HomeMy WebLinkAboutResolution 2026-074Resolution No. 2026-74
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 FOR JULY 39 2027 AND JULY 4, 2028
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 1470 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 on
July 3, 2027 and July 4, 2028; 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, Mad Bomber has requested the City sign a two-year agreement to secure July
3, 2027 and July 4, 2028 dates for the City's fireworks shows; and
WHEREAS, the City, therefore, desires to enter into a new contract with Mad Bomber,
attached hereto as Exhibit A, for fireworks shows the City will be hosting during the 2027 and
2028 calendar years; and
WHEREAS, the combined cost of $225,000 for both fireworks shows will require an
amendment to the current fiscal year budget; 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
Resolution No. 2026-74
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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
and direct the City Administrator to proceed with the execution of an agreement with Mad Bomber
Fireworks Productions, in a combined amount not to exceed $225,000, for the production of
fireworks shows to be hosted by the City during the City's July 3, 2027 and July 4 2028
celebrations.
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
81h day of September, A.D. 2026.
bi
FT
CITY CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
RUSTY CORNEILS
AYE
RUSTY HYETT
AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this �� day of EWA , A.D. 2026.
MAYOR
Resolution No. 2026-74
Page 2
Attest:
C�-U,�.
CITY CLERK
Resolution No. 2026-74
Page 3
Joint Firework & Drone Show Production Agreement
Detail Sheet
Contract Effective Date: 8127/26
"MIAND"
Miand Inc
DIBIA Mad Bomber Fireworks
3999 E. Hupp Rd, Bldg R-3-1
LaPorte, IN 46350
"Event"
"Client"
United City of Yorkville
Name: Yorkville's 2027 and
2028 Independence Day
Celebration
Venue:
NA
Date/Time: July 3, 2027; July 4, 2028
Time Approx 9:15PM
Address:
Near 481 E Countryside Pkwy, Yorkville, IL 60560
"Services" (per show)
• See Exhibit A
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Price:
2027:
$110,000
(l /2 due upoil execution of this Agreement; remainder due 30 days prior to show date)
2028:
$115,500
(1/2 due January 15, 2028; remainder due 30 days prior to show date)
Additional Terms
Additional Insureds: As requested by Client
113 of each Event Price is allocated towards the drone services and the remainder towards
the fireworks.
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This Joint Firework & Drone Show Production Agreement (this "Agreement"),
including the Detail Sheet attached, is entered into effective as of the Contract Effective Date
(the "Effective Date") by and between MIAND and Client. Each a "Party" and both, the
"Parties."
Background
Whereas, the Parties desire for Client to engage MIAND under the legal relationship of
an independent contractor according to the terms and conditions of this Agreement, for the
provision of the services described herein at the Event.
Now, Therefore, in consideration of the mutual premises and covenants contained in
this Agreement, the receipt and sufficiency of which are hereby acknowledged by both
Parties hereto, the Parties agree as follows:
Terms
Services.
1.1. MIAND shall provide the Services to Client as, and at the times set forth in the Detail Sheet.
1.2. All Services shall be performed in a professional and workmanlike manner by properly
trained and licensed professionals. With the exception of Client's obligations under
Section 2.3 and Section 2.4, MIAND shall secure all necessary approvals, licenses and
waivers required for full performance under this Agreement. The costs of all fees, permits
and other governmental costs, except for those applied by the Federal Aviation
Administration, shall be borne by Client.
2. Client Responsibilities. In addition to any obligations set forth herein, Client shall:
2.1. Ensure the show area, including an additional safety perimeter at a distance determined by
MIAND is secure during the show performance;
2.2. Provide MIAND with full access to the show area a minimum of nine (9) hours prior to
the intended show start time;
2.3. Ensure that all proper permissions and licenses are obtained for all Client -suggested
designs and imagery included in the show;
2.4. Ensure that all permits, licenses and approvals necessary for use of the show location are
obtained.
3. Compensation; Payment.
3.1. Client shall pay to MIAND the Price at the times set forth in the Detail Sheet.
3.2. Payment is to be made to `Miand Inc".
4. Cancellation; Rescheduling.
4.1. Cancellation by Client
4.1.1. Client may cancel the Services, more than thirty (30) days prior to the Event's
scheduled date and only forfeit any prepaid amounts to MIAND.
4.1.2. Client may cancel the Services, less than thirty (30) days prior to the Event Date
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only upon full payment for the Services.
4.2. Cancellation by MIAND
4.2.1. MIAND shall only cancel the Services, in whole or part, to be rescheduled for a later
date, in the event of technical, weather, legal or safety concerns. Services halted during
the performance for safety concerns shall be deemed completed Services.
4.2.2. If either the drones or fireworks are cancelled by MIAND, but not both, the other
shall still be performed and all costs, fees, rescheduling processes and Prices
associated with each shall be treated as separate.
4.3. Rescheduling
4.3.1. In the event the Services need to be rescheduled for weather, legal or safety
concerns, a 20% rescheduling fee shall apply if MIAND has departed for the Event
location prior to cancellation of the original Event. Cancelled shows must be
rescheduled within six (6) months of the original Event Date. Redesign fees may apply
if the rescheduled show has a different theme or otherwise requires different content.
5. Insurance. MIAND will provide liability insurance coverage naming Additional Insureds as
additional insured $10,000,000 combined single limit.
6. Disclaimer; Limitation of Liability.
6.1. MIAND is the ultimate authority regarding whether a show will fly or not. MIAND will
only operate a show under safe conditions. Shows cannot be operated in precipitation or
winds in excess of 25 miles per hour. Occasionally, drone sensors detect abnormalities
and for safety reasons the flight controller may instruct affected drones to land or not
takeoff. It is possible that all drones may not participate in a show nor all fireworks be
fired. MIAND supplies spare drones in order to maximize the number of drones available
for flight.
6.2. Show operations require a strong and clear GPS signal, a clear radio communication
frequency (902-928MHz in North America), and no magnetic field anomalies. Without
them, the Services will be cancelled.
6.3. MIAND shall not be liable for loss or damage any kind whatsoever due to delay or failure
of performance caused directly or indirectly by an act of God. strike, lockouts and labor
disputes of any kind or description, fire, failure of transportation, inability to obtain the
services of others, the failure of others to deliver services or facilities, the failure of
machinery or equipment, any matter beyond MIAND's control.
6.4. To the fullest extent permitted by law, MIAND shall indemnify and hold harmless
Customer and its officers, officials, employees, volunteers and agents from and against all
claims, damages, losses and expenses, including but not limited to, legal fees (attorney's
and paralegal's fees and court costs), arising out of or resulting from the performance of
the Vendor's work, provided that any such claim, damage, loss or expense (i) is
attributable to bodily injury, sickness, disease or death, or injury to or destruction of
tangible property, other than the work itself, including the loss of use resulting there from
and (ii) is caused in whole or in part by any act or omission of MIAND, MIAND'
subcontractors, anyone directly or indirectly employed by MIAND or its subcontractors,
or anyone for whose acts any of them may be liable, except to the extent caused in part by
a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party of person described in this Paragraph. MIAND shall similarly protect,
indemnify and hold and save harmless Client, its officers, officials, employees, volunteers
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and agents against and from any and all claims, costs, causes, actions and expenses,
including but not limited to, legal fees, incurred by reason of MIAND' breach of any of
its obligations under, or MIAND' default of, any provision of the Agreement.
7. Publicity. Client grants to MIAND a revocable, paid -in -full, royalty free license to list Client
as a client of MIAND.Any publicly including Client or Client's logos shall be pre -approved by
Client. MIAND shall take no action that could reasonably be seen as negatively affecting the
reputation of Client.
8. Miscellaneous.
8.1. Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Indiana, without regard to the principles of conflicts of law thereof. In
the event of breach of this Agreement, the prevailing Party shall be entitled to
reimbursement of all of its costs and expenses, including reasonable attorneys' fees,
incurred in connection with such dispute, claim or litigation, including any appeal thereof
as determined in a final, non -appealable order by a court of competent jurisdiction. The
parties agree the federal and state courts situated in Indiana, shall have exclusive
jurisdiction over any action arising out of or related to this Agreement and any such action
shall be brought exclusively in said venue.
8.2. Inde endent Contractor Relationship. It is specifically agreed that the relationship of
the Parties shall be that of a client and an independent contractor, and not that of an
employer -employee. Therefore, the Parties specifically agree that Client shall have the
right of control only to the extent of determining the results to be accomplished by MIAND,
but not as to the details and means by which those results shall be accomplished. MIAND
shall be solely responsible for all work performed under this Agreement and all payments,
costs, benefits, expenses, debts, and liabilities associated with said work, including, but
not limited to, payment of any and all compensation, payments, and/or benefits due to its
employees, payment of any and all compensation or payments owed to third -parties and/or
vendors, payment for all licenses, fees, permits, and dues, and costs associated with its
employees or the work performed by MIAND, and payment of all applicable federal, state,
and local taxes, including, but not limited to, self-employment, unemployment
compensation, and payroll taxes.
8.3. No Assignment. Neither party shall assign any right or delegate any obligation hereunder
without the other party's written consent, and any purported assignment or delegation by
a party hereto without the other party's written consent shall be void. Notwithstanding
anything to the contrary contained in this Agreement, MIAND may, without the Client's
further consent, to assign, delegate, or otherwise transfer to CDLS any or all of MIAND's
rights, duties, obligations, and responsibilities under this Agreement relating to the
provision of drone light show services. Upon any such assignment, CDLS shall assume
and be responsible for the performance of the duties and obligations so assigned, and the
Client's sole and exclusive recourse with respect to any such assigned duties or obligations
shall be against CDLS. To the extent any duties, obligations, rights, or responsibilities are
assigned to CDLS, MIAND shall have no liability to the Client for CDLS's performance,
nonperformance, acts, or omissions with respect to such assigned duties or obligations.
MIAND shall remain responsible for all duties and obligations under this Agreement that
are not expressly assigned to CDLS, including the provision of fireworks services unless
otherwise agreed in writing by the parties. For the avoidance of doubt, CDLS may perform
the drone services directly or through its employees, contractors, subcontractors, or other
service providers, subject to the terms of this Agreement applicable to such services.
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8.4. interpretation. The Parties agree that this Agreement has been prepared as a result of their
mutual arms -length negotiation and the Agreement shall, not, in any respect, be interpreted
against either party as the purported drafter thereof. If any provision of this Agreement or
the application of any provision hereof to any person or circumstance is held invalid, the
remainder of this Agreement and the application of such provision to other persons or
circumstances shall not be affected unless the invalid provision substantially impairs the
benefits of the remaining portions of this Agreement.
8.5. Counterparts; Facsimile. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. A facsimile copy of an executed signature page shall be deemed
an original.
8.6. Entire Agreement. This Agreement contains the entire understanding between the parties
and other than as expressly set forth herein there are no other tenns, conditions,
representations, or warranties of any kind. This Agreement may not be modified except
by another agreement, in writing, signed by both parties to this agreement.
[REST OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE TO FOLLOW]
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IN WIT // S WHEREOF, the parties have executed this Agreement as of the date first
above written. /
Client f �]
By: J v
Name: Joh h VtA Y'(Zi
Title: Mo"40r
Date: JtpVRImbtY 10,2026
NUAND
By:
Name: Zack James
Title: Chief Pilot
Date:
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
giant
By:
Name:
Title:
Date:
I IUA V D,
By:
Name: Zac c Jam
Title: Chief Pilot
Date:
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Exhibit A: Services
Each drone & fireworks show shall consist of the following:
• 150 drones; 12-13 minute drone flight time
• No less that two (2) pyro-drone effects
• 15-20+ designs approved by Client; up to 6 custom designs chosen by Client
• 25-30 minute total combined show time
• Scripting of drones and fireworks to custom soundtrack (sound system to be provided
by Client)
• All fireworks electronically ignited
• Firework Shells:
• 3" shells: 155 shells
• 4" shells: 152 shells
• 5" shells: 139 shells
• Specialty shots: 50 shells
• 2" cakes: 378 shots
• 2-1/2" cakes: 576 shots
• Finale: 312 shells
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