Loading...
Resolution 2025-015 Resolution No. 2025-15 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING A CONTRACT WITH MAD BOMBER FIREWORKS PRODUCTIONS FOR THE PURCHASE OF FIREWORKS FOR A CITY-SPONSORED FIREWORKS DISPLAY 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 a fireworks show for the enjoyment of residents during calendar year 2025 on July 4, 2025; 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 four 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 a fireworks show the City will be hosting during the 2025 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 a fireworks display and related set up and production of said display. 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. Section 2. In consideration of the foregoing recitals, the Corporate Authorities hereby waive the competitive bidding requirement, pursuant to the City's Municipal Code, and authorize Resolution No. 2025-15 Page 1 and direct the City Administrator to proceed with the execution of an agreement with Mad Bomber Fireworks Productions, in an amount not to exceed $53,000, for the production of a fireworks show 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 281h day of January, A.D. 2025. Cl 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 Yorkville, Kendall County, Illinois fi� this 3� day of JOnUM , A.D. 2025. I r-L MAYOR Attest: C Y CLERK Resolution No. 2025-15 Page 2 Jan 21 202510:34pm 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, IL ANNUAL INDEPENDENCE DAY CELEBRATION COUNTRYSIDE PARKWAY YORKVILLE,ILLINOIS FRIDAY JULY 4th, 2025 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 $53 000.00 INCLUDES THE FOLLOWING- 25 - 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 2025 Year Choreographed Display Production. Jan 21 202510:34pm 3 MAD BOMBER FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this 16th day of January,2025 by and between Mad Bomber Fireworks Productions of Kingsbury, Indiana hereinafter to as Seller,and UNITED CITY OF YORKVILLE 651 Prairie Ponte Drive,Yorkville,IL 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$53,000.00 for said Displays.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%z%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,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 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$I0,000;o00.00 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:/Manual Fired Display Display price does not include local fire protection permit fees.RAIN DATE 2025. Both Seller and Buyer hereto do mutually and severally ts_uarantee terms,conditions.gn paymen of this rnnrr.�c± there aatiz-Ica t� Inding upon me parties, emselves,theireirs,exec rs,administrators,successors and assigns. MIA IN�MA7�0B���V. BUYER By By Sr• ice Presid (is duly a rized gent,who repre is that he/sh as full ittwrity to bind the Buyer) Date- --01/16125------- Z� Date;— �__�--