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R-1250 - 03/26/2013 - FIREWORKS - ResolutionsRESOLUTION 2013- FIREWORKS -AG -R -1250 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND MELROSE PYROTECHNICS FOR THE 2013 INDEPENDENCE DAY FIREWORKS DISPLAY WHEREAS, the Village will be conducting its official 2013 fireworks display on July 3, 2013 ( "Fireworks Display'); and WHEREAS, the Village requested proposals from qualified vendors to provide the Fireworks Display; and WHEREAS, the Village received proposals from three qualified vendors, each of which proposed fireworks displays of differing content; and WHEREAS, Village Staff has determined that Melrose Pyrotechnics ( "Melrose") submitted the proposal that will provide the best overall value to the Village; and WHEREAS, Melrose has provided other fireworks displays to the Village in the past in a safe, efficient, and professional manner; and WHEREAS, the Village and Melrose desire to enter into and execute an agreement for Melrose to provide the Fireworks Display, which agreement is attached to this Resolution as Exhibit A ( "Agreement'); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement in a final form as approved by the Village Attorney; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Melrose in a form acceptable to the Village Manager and the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village in a final form acceptable to the Village Manager and the Village Attorney. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2013 - FIREWORKS -AG -R -1250 Approving Exec. Of Agmt. w/Melrose Pyrotechnics Page 2 of 3 APPROVED THIS 26th day of March, 2013 �- Gopal G. La a ani Village President PASSED THIS 26th day of March, 2013 Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf, Zannis Nays: None Absent: None ATTEST: O Charlotte K. Pruss Village Clerk EXHIBIT A AGREEMENT FIREWORKS DISPLAY AGREEMENT THIS AGREEMENT ( "Agreement") is entered into thi Qday of 013, and is by and between MELROSE PYROTECHNICS, INC., an Indd''mna_ corporation ( "Contractor'), and the VILLAGE OF OAK BROOK, an Illinois municipal corporation ( "Village "). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the Village's statutory and home rule powers, the Contractor and the Village hereby agree as follows: SECTION ONE: TIME AND PLACE OF DISPLAY. The Contractor shall provide a twenty three (23) minute continuous aerial fireworks display ( "Display") at that certain location within the Village's Sports Core designated by the Village ( "Site's. The Display shall begin at approximately 9:15 p.m. at the annual Fourth of July celebration hosted by the Village, scheduled for Wednesday, July 3, 2013 ( "Display Date "), and shall continue thereafter for no less than twenty three (23) minutes with no lags between firing of the individual fireworks devices ( "Time of Performance"). The Contractor shall be responsible for completion of all work within the Time of Performance, notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. SECTION TWO: CONTRACTOR OBLIGATIONS. The Contractor shall be obligated to perform the following: A. The Contractor shall furnish all labor, equipment, supplies, personnel and supervision necessary to provide the Display, as set forth on the proposal attached as Exhibit A to this Agreement ( "Proposal"); provided, however, that the Contractor may, at its discretion, substitute fireworks devices of equal or greater value and duration than those devices set forth on Proposal; B. The Contractor shall, at its sole cost and expense, ensure that all personnel involved in the set -up, operation, removal, and disposal of all fireworks devices involved in the Display be experienced pyrotechnic operators licensed to perform such work under the laws of the State of Illinois; C. The Contractor shall deliver, set up, and execute the Display at the Time of Performance; D. The Contractor shall, upon completion of the Display, cause all equipment associated with the Display to be removed from the Site, and shall remove and properly dispose of all unfired or unexploded material; and E. The Contractor shall conduct the Display in accordance with National Fire Protection Association standards and guidelines for safety. SECTION THREE: VILLAGE OBLIGATIONS. The Village shall be obligated to perform the following: A. The Village shall furnish an area adequate for the parking of automobiles by spectators of the Display; B. The Village shall, at its sole cost and expense, provide personnel for the purpose of establishing crowd control in the general area of the Site; C. The Village shall, at its sole cost and expense, provide a fire guard during the Contractor's clearing of debris from the Site immediately following the conclusion of the Display; D. The Village shall establish a sufficient area for the safe operation of the Display, including, without limitation, establishment of a spectator safety area ( "Spectator Safety Area'), which Spectator Safety Area shall include all points within 700 feet of the Site, and which shall be marked with rope or other suitable materials to prevent spectators from entering the Spectator Safety Area. The Village shall also provide adequate police protection to prevent spectators from entering the Spectator Safety Area; and E. The Village shall conduct a search of the fallout area the morning after the Display is conducted to remove all debris resulting from the Display. SECTION FOUR: INTOXICATED EMPLOYEES. The Contractor shall cause any of its employees who are intoxicated or under the influence of a controlled substance to be removed immediately from the Site, and shall prohibit any such employee from performing any work on the Display or at the Site. SECTION FIVE: TERMINATION RIGHTS. The Contractor shall have the right, but not the obligation, to terminate the Display in the event that unauthorized persons enter the Spectator Safety Area and the Village is unable or unwilling to satisfy its obligations pursuant to Section 3 of this Agreement. SECTION SIX: PAYMENT. The Village shall pay the Contractor the sum of $23,000.00 ( "Fee ") for the Display within 30 days after the date of performance of the Display. The Fee includes all applicable federal, state, and Village taxes of every kind and nature applicable to the Display. Contractor may charge the Village a service fee equal to 1.5% of the Fee per month if the Village fails to pay the Fee within 30 days after the Display is conducted by the Contractor. SECTION SEVEN: CANCELLATION: RESCHEDULING OF DISPLAY. A. Cancellation by Contractor. The Contractor shall have, in its sole and absolute discretion, the right to make a determination that the Display should be canceled due to inclement or unsafe weather conditions. In the event the Display is cancelled by the Contractor due to inclement or unsafe weather conditions, the Display shall be on July 4, 2013 at 9:15 p.m. ( "Rain Date'. If inclement or unsafe weather conditions prevent the Contractor from performing the Display on either the Display Date or the Rain Date, the Parties shall confer and agree to a mutually convenient alternate date ( "Alternate Display Date"), no later than 'six months after the original Display Date set forth herein to conduct the Display. Upon 2 SECTION THREE: VILLAGE OBLIGATIONS. The Village shall be obligated to perform the following: A. The Village shall furnish an area adequate for the parking of automobiles by spectators of the Display; B. The Village shall, at its sole cost and expense, provide personnel for the purpose of establishing crowd control in the general area of the Site; C. The Village shall, at its sole cost and expense, provide a fire guard during the Contractor's clearing of debris from the Site immediately following the conclusion of the Display; D. The Village shall establish a sufficient area for the safe operation of the Display, including, without limitation, establishment of a spectator safety area ( "Spectator Safety Area', which Spectator Safety Area shall include all points within 700 feet of the Site, and which shall be marked with rope or other suitable materials to prevent spectators from entering the Spectator Safety Area. The Village shall also provide adequate police protection to prevent spectators from entering the Spectator Safety Area; and E. The Village shall conduct a search of the fallout area the morning after the Display is conducted to remove all debris resulting from the Display. SECTION FOUR: INTOXICATED EMPLOYEES. The Contractor shall cause any of its employees who are intoxicated or under the influence of a controlled substance to be removed immediately from the Site, and shall prohibit any such employee from performing any work on the Display or at the Site. SECTION FIVE: TERMINATION RIGHTS. The Contractor shall have the right, but not the obligation, to terminate the Display in the event that unauthorized persons enter the Spectator Safety Area and the Village is unable or unwilling to satisfy its obligations pursuant to Section 3 of this Agreement. SECTION SIX: PAYMENT. The Village shall pay the Contractor the sum of $23,000.00 ( "Fee ") for the Display within 30 days after the date of performance of the Display. The Fee includes all applicable federal, state, and Village taxes of every kind and nature applicable to the Display. Contractor may charge the Village a service fee equal to 1.5 % of the Fee per month if the Village fails to pay the Fee within 30 days after the Display is conducted by the Contractor. SECTION SEVEN: CANCELLATION: RESCHEDULING OF DISPLAY. A. Cancellation by Contractor. The Contractor shall have, in its sole and absolute discretion, the right to make a determination that the Display should be canceled due to inclement or unsafe weather conditions. In the event the Display is cancelled by the Contractor due to inclement or unsafe weather conditions, the Display shall be on July 4, 2013 at 9:15 p.m. ("Rain Date"). If inclement or unsafe weather conditions prevent the Contractor from performing the Display on either the Display Date or the Rain Date, the Parties shall confer and agree to a mutually convenient alternate date ( "Altemate Display Date "), no later than 'six months after the original Display Date set forth herein to conduct the Display. Upon rescheduling to an Alternate Display Date, the Village shall pay to the Contractor an amount equal to 15% of the Fee. This amount shall be in addition to the Fee. In the event the Village does not choose to reschedule another date or cannot agree to a mutually convenient date, Village shall pay to Contractor an amount equal to 40% of the Fee as full payment and settlement for the Contractor's costs, damages and expenses. B. Cancellation by Village. In the event the Display is cancelled by the Village prior to the Display Date, the Village shall pay to the Contractor an amount equal to Contractor's actual expenses incurred in preparation for the Display, including, but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. Contractor will provide documentation of such expenses to the Village upon demand for payment. Payment of the Contractor's expenses pursuant to this Section 7.B shall be the Contractor's sole remedy for cancellation of the Display by the Village prior to the Display Date. SECTION EIGHT: INSURANCE. The Contractor, at its sole cost and expense, shall provide liability insurance in the amount of $5,000,000, which insurance shall include, without limitation, protection for the benefit of spectators from the time the Contractor arrives at the Site until the residuals from the Display are removed therefrom. The limit of liability shall be $2,000,000 for bodily injury and $2,000,000 for property damage. The Contractor shall cause the Village to be named as an additional insured on the insurance policy required by this Section. At least one week prior to the Display, the Contractor shall provide the Village with either (a) a copy of the entire insurance policy, or (b) a Certificate of Insurance along with a letter from the broker issuing the insurance policy to the effect that the Certificate accurately reflects the contents of the insurance policy. SECTION NINE: INDEMNITY. The Contractor shall, and does hereby agree to, hold harmless and indemnify the Village and all Village elected or appointed officials, officers, employees, agents, representatives, engineers, and attorneys, from any and all claims that may be asserted at any time against any of such parties in connection with the Display; provided, however, the foregoing indemnity shall not apply to willful misconduct or gross negligence on the part of the Village. SECTION TEN: PERMITS; FEES. The Contractor shall, at its sole cost and expense, obtain all permits, give all necessary notices, pay all license fees, and comply with all applicable local, state, and federal rules, regulations, and ordinances. SECTION ELEVEN: VEHICLES. All vehicles utilized by the Contractor shall be properly identified and licensed as required by the laws of the State of Illinois. SECTION TWELVE: TAXES. The Contractor assumes complete and sole liability for the payment of all applicable federal, state, and local taxes. SECTION THIRTEEN: BIDDING. The Contractor certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E -3 or Section 33E-4 of the Illinois Criminal Code. SECTION FOURTEEN: SEXUAL HARRASMENT. The Contractor certifies hereby that it has a written sexual harassment policy in place in full compliance with 775 ILCS 512 - 105(A)(4). SECTION FIFTEEN: OPTION TO RENEW. The Village shall have two options to renew this Agreement by delivering written notice to Contractor for Contractor to provide a Display to the Village in 2014 and 2015 on the dates set forth below: If the Village exercises either if its options to renew this Agreement, all of the terms of this Agreement shall apply, including, without limitation, the Fee provision contained in Section 6 herein. The Village shall have no obligation to exercise either of its options to renew this Agreement. SECTION SIXTEEN: GENERAL PROVISIONS. A. Relationship of the Parties. The Contractor shall act as an independent contractor in providing and performing the Display. Nothing in, nor done pursuant to, this Agreement shall be construed (i) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the Village and Contractor; or (ii) to create any relationship between the Village and any subcontractor of the Contractor. B. Amendment. No amendment or modification to this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, and executed. C. Assignment. This Agreement may not be assigned by the Village or by the Contractor without the prior written consent of the other party. D. Binding Effect The terms of this Agreement shall bind and inure to the benefit of the Parties hereto and their agents, successors, and assigns. E. Notice. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, or (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Subsection, each Party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the Village shall be addressed to, and delivered at, the following address: Display Date Rain Date 2014 Jul 3, 2014 Jul 4, 2014 2015 Jul 3, 2015 July 4, 2015 If the Village exercises either if its options to renew this Agreement, all of the terms of this Agreement shall apply, including, without limitation, the Fee provision contained in Section 6 herein. The Village shall have no obligation to exercise either of its options to renew this Agreement. SECTION SIXTEEN: GENERAL PROVISIONS. A. Relationship of the Parties. The Contractor shall act as an independent contractor in providing and performing the Display. Nothing in, nor done pursuant to, this Agreement shall be construed (i) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the Village and Contractor; or (ii) to create any relationship between the Village and any subcontractor of the Contractor. B. Amendment. No amendment or modification to this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, and executed. C. Assignment. This Agreement may not be assigned by the Village or by the Contractor without the prior written consent of the other party. D. Binding Effect The terms of this Agreement shall bind and inure to the benefit of the Parties hereto and their agents, successors, and assigns. E. Notice. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, or (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Subsection, each Party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the Village shall be addressed to, and delivered at, the following address: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Attention: David Niemeyer, Village Manager With a copy to: Holland & Knight LLP 131 South Dearborn, 30th Floor Chicago, Illinois 60603 Attention: Peter M. Friedman, Village Attorney Notices and communications to the Contractor shall be addressed to, and delivered at, the following address: Melrose Pyrotechnics, Inc. 1 Kingsbury Industrial Park, P.O. Box 302 Kingsbury, Indiana 46345 Attention; Robert Kerns, Director of Operations Email: F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. G. Time. Time is of the essence in the performance of this Agreement. H. Governing Law; Venue. This Agreement and any dispute arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without reference to its conflict of law rules. All judicial actions relating to any interpretation, enforcement, dispute resolution or any other aspect of this Agreement shall be brought in the Circuit Court of the State of Illinois, DuPage County, Illinois. Any matter brought pursuant to the jurisdiction of the federal courts shall be brought in the United States District Court of the Northern District of Illinois. I. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all previous or contemporaneous oral or written agreements and negotiations between the Village and the Contractor with respect to the services contemplated in this Agreement. J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any other provision of this Agreement (whether or not similar) nor shall any such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided in this Agreement. K. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. L. Exhibits. Exhibit A attached to this Agreement is, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the text of this Agreement shall control. M. Conflicts of Interest. Contractor represents and certifies that, to the best of its knowledge: (1) no elected or appointed Village official, employee or agent has a personal financial interest in the business of Contractor or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither Contractor nor any person employed or associated with Contractor has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither Contractor nor any person employed by or associated with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the date and year first above written. M. ATTE T: Charlotte K, Pruss, Village Clerk ATTEST: VILLAGE OF OAK BROOK, an Illinois municipal corporation Gopal G- tSfmalani, Village President INC., an Indiana EXHIBIT A Proposal P Y R 0 T E C H N I C S. February 21, 2013 Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 RE: Independence Day Fireworks Display Dear Rania, Enclosed please find our companies proposal for this year's display. Pursuant to your RFP, we have addressed all required elements in the enclosed proposal. In regards to your statement on page 3 that all pyrotechnics materials should be top grade and have been factory tested by the manufacturer to assure their individual quality, performance, and safety. Melrose Pyrotechnic, Inc. is a member of the A.F.S.L (American Fireworks Standards Laboratory) the owner of Melrose Pyrotechnics, Inc., Michael Cartolano, sits on the board of this organization as well as the A.P.A (American Pyrotechnics Association.) To be a member of this organization requires that all products Melrose imports must be tested and certified by the manufacturer and independently tested and certified in China under the A.F.S.L Certification program. (Please see enclosed certifications.) I have enclosed a CD with the music we propose for this show. This CD also contains the requested walk out music of the William Tell Overture. If the board has any questions, we would be happy to come to a meeting and explain our proposal in detail. We look forward to the possibility of working with the Village of Oak Brook again this year. Res tfixlly, B erns, Director of Operations bobgmelrosenvro.com .Melrose Pyrotechnics 1 Kingsbury Industrial Park P.O. Box 302 Kingsbury, IN 46345 T219-393-5522 800- 771 -7976 F219-393-5710 800 -775 -7976 melrosepyro.com � �- �I_Melrose P V R O T E C H N I C 5° Statement of Qualifications Melrose has been in the fireworks business for over 50 years. The company has been under the direction and control of Mike Cartolano since his father's death in 1981. At the time of his father's death, the company displayed fireworks primarily for religious events and for the Chicago White Sox. Today, Melrose employs 27 full -time employees and provides firework displays to more than 400 customers over the 4a' of July holiday alone. We fully understand the scope of services described in the RFP. We agree to provide the work as described in the RFP in accordance with the terms and conditions of any contract awarded pursuant to the RFP process. Having worked at this exact venue from 1991 to 2009, we are familiar with the type of products that work well at this location. The financial stability of Melrose is evident by the stature of our work in providing over 1,200 shows every year. Melrose imports in excess of 30,000 cases of fireworks each year making us one of the largest display companies in the country. We have the professional references of some of the countries largest event producers and professional sports teams. Melrose has competed in and received the following awards; Prestigious Global Awards 2ad Place, Jinshan International Beach Fireworks Festival, Shanghai China (2012) 2 °d Place, Hanabi World Cup, Nagasaki, Japan (2011) 1' Place, Hanabi World Cup, Nagasaki, Japan (2010) 3'a Place, L'International des Feux Loto- Quebec, Montreal, Canada (2009) 1 s` Place, Shanghai International Music Fireworks Festival, Shanghai, China (2007) 15t Place, L'Intemational des Feux Loto- Quebec, Montreal, Canada (2006) The quality and depth of experience in our shows is unmatched and is evident in everything we do. Melrose, its designers and event producers, possess years of experience in pyrotechnics and technological advancements within the industry. We stock one of the most diverse inventories in the country, utilize the most advanced firing systems, employ only professional crews and have great experience in producing multi- media shows. The resumes of the key people involved in this project are included with this proposal. B. Proposal In compliance with this Request for Proposals, and subject to all conditions thereof, the undersigned offers and agrees, if this proposal is accepted, to furnish the services as outlined herein for the Village of Oak .Brook at the amount indicated, subject to modification through negotiations. The time and material, not to exceed, cost proposed shall include all anticipated expenses. Perform the 2013 Independence Day Fireworks Display Not -to- Exceed Cost of $ 23,000.00 Please.provide a.detailed list (size, amount, cost) of mortars and shells, etc. that will be used for the display Firm Name:Melrose Pyrotechnics, Inc. Address: .P.O x 302 City, Sta ;ZIP:. M ngsbury, Indiana 46345 Signature: Name Printed: Robert Kerns Title: Director of Operations Telephone: (219)393-5,522 Date: 02/21/2013 If a. Corporation: ATTEST: C. References Your Company Name: The Contractor shall list :five (5) current references with needs similar to the Village of Oak Brook for whom Contractor has provided comparable services. Please include company name, address,.telephone number, year(s) employed by referenced firms, contact person, and type of work you performed for that entity: 1. Company Name>Municipality: Navy Fier Address: 600 East Grand Avenue Chicago, Illinois 60616 Phone: (312 .)595 -5184 Contact Person: Jennifer Kramer " Type of Work and Date Performed: Twice weekly Pyro - musical Programs throughout the entire summer and fall. 2. Company Name /Municipality: Skokie Park District Address: 9300 Weber Park Place Skokie, Illinois 60077 Phone: ( 847 ) 933 -4355 Contact Person: Michelle Tuft 9 Type of Work and Date Performed: Pyro - musical Fireworks Display on July 4th 3. Company Name /Municipality: Hamilton Partners .Address: 300 Park Boulevard, Suite 500 Itasca, Illinois 60143 Phone: f 630 f 250- 9700. . Contact Person: Rick Staback Type of Work and Date Performed: Pyro- musical Fireworks Display on July 4th 4. Company Name %Municipality:. Rockford 4th of July Committee Address: P.O,. Box 1027 Rockford, Illinois 61105- Phone: ( 815 ) 494 -2569 Contact Person: Joe Marino Type of Work and Date Performed: Pyro- musical Fireworks Display on July 4th 5. Company Name /Municipality: Streator 4th of July Committee Address: John and Joe Florists 1105 West Main Street Streator, Illinois 61364 10 11 D. Sexual Harassment Policy MeiMSle Pyrotechnics, Inc. hereinafter referred to as "Contractor" having submitted a bid/proposal fdrndependence Day Fireworks DisplaIt the Village of. Oak Brook, DuPage /Cook Counties; Illinois; hereby certifies that said Contractor has a written sexual harassment policy in piece in full compliance with 775 ILCS 5/2- 105(A)(4) including the following information; 1 j.. An acknowledgment of the illegality of sexual harassment. 2) The definition of sexual harassment under State law. 3) A description of sexual harassment, utilizing examples. 4) The contractor's intemd complainiprocess including.penalties. 5) .The. legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6) Directions on how to contact the Department or the Commission: 7) An acknowledgment of protection of a complaint against retaliation as provided in Section 6 -101 of the,Human Rights Act: Each contractor must provide a copy of such writte licy t the. Illinois Department.of Human Rights upon request: 13y: Aut orized A66MT761 Contractor Subscribed and swo n to befo a me this day of , q j&j an . 20�3-. lAlo�ur.�a �'12� Notary Public 14 M E. Contractors Certification The undersigned, being first duly sworn an oath, :deposes. and states. that he has the authority to make this certification on behalf of the contractor for the construction, product, commodity, or service briefly described as follows: "Independence Day fireworks Display" 1) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the contractor is not barred from bidding on this contract as a result of a conviction for the violation of State of Illinois laws, prohibiting bid- rigging. or bid- rotating. 2). The undersigned states under oath that, pursuant to Chapter &5, Section. 5/11-42.1 -1 of the Illinois Compiled :Statutes, 1993, the contractor is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. 3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2 -105. of the Illinois Compiled Statutes, 1993, the contractor has a written sexual harassment policy in place including the following information: a) An acknowledgment of the illegality of sexual harassment. b) The definition of sexual harassment under State law. 0 A description of sexual harassment, utilizing examples. d) The Consultant's internal complaint process including penalties. e) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 0 Directions on how to contact the Department or the Commission. This business firm is:. (Check one) x Corporation Partnership Individual .Firm Name: Melrose Pyrotechnics, Inc. Name printed: Hobert Kerns Title. Director of Operations Telephone: (219)393 -5522 Date: 02/21/2013 12 13 prop old SO MME 14A9 ' Your Melrose Contact Bob Kerns Event Name Village of Oak Brook Event Date July 3, 2013 Client Contact Person Rania Serences Type of Show Pyromusical Fireworks Display - Computer Choreographed Length of Show 23 Minutes Type of Pyrotechnic Effects All Aerial Shells up to 10" Proposal Includes Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Workers Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Digital Soundtrack Production Computer- Designed Choreography Proposal Cost $23,000.00 1 "Melrose is like part of the family:' - Nichols Manning, Senior Director of Game Operations for the Chicago White Sox 219 - 393 -5522 800 -771 -7976 melrosepyro.com N D m 'o N m a n In an effort to provide you with a detailed and clear proposal, we have included a list of components to be considered for the design of your Melrose Pyrotechnics display. Please take a moment to review our show design concepts and proposed pyrotechnic effects. Opening Segment The opening scene of your show is one of the most important segments of the display. Whether you choose a traditional display or a pyromusical, our design team members are masters at tailoring your opening segment to thrill your audience from the very first shot. Your audience will be captivated immediately, as we set the tone, pace, and feel for the rest of the program. This is traditionally estab- lished through a barrage of multi -shot effects paired with an assortment of aerial shells. Design Components Red Peonies with Silver Tails Blue Peonies with Silver Tails Silver Peonies with Silver Tails No Body Red Peony Fan with Silver Tail White Peony Fan with Silver Tail Blue Peony Fan with Silver Tail After your audience is fully enthralled in the spectacle of the opening segment, we transition into the main body of the display. You will experience our commitment to design and organization first -hand as we present a progression of scenes that we design specifically for you and your show. Because every device that we incorporate into your show is hand - picked, meticulously tested, and rated by our design team, we are able to build a cohesive program that is highly dynamic and suited to your event and audience. Design Components Color Strobing Dahlias with Matching Tails Crackling Palm Trees with Coconut Trunks Glittering Peonies with Double Core Pistils Color- Changing Pastel Crossettes Diadem Chrysanthemums to Crackling Tips Crackling and Color Wipe This proposal is intended to give an approximate show design and description. Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. 219 - 393-5522 800 -771 -7976 melrosepyro.com &raml Finale The ultimate destination and final act of every fireworks display is the grand finale. This is the segment of the show that your audience will remember above everything else. Careful design and product selection are vital components of the process we use to customize your grand finale. Not only sound, but color, flight time, effect duration, impact and presentation are all criteria we consider when choreo- graphing your grand finale. Design Components Multi -color Finale Chrysanthemum Shells with Silver Tails Red White and Blue Cross Ring Finale Shells Double Layer Peony Shells with Flashing Cores Silver Comets to Titanium Reports Finale Chain Special Effects /Multi -Shots Triple Peony with Strobing Tips Barrage Signature - Heavy Crackling Golden Willows Patriotic Palms in Red, Silver and Blue Gold Brocade Butterflies with Cyan Stratosphere In addition to the shells, multi- shots, candles, and chains that we implement throughout all segments of your show, we employ an extraor- dinary catalog of special effects and display techniques that we use to complement the traditional crowd favorites. These effects range from nautical shells, custom angled Roman candle scenes, expansive ground effect placements featuring strobes and flares, and layered multi -shot effects, as well as custom - pattern shapes that are manufactured just for Melrose, such as hearts and smiling faces. These special effects work in harmony and greatly enhance the look and feel of any display! Design Components Thunder to Colored Stars Report Shells Assorted Color and Flash Salute Finale Shells Red Comets to Titanium Salutes Blue Tiger Tails to Silver Splatter Magnesium Salutes Magnesium Splatter Flash Reports Dark Thunder Salutes Satums of Red, Green and Purple with Kamuro Rings Color Changing Silver Crown to Purple /Green Crossettes This proposal is intended to give an approximate show design and description. Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. -----i 219- 393 -5522 800 - 771 -7976 melrosepyro.com Program In an effort to provide you with a detailed and clear proposal, we have included a list of components to be considered for the design of your Melrose Pyrotechnics display. Please take a moment to review our show design concepts and proposed pyrotechnic effects. Opening Segment Shot Quantities Multi,Shot Items 9 Red Peonies with Silver Tails 9 Silver Peonies with Silver Tails 9 Blue Peonies with Silver Tails 9 Quick Crackling Crossette 36 Crackling and Color Wipe Aerial Shells 10 3" Anping Fireworks 10 3" Dancing Fireworks Group 10 3" Glorious Entertainment Production 10 3" Icon Pyrotechnics International 10 3" Lidu Fireworks Corporation Ltd. 50 3" Riccardo Caballer 5 4" Sunny International 5 4" Riccardo Caballer 3 5" Sunny International 3 5' Riccardo Caballer Product Description Red - colored peonies over silver tails Silver- colored peonies over silver tails Blue - colored peonies over silver tails Bright magnesium crackling crossettes fired all at once creating gold glitter with delayed crackling sparks Gold glittering comets changing into bright reports with colored shells over the canopy The opening segment of our show includes an assortment of aerial shells from several of our favorite manufacturers. This variety of effects will captivate and invite the audience to immerse themselves into the night sky canvas we are painting in front of them. This proposal is intended to give an approximate show design and description. Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. 219- 393 -5522 800 -771 -7978 melrosepyro.com Main Body Shot Quantities Aerial Shells 91 2'/" Glorious Entertainment Production 89 2 %" Icon Pyrotechnics International 90 2'/" Riccardo Caballer 120 3" Anping Fireworks 105 3" Dancing Fireworks Group 140 3" Sunny International 89 4" Dancing Fireworks Group 53 4" Glorious Entertainment Production 54 4" Icon Pyrotechnics International 61 4" Lidu Fireworks Corporation Ltd. 60 4" Riccardo Caballer 60 4" Vulcan Premier Fireworks 60 4" Yung -Feng Fireworks 36 5" Dancing Fireworks Group 20 5" Riccardo Caballer 44 5" Sunny International 40 5" Vulcan Premier Fireworks 38 6" Anping Fireworks 34 6" Riccardo Caballer 42 6" Yung -Feng Fireworks 3 8" Dancing Fireworks Group 2 8" Riccardo Caballer 3 8" Sunny International 2 10" Lidu Fireworks Corporation Ltd. 2 10" Vulcan Premier Fireworks Product Description This selection of assorted of 2 %" and 3" shells will fill the night sky with color and sound. Laying the foundation of your display in the canvas of the dark, our diverse collection of colors and break patterns look great alone or when used as complimentary devices in combination with effects such as candles and multi -shot boxes. Our catalog of 4" shells is second to none in terms of both quality and diversity. Whether we are enhancing a scene of low level effects or designing a central theme to your display with them, our 4" shells are the layers of paint on top of the canvas foundation. Unique to this size are crossettes and specialty Euro -style cylinders. Framing the entire display are our 5" and 6" aerial shells. Because these shells break so high and wide, they are the perfect tool to outline the rest of the display. Due to their large size, these shells allow for patterns and shapes not possible in smaller shells. Among the largest shells in use today, our 8 " -10" aerial shells break higher and wider than your audience can imagine. Designed in the USA, Europe, and Asia, our lines of 8" and 10" shells are all manufactured exclusively for Melrose. This proposal is intended to give an approximate show design and description. Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. 219- 393 -5522 800 -771 -7976 melrosepyro.com a 0 F N 0 s 5 &f1ti A &I brand Fnale Shot Quantities Multi -Shot Items 30 Red Peonies with Silver Tails 30 Blue Peonies with Silver Tails 30 Green Peonies with Silver Tails 30 Yellow Peonies with Silver Tails 30 Silver Peonies with Silver Tails 30 Gold Aluminum rising Comets Product Description Red - colored peonies over silver tails Blue - colored peonies over silver tails Green - colored peonies over silver tails Yellow - colored peonies over silver tails Silver - colored peonies over silver tails Bright golden fluffy comets As we arrive at our finale, the progression of the show has allowed us to set up your audience for the high impact moment they have been waiting for. This selection of aerial shells compliment the rhythm and pace of the program to conclude your event with a powerful ending that will leave your audience roaring in applause. This proposal is intended to give an approximate show design and description. Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. 219.393 -5522 800- 771 -7976 melrosepyro.com Aerial Shells 70 3" Glorious Entertainment Production 70 3" Icon Pyrotechnics International 60 3" Lidu Fireworks Corporation Ltd. 60 3" Riccardo Caballer 4 6" Riccardo Caballer 4 6" Glorious Entertainment Production 2 8" Icon Pyrotechnics International 2 8" Riccardo Caballer 1 10" Riccardo Caballer 1 10" Vulcan Premier Fireworks Product Description Red - colored peonies over silver tails Blue - colored peonies over silver tails Green - colored peonies over silver tails Yellow - colored peonies over silver tails Silver - colored peonies over silver tails Bright golden fluffy comets As we arrive at our finale, the progression of the show has allowed us to set up your audience for the high impact moment they have been waiting for. This selection of aerial shells compliment the rhythm and pace of the program to conclude your event with a powerful ending that will leave your audience roaring in applause. This proposal is intended to give an approximate show design and description. Please contact your Melrose Pyrotechnics Event Producer with any questions or concerns. 219.393 -5522 800- 771 -7976 melrosepyro.com Oak Brook, IL 7 -3 -12 Proposed Soundtrack ROBERT L. KERNS JR. OBJECTIVE EXPERIENCE EDUCATION To supervise / manage the project details for the Village of Oak Brook firework display. To oversee the design of the program. 1993 - Present Melrose Pyrotechnics, Inc. Kingsbury, IN Director of Operations • Oversee daily operations at corporate facility and satellite offices • Supervise the display choreography division • Logistics for all electrically fired programs (panels, equipment, cues, tape decks, communication needs, radio stations) • Supervise pyro - musical production teams 1979-1993 Berrien County Sheriff's Office St. Joseph, MI Lieutenant Support Services Division • Supervise all support services staff • Responsible for 30 deputies and over 50 civilian employees • Riot squad member • Diplomatic security detail • Forensic investigation 1981 - 1982 American Institute of Applied Sciences 1976-1977 Lake Michigan College Emergency Medical Technician/Paramedic Police Academy PRODUCTION CREDITS Chicago White Sox; City of Rockford; Texas Rangers; Hamilton Partners, Inc.; Kane County Cougars; Chicago Bears and the re- opening of Soldier Field; Evansville Freedom Festival; 'taste of Chicago; Chicago Venetian Night; Chicago Millennium Celebration (8) locations; U.S. National Hot Air Balloon Championship; Arlington International Racecourse; Chicago Bulls; Opening of Millennium Park; Navy Pier; JAM Productions; Thomson Productions, L'Intemational des Feux Loto — Qu6bec OBJECTIVE EXPERIENCE EDUCATION JONATHAN GESSE To create a unique and exciting soundtrack that provides the necessary dynamics for choreographing the fireworks to the music. 2005 - Present Melrose Pyrotechnics, Inc. Kingsbury, IN Soundtrack Producer • Creative design • Digital multi -track editing • Digital mastering • Time code synchronization 2001-2005 Musician LaPorte, IN • Studio and live performer; bass, guitar and trombone • Recording engineer • Studio production 1997 - 2001 Valparaiso University Valparaiso, IN B.A. Music Minor Business Administration PRODUCTION CREDITS Chicago White Sox; City of St. Charles; City of Rockford; Texas Rangers; Wawasee Property Owner's Association; Kane County Cougars; Chicago New Year's Eve Celebration; Taste of Chicago; Chicago Venetian Night; U.S. National Hot Air Balloon Championship; Arlington Intemational Racecourse; Hamilton Partners, Inc.; Navy Pier; Thomson Productions; World Pyro Olympics; L'Intemational des Feux Loto — Qu6bec MATTHEW PETERSON OBJECTIVE EXPERIENCE EDUCATION To provide an extreme pyrotechnic design for the Village of Oak Brook at Oak Brook Sports Core. 2000 - Present Melrose Pyrotechnics, Inc. Creative Director • Display choreography • Creative Design • Indoor and close proximity specialist 1998 - 2000 Classic Fireworks Southeast Regional Manager • Regional sales • DOT compliance • Display coordination 1990 —1998 Classic Fireworks by Event Inc. Display Producer /Production Team • Display choreography • Display technician • Indoor and close proximity specialist Kingsbury, IN Atlanta, GA New Orleans, LA 1991 - 1995 Louisiana Tech University Ruston, LA B.A., Business Administration with Entrepreneau Option PRODUCTION CREDITS Anheuser Busch; Miss Teen USA; Miller Beer; Superbowl XXIV & XXXI; Centennial Olympic Park Inaugural Parkfest; Disney Television; Peach Bowl at the Georgia Dome; LSU Tigers at Death Valley; Atlanta Falcolns; Mardi Gras: Chicago White Sox; City of Rockford; Texas Rangers; Chicago Bears and the re- opening of Soldier Field; Taste of Chicago; Chicago Venetian Night; U.S. National Hot Air Balloon Championship; Arlington International Racecourse; Chicago Bulls; Opening of Millennium Park; Navy Pier; JAM Productions; Thomson Productions; L'Intemational des Feux Loto — QuBbec (9 z F0 C) O Z LLI LLI Q M T- C) N Q W W r O LL m c 4- co O _o U N N 3 O 0 N 0) U ,C: is 0 O \F r— m ,0 cu O t—,) 3 w . ! 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