORKVILLE
ANNUAL INDEPENDENCE DAY and
HOLIDAY UNDER THE STARS CELEBRATIONS
@ COUNTRYSIDE PARKWAY, YORKVILLE ILLINOIS
THURSDAY JULY 4th.2024/SATURDAY NOV.23rd,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 $57,500.00
INCLUDES THE FOLLOWING:
Two-EXTREMELY INTENSIVE PRESENTATIONS
07/4/24$48,000 25-Minutes & 11/23/24$9,500 10-Minutes
Ten Million Dollars Liability Insurance.
Same Crews of Experienced, Licensed Pyrotechnic Operators to
Deliver, Set-up, and Execute the entire Display Productions.
Clean-up of the firing area immediately following the displays.
Crew of operators covered under Workman's Compensation.
D.O.T. Certified drivers with Five Million Dollars road liability.
Choreographed Display Productions.
Jan 12 2024 10:42pm 3
MAD BOMBER
FIREWORKS PRODUCTIONS
AGREEMENT
This contract entered into this 12th day of January,2024 by and between Mad Bomber Fireworks Productions of Kingsbury,
Indiana hereinafter to as Seller,and UNITED CITY OF YORKVILLE 651 Prairie Pointe Drive,Yorkville,Illinois Hereinafter
referred to as Buyer,of UNITED CITY OF YORKVILLE,ILLINOIS 60560
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$57,500.00 for said Displays.(07/04/24$48,000 and 11/23/24$9,500)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 Fourth 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 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 back of 350'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 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 Attachment:HOLIDAY UNDER THE STARS SHOW 11/23/24
Display price does not include local fire protection permit fees.RAIN DATE 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, inistrators,successors and assigns.
MIA. to C.MAD rBE FIRE S : ry?
UYER•
BY k. anti
Sr.Vice President (is duly nze agent,who rep res at he/she full authority to bind the Buyer)
Date-------0 an2/24-- ----- Date; �� _._