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Independence Day Fireworks Display Agreement:NDEPENDENCE DAY FIREWORKS DISPLAY AGREEMENT THS AGREEMENT cttgreme膚 りもetteЮ d hb hも 圧ty: and is by and betteen M:AND:NC.DBA MAD 30MBER F:REWORKS PRODUCT10NS,an lndiana corporation ("Confrac(o/'), and the VILLAGE OF OAK BROOK, an lllinois municipal corporation (" Villagel' ). lN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the Village's statutory powers, the Contractor and the Village hereby agree as follows: SECTION ONE: TIME AND PLACE OF DISPLAY. The Contractor shall provide a hventy ihree (23) minute continuous aerial fireworks display ("Display') at that certain location within the Village's sports core designated by the Village ('site'). The Display shall begin at approximately 9:15 p.m. at the annual Taste of oak Brook celebration hosted by the Village, scheduled for Sunday, July 3,2022 ("Display Dafe"), 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 ihe Time of performance, notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. SECTION TWO: @. The Contraclor 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 Agreemenl (',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 lllinois; 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: ]l!ttAgE-94!.gAL!.9N,' 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, establishmenl of a spectator safety area ("spectato r safety AreaJ, 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. sEcTloN FouR: INToXICATED EMPLOYEES. The Contractor shall cause any of its employees ,,vho are int,oxicated 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: !EBU!EL!.9,N-B!.9EI9. The Contractor shall have the right, but not tne oUtigetion, to terminate tne 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. EL!ON!X: PAYMENT. The Village shall pay the Contractor the sum of $32,500'00 1"ree") ror tne oisptay within ao 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. Contiactor may charge the Village a service fee equal to 1.5% of the Fee per month if the Viliage fails to pay the Fee within 60 days after the Contractor conducts the Display. SECTION SEVEN: CANCELLATION: RESCHEDULING OF DISPLAY' A. Cancellation bv Contractor. The Contractor shall have, in its sole and absolute discretion, the right to make a determination that the Display should be cancelled due to inclement o1. unsjfe weather conditions- ln the event the Display is cancelled by the Contractor due to inclemenl or unsafe weather conditions, the Display shall be on July 4,2022 at 9:15 p.m. (,,Rain Date,). lf 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 dale (" Atternate Display Date"), no later than six m-onths after the original Display Date set forth herein to conduct the Display. ln 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 bv Villaqe. ln the event the Display is cancelled by the Village prior to the Display bate, the Village shall pay to the Contractor an amount equal to Conlractor'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 request for payment. Payment of the Contractor's expenses pursuant to this Section 7.8 shall be the Contractor's sole remedy for cancellation of the Display by the Village prior to the Display Date. SECTION EIGHT: !N,UUE. The Contractor, at its sole cost and expense, shall provide liabillty insurance in the amount of $10,000,000, which insurance shall include, without iimitation, 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 $1O,00o,ooo for bodily injury and $10,000,000 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 lnsurance along wilh a letter fiom the broker issuing the insurance policy to the effect that the Certificate accurately reflects the contents of the insurance policy. SECTION NINE: !NpE!!Nlf[. 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 asierted 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, gtive all necessary notices, pay all license fees, and comply with all applicable local, state, and federal rules, regulations, and ordinances SEcTloN ELEVEN: !GH!98'. All vehicles utilized by the Contractor shall be properly identified and licensed as required by the laws of the State of lllinois. sEcTloN TWELVE: re. The contractor assumes complete and sole liability for the payment of all applicable federal, state, and local taxes sEcTloN THIRTEEN: 91p91re,. The contractor certifies hereby that it is not barred trom niOOingffiis contract as iresult of violations of either Section 33E-3 or Section 33E-4 of the lllinois Criminal Code. SECTION FOURTEEN: WBNUENI. The Contractor certifies hereby that it nas a vwitten sexuat narassment policy in place in full compliance with 775 ILCS 5/2- 105(AX4). SECTION FIFTEEN: OPTION TO RENEW. The Village shall have four options to renew this Agreement by delivering written notice to Contractor by December 15 of each year for Contractor to provide a Display to the Village in 2023, 2024, 2025, and 2026 on the dates set forth below: Displav Date Rain Date 2023 July 3,2023 Julv 4,2023 2024 July 3,2024 」ulv 4,2024 2025 July 3,2025 July 4,2025 2026 Julv 3, 2026 Julv 4,2026 The Contractor must deliver in writing by October 15 of each year the amount of increase (if any)for the following year. lf the Village exercises either of its options to renew this Agreement, all of the terms of this Agreement shall apply, including, without limitation, the updated Fee provision if there is an amount increase, which amount will be included in an Amendment to this contract. 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. Assiqnment. This Agreement may not be assigned by the Village or by the Contractor without the prior written consent of the other party. D. Bindinq 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, (iii) by mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid, or (iv) by email. Unless othenvise 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) five 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.4 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, lllinois 60523 Attention: Greg Summers, Village Manager Email: osummers@oak-brook.oro Notices and communications to the Contractor shall be addressed to, and delivered at, the following address: Miand lnc. DBA Mad Bomber Fireworks Productions 3999 E. Hupp Road Building R-3-1 LaPorte, lN 46350 Attenlion: Andrew James, President Email: andrew@madbomberfireworks.com F. Provisions Severable. lf 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. Governinq 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 lllinois, 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 lllinois, DuPage County, lllinois. 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 lllinois. l. Entire Aqreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all previous or contemporaneous oral or written agreements and negotiations betvveen 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. Riohts 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. ln the event of a conflict belween an exhibit and the text of lhis Agreement, the text of this Agreement shall control. M. Conflicts of lnterest. 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, neilher 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 al any time dudng 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. N. Force Maieure. No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party's ("lmpacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)") that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (i) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the lmpacted Party.6 :NV口 TNESS WHEREOF.the parties hereto have affixed their signatures the date and year lrst above wntten ⅥLLAGE OF OAK BR00K,an∥inois municipal corporalon M:AND iNC.DBA MAD BOMBER F:REWORKS PRODuCI:ONS,an:ndiana corpOra∥On Ъ∥otte K Pruss,V∥age Clerk , Mllage Manager EXHIBIT A Proposal8 VILLAGE OF OAK BR00K l18『鵠 評瞬 認 XRI湯 Oak Brook,:L 60523 (630)368口 5164 REQUESttFOR PROPOSAL November 2021 j:\worddoc\rfp\2021 rfp\independence day fi reworks.docx lndependence Dav Fireworks Displav TABLE OF CONTENTS SECT:ONl.REQUEST FOR PROPOSALS.................2 A. Nortce - PosrED oN THE Vttmce WEBSITE Noverr/eeR 2' 2021 ...........'......2 B. PRoJEcr DescRtprtox '................"... 3 C GENERAL TERMS Rtto CoruolrloNs ............ '.'..".'.. 1 sEciloN 2. PROPOSAL INSTRUCTIONS..... .........".....9 A. Docutuerurs/lruroRunrtoN To BE SuaMtrreo '....... 9 B. PRoposAL... '...'........'...' 10 C. REFERENCES ........'...'..'. 11 E. CoNTRACTons CEnttrtcATloN.......... .'..............'.. 13 D. Sexut HARASSMENT Poltcv .""""" 15 SECTION 3. REVTEW PROCESS """"""" 16 EVALUATION OF PROPOSALS AND SCIECTIOru .'.''... 16 BASrs oFAWARD ............ .'........'....." 16 j:\worddoc\rfp\2O21 rfp\independence day fi reworks.docx Section 1. Request for ProPosals Notice - posted on the Village Website November 2, 2021 Village of Oak Brook Request for Proposals November 2021 The Village of oak Brook is soliciting proposals for lndependence Day Fireworks Display. Proposals shall be addressed to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, lL 60523 The closing date and time for receipt of proposals is Tuesday, November 16, 2021, at 3:00 P.M. prevailingiime. proposals received after the submittal time will be rejected and returned unopened to the sender. A complete proposal package is on file for inspection and may be downloaded from the Village's website ,i-***"iilUrdor.ori or piiked up at the Butler covernment Center, '1200 oak Brook Road, oak Brook, tttiniEGOESJEGEdn the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. There is no charge for the package. The Village of Oak Brook reserves the right to reject any or all proposals, waive all technicalities, errors, omissionl, erasures, alterations, and additions not called for, and to make an award which, in its judgment, is the best and most favorable to the interests of the Village and the public. Page 2 B. Proiect Descriqtion lntroduction The Village of Oak Brook will be hosting the Taste of Oak Brook followed by an lndependence Day Fireiorks display on July 3,2022. The Taste of Oak Brook celebration kicks off in the afternoon and will include food from some of Oak Brook's finest restaurants and children activities' The Taste will conclude with fireworks beginning at approximately 9:15 p.m The rain date for fireworks only is July 4,2022- Scope of Services Contractor shall furnish, erect, and fire under Village direction the Village of Oak Brook's July 3, 2022, fireworks display at the oak Brook Sports core Field #1 in oak Brook, lllinois. Contractor shall provide through the field pyro technician, at the contractor's expense, one (1) assistant chief pyro technician, and two (2) additional qualified pyro technician aides to assisl in the erection andliring of the display. Each person shall be an employee of the contractor. Contractor's personnel and materials shall report to the Oak Brook Sports Core in Oak Brook, lllinois, (fireworks display site) no later than 9 a.m., July 3,2022, to begin setting up the fireworks display.'The contractor;hall have the fireworks display material ready for show by 5 p.m., July 3, 21i2.'Conlractor will have the flexibility to set up J uly 2,2022. Cancellation or postponement due 10 inclement weather will be made at the discrimination of the Village of Oak Brook and the contractor's representative. Contractor shall perform tests before beginning the official program to make sure that.the winds aloft will not distort the exhibition nor carry hot or burning matter where it can cause damage to persons or proPerty. Contractor shall provide for at all times in preparation of, during, and immediately after fireworks display, a safe and clean operating environment at the fireworks display site in oak Brook. Contractor shall provide for a fireworks display lasting twenty-three (23) minutes in duration and fireworks display shall exhibit rapid, constant fire for the entire lwenty-three (23) minutes. Rain date shall be July 4,2022. Times and arrangements shall be the same as outlined in the pr"""Oing paragraphs of these specifications. Decision by the Village of Oak Brook to cancel the event will be made by 7 p.m. on the date in question. The closest building to the site of the fireworks display will be no closer than 1,200 feet. The closest residential a-rea to the site of the fireworks display will be no closer than 1,200 feet. The ilosest spectators to the site of the fireworks display will be no closer than 1,200 feet. The firing location may be subground level; only aerial shells are to be incorporated into show. pyrotechnic materials may arrive early for the Oak Brook.show if they are enclosed and secured in a weather tight motor vehicle stored outdoors. The Village of Oak Brook will not assume the responsibility or liability for the storage of pyrotechnical materials' All pyrotechnic materials shall be too orade and have been factory tested by the manufacturer to assure their individual quality, performance, and safety. Contractor shall provide for his employees'and public safety at all times' Page 3 3. Contractor shall perform this agreement as an independent contractor and shall not be considered an agent ofthe Village of Oak Brook, or shall any employees or agents of contractor be considered an agent of the Village. Show Design and Work Contractor shall provide labor, material, and equipment for presentation of an innovative and attractive aerial fireworks display on July 3,2022, at the Oak Brook Sports Core, Oak Brook, lllinois. Program objective shall be to create a spectacular, continuous fire, aerial display visible to an audience viewing from many area vantage points not immediately adjacent to the discharge site and accompanied to music. At the conclusion of the fireworks display, the William Tell Overture shall be played unless prior written direction is given by the Village Manager. To achieve this objective, the contractor shall allow for appropriate layering and balance of the overall program with no perceptible breaks or gaps in the display. Proposal must include patriotic music selections with corresponding pyrotechnics. The proposed synchronized audio must be provided via audio CD to the Village by July 1't. The following general parameters are provided for accomplishment of the objective. Length of Display: 23 minutes continuous firing Pyrotechnics: Total display shall include approximalely 2,000 individual shells. Suggested number of shells is provided as a guideline; therefore, innovation and creativity on the part of the contractor is essential. Proposal shall be an aerial display only, which must include a riveting opening, unique body, and dramatic finale (no set pieces). No parachute shells of any type shall be allowed. Substitutions: Contractor must perform show that was proposed Substitution(s) shall not be made after award of contract unless approved by the village Manager 15 days prior to July 3, 2022. Failure to provide exact brand, size, and quantity of shell as submitted in final proposal will result in reduction in payment. Conduct of the DisPlaY The display shall be conducted in accordance with National Fire Protection Association standard 1123-1995, code for the Outdoor Public Display of Fireworks published by the National Fire Protection Association, lnc. The following modifications apply: A. Construction of She//s ln addition to the standard paper mache shells, shells with molded plastic casing shall be permitted. However, mortars firing shells with plastic casings shall not be reloaded. B. lnstallation of Moftars Mortars shall be installed in mortar racks in accordance with NFPA standards and be properly anchored to the ground. C. Discharge Sifes The discharge site shall be limited to the area specified by the village of oak Brook. D. General Requirements No aerial display may be fired when winds exceed 20 MPH, when unusually wet weather presents other d;finite dangers, or when conditions are deemed unsafe by the Village of Oak Brook. The contractor shall be responsible for the complete installation and cleanup of the display and supplying all necessary materials and equipment in connection therewith except as provided for under Village Furnished ltems.4Page 4 ZThe contractor shall furnish qualified operators for se{-up, launch, and take down, and abide by all Federal, State, and Local regulations that apply to handling pyrotechnics. The contractor shall provide necessary safety equipment and materials, transportation, and security for fireworks and launch site. Fire extinguishers shall be in plain view when any live loads are on-site. Numbers of fire extinguishers shall be adequate to the size of the display. The fireworks display is scheduled to commence at approximately 9:'15 p.m. The exact firing command shall be given by the Village representatives at the launch site. ln the event that the performance provided is delayed through any fault of the contractor, the contractor shall reimburse the Village the amount of $500.00 per each 5 minute delay beyond the scheduled starting time of the performance as noted above. ln the event of inclement weather, the display will be rescheduled for July 4, 2022. fhe decision to postpone displays shall be made by the Village representative. The contractor shall be responsible for cleanup of the safety zone to include: cleanup of shell fragments, bits of fusing, and any hazardous material; gathering any other trash and debris generated by the contractor's personnel in appropriate trash containers. Transportafion and Storage of Fireworks The transportation of fireworks shall be in compliance with the regulations of the U.S. Department of Transportation, 41 CFR, Part 170-189 and Part 390-399 and all state and local motor vehicle laws applicable to the area through which fireworks are transported. All fireworks materials shall be packaged and shipped in compliance with all applicable laws and ordinances (Federal, State, and Local) for delivery and storage of fireworks and explosives. Packaging to be in sealed, weather protected, heavy duty containers to completely prevent deterioration or diminution of fire ability due to moisture and/or other contaminations. Vehicle operators will be responsible for the safety of the fireworks and all related equipment, remaining with the vehicle(s) at all times. Suppiemental site security will only be provided by the Village of Oak Brook during the evening houis of the event and shall not relieve the contractor of this responsibility. The number of vehicles allowed on site will be kept to a minimum. Notification of Fire Department The Fire Department will be notified of the Village's intent to have the fireworks display and will request the appropriate fire apparatus be on site during the display and to relate the name and address of the contractor. Upon receipt of the contract, the contractor shall contact Chief Barry Liss of the Oak Brook Fire Departmeni and arrange for review of the pyrotechnics set up plan and site inspection on the event day. lt is the responsibility of the contractor to provide all required and relevant information. Should ihe contractor require assistance with contacting the Fire Department, the Senior purchasing Assistant shall provide assistance in providing a liaison with the Village of Oak Brook Fire Department. Qual ificati on of OPerators The person in charge offiring the display (chief pyro technician) and one assistant (assistant chief pyro technician) shall: . Be at least 21 Years of age. . Have a minimum of 4 years pyrotechnic experience. . Have fired a minimum of 12 displays of the size and nature of the display proposed herein. . Possess a valid and current exptosive permit issued by the State of lllinois. Page 5 ユ The chief pyro technician must be licensed by the Office of the State Marshall. An out of state contractor must have a person licensed under the Pyrotechnic Operator Licensing Act (225 ILCS 227) as the lead pyrotechnic operator supervising the display. All other assistants shall be at least 18 years of age. No other persons are permitted within fenced-off firing area. 8. Village Furnished ltems . Protection of the display are by roping-off or similar facility . Adequate police protection to prevent spectators from entering display area 9. Safety Contractor shall submit prior to event a list of assigned employees. The only persons permitted to be within the fenced-off firing area will be the authorized pyrotechnical staff and a Village Representative. No exceptions will be made. contractor shall submit with his proposal a loss run prepared by his insurance company, or companies, for the period covering 5 years prior to the date ofthe proposal. This information shall be submitted from any and all insurance companies used by the contractor during this s-year period. A loss run is defined as an itemization of all paid and reserved occurrences resulting from activities associated with a fireworks display as defined under a general liability policy for the term of the policy, which is the subject of the loss run. The loss run shall distinguish employee injuries from speciator injuries and shall identify pending and closed cases. Loss run shall be accompanied by sufficient evidence to indicate that the loss run is accurate and has been prepared by the insurance company. The Villages hall be the sole judge as to whether the information provided meets the specifications. Failure to submit complete and accurale loss run information may result in rejection of proposal. 10. Contract The successful contractor agrees that upon acceptance of its proposal by the Village of Oak Brook this Request for Proposal, along with all instructions, conditions, and specifications attached thereto, constitute a binding contract which may be enforced by the Village. 11. Contract Extension At the conclusion of the 2022 fireworks display, the Village of Oak Brook reserves the right to award an annual contract extension for each following years, not to exceed 4 yearc (2023,2024' 2025, and 2026), to the current contractor. Determination will be made annually solely by the Village of Oak Brook with the concurrence of the contractor and will be determined no later than '12 weeks following the display. Page 6 General Terms and Conditions 1. Preparation and Submission of Proposals: a) The proposal shall be submitted in an opaque sealed envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Proposal and the Project Name: "lndependence Day Fireworks Display". b) contractors may attach separate sheets to the proposal for the purpose of explanation, exception, alternate proposal and to cover unit prices, if needed. c) Contractors may withdraw their proposal either personally or by written request at any time before the hour set for the proposal opening, and may resubmit it. No proposal may be withdrawn or modified after the receipt of proposals except where the award of contract has been delayed for a period of more than ninety (90) days. d) ln submifting this proposal, the contractor further declares that the only person or party interested in the proposal as principals are those named herein, and that the proposal is made without collusion with any other person, firm or corporation. e) The contractor further understands and agrees that if their proposal is accepted, the individual/company is to furnish and provide all necessary materials and/or equipment and other means to do all of the work and to furnish all of the materials specified in the contract, except such materials as are to be furnished by the village (village), in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. f) The contractor further agrees to execute all documents within this Proposal Package, obtain a Certificate of lnsurance for this work and present all of these documents to the Village within fifteen (15) days after the receipt of the Notice of Award and the contract by the company. g) The contractor further agrees to begin work not later than ten (1 0) days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor. h) By submitting a proposal, the contractor understands and agrees that, if the proposal is' 'accepted,lnd the contractor fails to enter into a contract forthwith, the company shall be liable to the Village for any damages the Village may thereby suffer. 2. Conditions a) The Village is exempt from Federal excise tax and the lllinois Retaile/s Occupation Tax. This proposal cannot include any amounts of money for these taxes. b) Any contract or agreement resulting from the acceptance of this proposal by the Village' sfritt Ue on formi either supplied by or approved by the Village's Legal Department. The Village reserves the right to reject any agreement that does not conform to the Request For Proposal and any Village requirements for agreements and contracts. c) The Village reserves the right to request clarification of information submitted and request additional information as neededC 4d) The requirements of this RFP shall be included in the contract with the selected firm. Payment The Village authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request mUSt be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month lndemnification The contractor shall protect, indemnify, save, defend and hold forever harmless the village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officlals, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to pioperty, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Agreement by virtue of any act or omission of any of the Contractot's ofticers, employees, subcontractors, and/or agents, provided that the contractor shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely from any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The contractor shall hotd the Village harmless for any and all claims for labor, material, apparatus, equipment, filitures or machinery furnished to the contractor for the purpose of performing the work under the contract; and the payment of all direct and indirect damages io any p"rson, firm, company or corporation suffered or sustained on account of the performance of such work during the time the contract is in force. lnsurance Certificates of lnsurance and Additional lnsured Endorsement shall be presented to the village within fifteen (15) days after the receipt by the contractor of the Notice of Award and the unexecuted contract, it being understood and agreed that the village will not approve and execute the contract nor will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Each contractor performing any work pursuant to a contract with the Village and each permittee working under a permit as required pursuant to the provisions of Title 1, chapter b of the Code oiOrdinances of the Village (hereinafter referred to as "lnsured") shall be required to carry Such insurance as specified herein. Such contractor and permittee Shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: a) General Liability - $10,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $5,000 the required limit shall be $500,000; b) Automobile Liability (if applicable) - $ 1,000,000 combined single limit per accident for bodily injury and propertY damage; c) Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of lllinois and Employer's Liability limits of $1 ,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; orthe lnsured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: d) General Liability and Automobile Liability Coverage - l. The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the lnsured; premises owned, occupied or used by the lnsured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employee's volunteers or agents. ll. The lnsured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the lnsured's insurance and shall not contribute with it. lll. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its ofiicers, officials, employees, volunteers or agents. lV. The lnsured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liabilitY. e) Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, empioyees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional lnsureds. lnsurance is to be placed with insurers with a Best's rating of no less than A: Vll. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required tnsurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 6. Safety The contractor and any subcontractors shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. '1590), as amended. Equal Opportunity The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap unrelated to bona fide occupational qualifications. Execution of Documents The contractor, in signing his Proposal on the whole or on any portion of the work, shall conform to the following requirements: proposals signed by an individual other than the individual represented in the Proposal documents shall have attached thereto a power of attorney evidencing authority to sign the Proposal in the name of the person for whom it is signed. proposals which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. lf signed by an attorney-in-fact, there shall be attached to the Proposal a power of attorney evidencing authority to sign the proposal, executed by the partners proposals which are signed for a corporation, shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. lf such Proposal is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Proposal shall be attached to it. such Proposal shall also bear the attesting signiture of the Secrelary of the corporation and the impression of the corporate seal' The Contract shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee.4 9. Non-Discriminating The Vendor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the lllinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 10. Negotiations The Village reserves the right to negotiate specifications, terms, and conditions which may be necessary or appropriate to the accomplishment of the purpose of the RFP. The Village may require the entire proposal be made an integral part of the resulting contract. This implies that all responses, supplemental information, and other submissions provided by the contractor during discussions or negotiations will be held by the Village as mntractually binding on the successful contractor. 11. lncurred Costs The Village will not be liable in any way for any costs incurred by respondents in replying to this RFP. Contractor agrees to comply with all laws, ordinances, and rules of the Village and the State of lllinois. 12. Contractor Responsibilities The selected Contractor will be required to assume responsibility for all services offered in this proposal. The Village will consider the selected Contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 13. Prevailing Wage All wages paid by the Contractor and each subcontractor shall be in compliance with The Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall govern. lf the Department of Labor revises the wage rates, the revised rate, as made available on the Department's official website, shall apply to this contract and the Contractor will not be allowed additional compensation on account of said revisions. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. Contractor will comply with the lllinois prevailang wage law, as amended from time to time and made available on the Department of Labof s official website. Not less than the prevailing rate of wages as found by the lllinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the Contract. lf the Department of Labor revises the prevailing rate of wages to be paid laborers, workers or mechanics under the Contract, the revised prevailing rate of wages shall apply to the Contract and Contractor shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate ofwages to each person to whom a revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Contract sum or other cost to Village of Oak Brook. Contractor shall indemnify, defend and hold Village of Oak Brook harmless from any loss, including but not |imited to Village of Oak Brook's attorney's fees, resulting from Contractor's failure to comply with this prevailing wage clause. All bonds applicable to the Contract shall include a provision as will guarintee the faithful performance of the obligation to pay the prevailing rate of wages. The contractor and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when av;ilable, last four digits of their social security number, gender, race, ethnicity, veteran status, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, the starting and ending times of work each day, the worker's hourly rate, the worker's hourly overtime wage rate, the worker's hourly fringe benefit rates, the name and address of each fringe benefit fund, the plan sponsor of each fringe benefit, if applicable, and the plan administrator of each fringe benefit. The contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the Department of Labor, or to the public body if the Department of Labor has yet to activate the database created by section 5.1 of 820 ILCS 130. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less tiian the general prevailing rate of hourly wages required; and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon 7 business days' notice, the contractor and each subcontractor shall make available for inspection and copying at a location within this state during reasonable hours, the records to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents The Contractor and each subcontractor shall permit his/her employees to be interviewed on the job' during working hours, by compliance investigators of the Department or the Department of Labor. 14. Default The contract may be canceled or annulled by the village in whole or in part by written notice of default t,o the Contractor upon nonperformance or violation of contract terms' An award may be made to another contractor wilh services similar to those so terminated. Failure of ihe Contractor to deliver services within the time stipulated on his offer, unless extended in writing by the Village, shall constitute contract default. 15. Force Maieure A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected Party. unless otherwise agreed in the contract between the parties expressly or impliedly, where a party to a contract fails to perform one or more of its contractual duties, the consequences set out in this clause will follow if and to the extent that the party proves: 1a; that its failure to perform was caused by an impediment beyond its ieasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the signing of the contract; and (c) that it could not reasonably have avoided or overcome the effects of the imPediment.6 A party invoking this clause shall be presumed to have established the conditions described in the preceding paragraph in the case of the occurrence including, but not limited to, one or more of the following impediments or other similar causes beyond the control of the contractor or the Village in the performance of the contract where non-performance, by exercise of reasonable diligence, cannot be prevented: acts of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; acts of war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; acts of public enemies, acts of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; act of authority whether lawful or unlav'rful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, iompulsory acquisition, seizure of works, requisition, nationalization; explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; general labor disturbance such as but not limited to boycott, strike and lock-out, go-slow, occupation of factories and premises; shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subiect Party. The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a wriiten contingency plan to address the force majeure occurrence. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the iorce majeure condrtion continues beyond 30 days, the parties to the contract shall jointly decide on an appropriate course of action that will permit fulfillment of the parties' objectives under the contract. contractor shall not be entitled to an adjustment in contract price or other non-price related items caused by or within the control of contractor. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of contractor.7 1 6. lndependent Contractor There is no employee/employer relationship between the contractor and the Village. contractor is an independent contractor and not the Village's employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal lnsurance contribution Act, the social security Act, the Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS 305/'l , et seg.). The vILLAGE will not (i) provide any form of insurance coverage, including but not timited to health, worker's compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the contractor and the village, and the Village is not and will not be liable for any obligations incurred by the contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationshrp or partnership between the Village and the contractor. 17. Governing Law The laws of the State of lllinois as to interpretation, performance and enforcement shall govern this Agreement. The forum for resolving any disputes concerning the parties' iespective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, lllinois'8 Section 2. Proposal lnstructions Four (4) copies of the proposal shall be submitted in a sealed envelope to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, lL 60523 and clearly marked on the outside of the envelope "lndependence Day Fireworks Display" on or before Tuesday, November 16,202',1 at 3:00 p.m. prevailing time. Any proposal received after this date and time will be rejected and returned unopened. Lengthy, detailed proposals are not required. Proposals are intended to be an expression of inteiesi in providing services for the project, as well as background information on the firm and on its professional qualifi cations. A. Documents/lnformation to be Submifted Proposal Form (Section C below), Detailed cost Spreadsheet and Narrative References (Section D below) Contractors Certification (Section E below) Sexual Harassment Policy (Section F below) Statement of Qualificationso Provide background information on your firm including, but not limited to, the age of the business, the number of employees, and pertinent financial data that will permit the Village to determine the capability of the contractor to meet all contractual requirements. . List the abilities, qualifications, and experience of the persons who would be assigned to the engagement and their experience on similar contracts. Project Approach o Terms and Conditions List any terms and conditions which may apply to this contract and are not included in this RFP. . Additional lnformation and Comments lnclude any other information you believe to be pertinent but not specifically mentioned elsewhere.9 B. Proposal ln 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 ior 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 2022 lndependence Day Fireworks Display Not-to-Exceed Cost of $$32,50000 please provide a detailed list (size, amount, cost) of mortars and shells, etc. that will be used for the display. Firm Name: Address: DBA Mad Bomber Fireworks Productions City, State, Signature: Name Title: Telephone: 2l Date: November 5, 2021 lf a Corporation: ATTEST: 10 融 D BOMDEQ F:REWORKS PRODuCT10NS 3999 E HUPP ROAD′BU LDING R-3-l LA PORTEIN 46350 PHONE(219)393-5051 TOLL FREE(877)623‐2662 FAX(219)393‐3177 Mad Bomber Fireworks Productions is in our Thirty-First year of producing professional fireworks displays. ln the beginning we quickly earned the reputation as a company who catered to 'smaller' clients that other fireworks companies tended to dictate terms to. We were often appreciated as a firm that worked with our clients to ensure exPectations were met by both parties, lt was always going above and beyond the norm that helped us compete with the big family companies that dominated the fireworks industry. Many of whom had the benefit of generations of loyal customers. we approached growth cautiously; while never losing siSht ofwhat had put us above the crowd for our clients, now we enioy a strong and loyal clientele. Today we produce approximately 5oo displays per year throughout the Midwest. our offerings include traditional displays, electric fired, choreographed to music, computer fired, indoor and close proximity displays. Our clientele ranges from high school homecomings to extravagant displays for summer festivals and of course lndependence Day fare. Andrew James, President, started Mad Bomber Fireworks in 1991. Due to his love of fireworks he knew he wanted to build a company that provided the best displays as well as exceptional service. He has produced thousands of displays over the years and has Srown the company into the premiere display company in the Midwest. Randy McCasland, Director of operations started working with his father on displays at a young a8e. Having grown up in the industry, he provides an insight into display production paralleled by few. He has been the lead operator on well over one thousand displays throughout fourteen states. Randy has designed, produced and worked on displays for many industries, including professional baseball, professional basketball, concert events, air shows, festivals, and cities and towns' Mad Bomber Firework currently has eight full time employees. During the summer we bring on ten to twelve college students full time to work preparing for the busy season. Many of whom return season after season to work for the summer. Nearing the Fourth of July, we ramp up for our displays, and we bring on 4OO-5OO workers producing displays throughout the Midwest. We pride ourselves on the extensive training, skill and talent of our operators and crews. C. References Your Company Name: (Please Print) 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 Na me/Mu n icipa lity:Village ofBensenville Miand Inc. DBA Mad Bomber Fireworks Productions Address: 12 S Center St Bensenville, IL 60106 Phone' ( 630 \ 697'3439 Contact Person: Gary Thorsen Type of Work and Date Performed: Iuly 4th Fireworks Displa],s 2. Company Name/Municipality: Westrnonl Park District Address: 55 E Richmond St Westmont, IL 60559 Phone: ( 630 ) 969.8080 Contact Person: Bob Fleck Type of Work and Date Performed: Iuly 4th Fireworks Displays 3. Company Name/Municipality: Village of Orland Hills 16553 S Haven Ave Orland Hills,IL 60487Address: Phone: ( 70o ) 3497211 Contact Person: Glenn BYlina Type of Work and Date Performed: Independence Dav Celebration 4. Company Name/Municipality: Citv of Waukegan loo N Martin Luther )r Ave W Phone: ( 847 \ j992521 Contact Person: David Motley Type of Work and Date Performed: Juky 4th Fireworks Displav 5. Company Name/Municipality: Village of Woodridge Address: 5 Plaza Dr νV oodridge IL 6051ラ _ Phone: ( 630 \ 7t9.470s Contact Person: Type of Work and Date Performed: Iuly 4th Fireworks Display E. ContractorsCeftification 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: "lndependence Day Fireworks Display" The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the lllinois 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 lllinois laws prohibiting bid+igging or bid-rotating. The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-1 of the lllinois Compiled Statutes, 1993, the contractor is not delinquent in the payment of any tax administered by the lllinois Department of Revenue. The undersigned certifies that, pursuant to Chapter 775, Section 512'105. of the lllinois 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. c) 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 lllinois Department of Human Rights and the Human Rights Commission. f) Directions on how to contact the Department or the Commission. 3) This business firm is: X Corporalon Telephone:219-393-5051 ` (check one) Partnership individual R-3-1 Noveコnber 5,2021 City, State, Signature: Tlle: 13 Firm Name: Address: ATTES丁:KeLLEY ANr.t xrtrtelO fURLilrJottry Public . scal 視驚献12譜 w『需ノ串雷:担 穏明 '■',:29 ‐SEAL― 14 D. Sexual Harassment PolicY Miand Inc. DBA Mad Bomber Fireworks Productions hereinafter referred to as ,,Contractor,, having to the Village of Oak Brook, DuPage/Cook Counties, lllinois, hereby certifies that said Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(AX4) including the following information: 1) 2) 3) 4) 5) An acknowledgment of the illegality of sexual harassment. The definition of sexual harassment under State law. A description of sexual harassment, utilizing examples. The contractor's internal complaint process including penalties. The legal recourse, investigative and complaint process available through the lllinois Department of Human Rights and the Human Rights Commission. Directions on how to contact the Department provided in Section 6- of Human RightsEach contractor must provide a copy of such written upon request. of Contractor 15 Section 3. Review Process A. Evaluation of Proposals and Selection The proposals received will be evaluated by the Village on the basis of professional qualifications, previous experience on similar projects, key personnel assigned to the project, satisfaction of previous clients on work performed for them, current billing rates of the firm, and the proposal that best meets the needs of the Village. This proposal is not intended to be detailed; it is intended to be an expression of interest in providing services for the project, as well as to provide background information on the firm and its professional qualifications. Firms will be contacted during the evaluation if further information is needed. The Village may choose to interview one or more firms before final selection is made. This Request for Proposal does not commit the Village to award a contract, to pay any costs incurred in the preparation of a proposal based on this request, or to procure or contract for services. All proposals submitted in response to this Request for Proposal become the property of the Village. The Village reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with qualified consultants, or to cancel in part or in its entirety the Request for Proposal, if it is in the best interest of the Village to do so. The Village may require the consultant selected to participate in negotiations concerning contract price or the nature and extent of services to be provided. The results of such negotiations shall be incorporated into the final contract between the Village and its consultant' B. Basis of Award Village staff will perform an evaluation of the proposals received. Appropriate finalist(s) may be interviewed by the Village, after which a selection will be made- The Village reserves the right to reject any or all proposals and to waive any informality or technical6rror and to accept any proposal deemed most favorable to the interests of the Village. The Village will review proposals based on the following criteria: Compliance with RFP. Adherence to all conditions and requirements of the RFP. understanding of the Project. The contractor's understanding of the engagement, the Village's objectives, and the nature and scope of the work involved. services to be Provided. The exact type and nature ofthe contractor's proposed services and how they accomplish the objectives of the project. Qualifications of the Contractor. The contractor's capability in all respects to perform fully all contract requirements, and the integrity and reliability which will assure good faith performance. This criterion includes:. The experience of the firm and its record on projects of a similar nature. . Personnelto be assigned to the project, their education, qualifications, and experience on similar projects. . The availability of necessary personnel and other resources to Successfully complete the project specified herein on a timely basis. 3) 4) 16 5) Costs. Proposed contract price. 6) Ability, capacity and skill to fulfill the contract as specified. 7) Ability to supply the commodities; provide the services or complete the construction promptly, or within the time specified, without delay or interference. 8) Character, integrity, reputation, judgment, experience and efficiency. 9) Quality of performance on previous contracts. 10) Previous and existing compliance with laws and ordinances relating to the contract. 1 1 ) Sufficiency of financial resources. 12) Quality, availability and adaptability of the commodities, services or construction, in relation to the Village's requirements. 13) Ability to provide future maintenance and service under the contract. 14) Number and scope of conditions attached to the proposal. 15) Record of payments for taxes, licenses or other monies due the Village. 17 Mro EoAtEEp FIttWORKSPRODUCTIONS 3999 E HUPP RD R…3…l LAPORTE,IN 46350 PHONE(219)393…5051 Toll Free(877)MAD…BOMB OAK BR00K PROPOSAL JULY 392022 FAX(219)393‐3177 MAD BOヽ IBER FIREWORKS PRODUCTIONSIS PLEASED TO PRESENT FOR YOUR CONSIDERATION THIS EXCEPTIONAL PROPOSAL FOR A SPECTACULAR FIREWORKS SHOW TO BE PRESENTED FOR YOURINDEPENDENCE DAY CELEBRAT10N. FIREWORKS SHOW PROFESSIONAL PRESENTATION $10,000,000 LIA131LITV INStJRANCE POST DISPLAY CLEANUP EARNEST MONEY DEPOSIT BALANCE DUE AFTER PRESENTATION 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 hazmatmaterial in a properly placarded vehicle. BadalC McCasland, Director of operations $32,500,00 1NCLUDED INCLUDED INCLUDED SWAⅣED $32,500.00 MAD BOMBER FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this sth day of November , 2021 by and between Mad Bomber Fireworks Productions of Kingsbury, Indiana hereinafter referred to as Seller, and Villaee of Oak Brook Herein after referred to as Buyer, of Oak Brook State: Illinois 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 $32.500.00 for Display. 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 %% 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 incnrred by Seller in the collection or attempted collection ofany 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 3rd Day of July ,2022, 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 montl.rs of the original display date. 3. Buyer will provide a sufficient area for the Display, including a minimum spectator set back of 560' 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 ar,d 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 an 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 shortages or unavailability ofany particular item on the proposal. 8. Seller and Buyer agree to included Attachments, if any. See Attachments: none Both Seller and Buyer hereto do mufually 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 By By Randy McCasland Date (Its duly authorized agent, who represents that he/she has full authority to Bind the Buyer.) Date Print Name Address Ook Brook Opening 36 2.5" Color Willows 24 3" Assorled Color Shells 6 4" Assorled Color Shells 2 5" Assorled Color Shells 1 6" Thousond Blooming Flowers Mod Bomber Fireworks Productions Ook Brook SPECiALTY BARRACES Dに ploved by pond 300 Shot Color Xsette ond Crockling 300 Shot Blooming Stors 200 Shot S & I Coconut w/Turbillion 170 Shot Chrys to Chrys (Crockling Chrysonthemums) 200 Shot Z Brocode Crown Blue Comet 400 Shot Color ond Solute 100 Shot Red Dohlio w/Red Toil 100 Shot Fon Red White ond Blue Crosseite 100 Shot Crockling Chrysonthemum Mod Bomber Fireworks Productions 36 Ook Brook 3INCH SHEttS Three Shol Volleys Coconut Polms Purple Sky Mines Silver Flying Fish Green Strobe White Strobe Red White & Blue Ring w/Mine Red Strobe Red White & Blue w/Brocode Mine Brocode w/Red White & Blue Mine Turquoise Peony w/Polm Core Peoch Flying Stors Lemon PeonY 4 INCH SHEttS Three Shol VolleYs Red Green Blue SPorkling Roin Green White Blue Clustering Strobe Color Peont w/SPorkling Pistil Cyon w/Mog Pistil I /2 Red I /2 Silver Oronge Glittering Woterfoll Brocode w/Red Leoves Ihree shells shol simulloneously ond spreod ocross skY Gold Komuro Yellow Chrysonthemum w/Red Pistil Silver PeonY w/oronge Pistil Three Color Chonging Cyon Peony w/Color Chonging Pisiil Red White & Blue Rings Violet Chrysonthemums Blue Chrysonthemums Purple Peony Mog Green Peony Mog Red PeonY Mog Oronge Peony Color Flying Stors Silver Strobe Hummer Pixie Dust Willow Glittering Silver White Strobe Woterfoll Brocode w/Roind\bow Dohlio Mod Bomber Fireworks Productions 30 Ook BrOOk 24 3" SPECIALTY SHEttS 3" Color Wolfs 3" Assorted Sky Mines 3" Silver Serpent w/Mogento 3" Peoch Flying Stors 3" Whistling w/Color Siors 3" Bonger Chortreuse 3" Red SkY Mines 3" Blue Comets 3,' Blue Sky Mines 3,'Diomond Screomer w/Color Stors 3" White Sky Mines 3" White Strobe Woterfoll 3" Smile Foce 3" oronge Strobe 3" Silver Turbulence w/RePort I8 4'' SPECIALTY SHELTS 4"Cyon SkY Mine 4'Whistle Red Stors 4" Silver Flying Fish 4" Aquo w/Silver Turbulence 4" Forfollo w/Mogenio Stors 4' Assorted Color Wolfs 4" Multi Color FlYing Stors 4" Silver SerPents w/Mog Colors IO 5'' SPECIATTY SHELTS 5" Forfollo w/Color 5" Multi Color Wolf 5" Mulii Color SkY Mine 5" Multi Color Poinsotte 5" Five Arm Cui Gloss 5" White Strobe Woterfoll 5" Gold Whirl io RePort 5" Silver Wove to Crockling Color 4" Whirlpool Green Xsette 4" Whirlpool Red Xsette 4" Green Sound Ring 4" Tourbillion w/Color Stors 4" Diomond Screomer w/Color Slors 4" Lemon Xsette w/Time Roin 4" Ti Serpent w/Red & Blue to Report 4" Ti Whistle Ring w/Lemon 5" Red Wove lo Xsette 5" Pixie Dust w/Stoin Gloss 5" Oronge Glittering Woterfoll w/Red Glitt 5" Glittering Xsetie 5" Whirl w/Blue Plstil 5" Color Chonging Ghost 5" Tourbillion to Color ond Report 5" Brocode to Thousond Green Mod Bomber Fireworks Productions Ook Brook Speciolty Stocks Silver Slrobes 3" Red, White ond Blue 3" 4" 5" Colorlul Folling Leoves 3" 4" 5" Differenl slze shells breoking ot multiple heights creoling o slock.Mod Bomber Fireworks Productions Ook Brook 3 INCH SHELLS * main bodY l8 Pheonix Red PeonY w/Red Tail Green & PurPle PeonY w/Tail Green & Blue Chrysanthemum w/Tail Glittering Big Willow Five Pieces Willow Red Stars w/1000Green w/Tail Yellow to Crackling Silver Crown to Red Silver Crown to Yellow 18 Vulcan Green PeonY w/Palm Core & Tail Red PeonY w/Glitt Coco Core & Tail Purple Peony w/Green Pistil & Pur Tail Vareigated Chrysanthemum WBlue Tail Spangle Chrysanthemum w/Red Tail Crack Flower Chrys w/Crack Tail 1/2 Yellow 112 Blue w/Blue Tail Orange to Blue Chrysanthemum Gold Wave Green Strobe Chrys 12 Yung Feng White Twinkling Chrysanthemum Variegated CYcas Bloom Green Chrysanthemum w/Crackling Golden Silk Chrysanthemum Red Cherry Blossom w/Tail Nishiki Kamuro Golden Gamboge to Blue Golden Gamboge to Green Silver Strobe Brocade Crown to Red Brocade Crown to Blue Ripples to Red Ripples to Blue Red Peony w/Strobe Pistil Color Flower Rain w/Silver Tail Glitt Silver to Green to Red Red and Spangle Chrysanthemum Silver Strobe w/Strobe Tail Multi Color Chrysanthemum Yellow to Crackling WCrack Tail Vareigated Color to Crack Flower Ruby Red PeonY Blue to Crackling Rain Crackling Palm Tree w/Crackling Tail Crackling Nishiki Kamuro Golden Wave to Purple Chrysanthemum Glittering Silver to Red Chrysanthemum Reddish Gamboge to Silver Chrysanthemum Nishiki Kamuro Niagra Falls Silver Willow Mad Bomber Fireworks Productions Oqk Brook 3 INCH SHEttS * moinbodv 72 Wizord Brond Silver Strobe Glittering Sil to Red w/Blue Pistil w/Sil Toil USA Style Titonium Whistle Connister Glittering Sil to Blue w/Red Pistil w/Sil Toil Red io Crockling Chrysonthemum Bowtie w/Ring w/Sil Toil Blue cycos w/ Gold Toil Green Peony w/Purple Pistil w/sil Toil crockling spider to Yellow w/silver Toil Red chrys w/Blue Pistil w/Gold Toil Silver to Green io Blue Peony w/Gold Toil Gliiiering coconut w/Glittering Toil Red to Blue Peony w/Coco Pisiil w/ Sil. Toil New Roinbow Color Dohlio Gold Silk w/Gold Toil Blue USA Style Connister Purple chrys. w/coco Pistil w/Sil Toil RWB Peony to crock chrys w/Gold Toil Green to Flosh w/Coco Pistil Glittering Silver to Blue Blue to Red Flosh Yellow Chrys w/Coco Pistil w/Sil Toil Brocode Crown w/Blue Pistil Mogento Peony w/Polm Core RedCycosBlossoml/2Redll2BlueChrysonthemum Purple Peony w/Gold Coco Pistil Red White & Blue Peony Firefly Woterfoll w/Firefly Toil Red to Crockling silver Potm Tree w/Silver Toil silver Peony w/Green Pistil Green Peony w/Coco Pistil Gold Spongle w/Purple Pistil Gittering Silver to voreigoted silver Fish w/BlueRing 6 Tilonium Scllule 3 1NCH SHELLS Mod Bomber Fireworks Productions 24 Ook Brook 4 INCH SHEttS * moin bodY Jinshon Red Peony w/Red Toil Red Chrysonthemum w/toil Blue Chrysonihemum w/Toil Glittering Big Willow Five Pieces Willow Red to Crockling Yellow to Crockling Silver Crown to Red Silver Crown to Yellow Guondu Green Peony w/Polm Core & Toil Red Peony w/Glitt Coco Core & Toil Purple Peony w/Green Pistil & Pur Toil Voreigoted Chrysonthemum w/Blue Toil Spongle Chrysonthemum w/Red Toil crock Flower chrys w/crock Toil l/2 Yellow l 12Blue w/Blue Toil Color Wove w/Silver Toil Gold Wove Green Strobe Chrys Golden Gomboge to Blue Golden Gomboge to Green Silver Strobe Brocode Crown to Red Brocode Crown to Blue Ripples to Red Ripples to Blue Red Peony Wstrobe Pistil Red Peony wCrockling Pistil Glitt Silver to Green to Red Red ond Spongle Chrysonthemum Silver Strobe w/Strobe Toil Brocode Crown to Crockling w/Crock Toil Yellow to crockling w/crock Toil Voreigoted Color to Crock Flower Green Ring w/Green Toil crockling willow w/Gold Toil Crockling Polm Tree w/Crockling Toil Mod Bomber Fireworks Productions 24 Ook Brook 4 INCH SHETLS * moinbodv 36 Wizord Brond Blue to Flosh w/coco Pistil Gliitering sil to Red w/Blue Pistil w/Sil Toil Blue Cherry Blossom w/ Silver Toil Glitiering Sil to Blue w/Red Pistil w/Sil Toil Brocode Crown w/Silver Toil Bowtie w/Ring w/Sil Toil BlUeCycosw/GoldToilGreenPeonyw/PurplePistilw/SilToil CrocklingSpidertoYelloww/SilverToilRedChrysw/BluePistilw/GoldToil silver to Green to Blue Peony w/Gold Toil Gliltering coconut w/Glittering Toil Red to Blue Peony w/coco Pistil w/ Sil. Toil New Roinbow color Dohlio Gold Silk w/Gold Toil Blue USA Style Connisier Purple chrys. w/coco Pistil w/sil Toil RWB Peony to crqck chrys w/Gold Toil Green to Flosh w/Coco Plstil Gliitering Silver to Blue Red cherry Blossom Yellow chrys w/Coco Pistil w/sil Toil Brocode Crown w/Blue Pistil Mogento Peony w/Polm Core RedCycosBlossoml/2Red|l29lvechrysonihemum Purple Peony w/Gold Coco Pistil 3 Concentric Ring Crockling Nishiki Komuro Red to Crockling Silver Polm Tree Wsilver Toil Silver Peony w/Green Pistil Green Peony w/Coco Pistil Gold Spongle w/Purple Pistil Giitering Silver to Voreigoted Silver Fish w/BlueRing Mod Bomber Fireworks Productions Ook Brook 5 INCH SHEttS * moin bodv l8 Jlnsheng Chrys w/Rthree Section Time Roin w/Coco Pistil Blue Peony to Brocde w/Polm Core Red Strobe w/Blue sky w/Rising Toil Flower wove to Purple w/Rising Toil silver coconut w/ Glittering Glittering silver to Blue to Green Sun Ring w/ Rising Toil Green Cherry Blossom Double Holf Red to Red Red Peony w/Rising Toil YellowCycosw/RisingToilYellowPeonyw/GreenPistil Red to Green Crossette Ring Green to Flickering SilverWovew/SpeciolGreenStrobeRingw/MultiColorFlower ThousondRedw/TimeRqinKoleidoscopew/Woterfoll l8 Dominolor Color Diodem w/Gold Toil Eight Heorts w/Rising Purple Flowers Gold Silk Chrysonthemum Revolving Drogons w/Blooms Golden willow w/Flore Moons Thousond color Titonium solutes ColorPolmTreew/CrownFlowerssilverCrossetteinRed&BlUePeony NishikiKomurow/ColorTipsNishikiKomurow/NiogroFolls Mod Bomber Fireworks Productions Oqk Brook 5 INCH SHEttS * moinbodv 36 Wizord Glitt Sil io Red w/Blue Pistil Ti Whistle Ring w/Red & Blue Connister Shell Red crossette Polm Tree w/toil Glitt Sil to Blue chrys w/Broc Red Pistil Sitver Crossette Polm Tree w/Toil Brocode woterfoll w/Silver Leoves Gold crossette Polm Tree w/Toil Gold coconut io Green Flowers Giont Brocode Crosseite Polm Tree Giont Gold Octopus w/Red Eyes & Bro Ring Five concentri Ring Giont Green Peony wBrocode Ring Gold Strobes w/toil Gold Chrys w/Roinbow Ring l/2 Red l12Blue chrysw/ Broc cross Pistil Gold crossette Polm w/Trunk Soturn Gioni Red Peony w/Brocode Ring Gliltering Silver Sil to Blue Chrys w/Red Pistil Red Peony w/Blue Pistil Blue to Green Peony w/coco Pistil Red to Blue Peony w/Coco Pisiil Three Ring w/Pistil Brocode to Red to BIue Chrys Schreecher Connister Gold Peony w/Blue Pistil RWB Peony w/Coco Pistil Red Strobes w/Toil Green Strobes w/Toil Giont Z Willow Polm w/Z Willow Toil Gold Crossette w/Gold Sirobe Pistil Glitt Sil to Blue Chrys w/Brocode Pistil Gold willow to Purple w/Peony Cenier Giont Golden ociopus w/Toil Green Peony w/crockling Pistil Brocode crown w/Broc crossette Pistil 12 Phoenix Chrysw/RedtoGreenRingsilverCrownw/SmollRedFlowers Silver Crockling Polm Tree Ripples to Voreigoted Wove Purple Wove Crockling to Sil Crossette Red Flower Roin Chino Storm Gold Wove to Aquo White Strobing Smiley Foce Yellow PeonY Brocode Butterfly Red to Purple to Green Peony Seo Blue ond Lemon Dohlios Red Peony w/Glitt Gold Polm Tree Core Blue Polm Tree Gold Wove to Red to Green Blue Peony w/Silver core Green to Yellow w/Yellow to Green Pist Gold Diodem Willow Yellow Peony w/Blue Polm Tree Core Gold wove to Purple to Green silver Wove to Green to crockling Mod Bomber Ook Brook 6 INCH SHEttS * moin bodY 9 New Yeor coscoding corollo Yellow to Green to Yellow w/Green Pisiil Green w/Yellow Pistil ond Rising Flowers Corollo w/Blue to Red Pistil Multi Color cycos w/Rising Siem silver Glittering w/Red to Blue Pistil Red Chrys to Corollo WRising Toil Blue Chrys to White Strobe Blue to Red with Silver Pistil Red Chrys to White Strobe 9 Yuon Yeng Oronge Chrysonthemum Gold Brocode Crosseite Red ChrYsonthemum Blue Chrysonthemum Green Chrysonthemum I Konlo Red ond Yellow Sunflower Silver Polm w/Rising Toil Forfollo w/Multi Color Multi Color Howling Wolf Red ond Blue w/Rising Toil Silver Chrysonlhemum Yellow Chrysonthemum Red to Blue to White Peony Yellow ond Green PeonY Glitiering Oronge Woteroll Multi Color Poinsetto Silver Wove to Crockling Color 1/2Lemon i /2 Lime w/Toil 1 /2 Red 1 /2 Blue White Pistil Violet w/Green Pistil Mod Bomber Fireworks Productions Ook Brook 8 8 INCH SHETLS x moin body Brocode Purple Flickering w/Gold Strobe Pistil Brocode newNew color Pistil Gold Wove to Purple to Red w/Pistil Gold crown w/Koleidescope Pist Crock Nishiki Komuro w/Pistil color Koleidescope w/Glitt Pistil Eight Heorts w/Rising Leoves Purple 8:NCH SHELLS Ook Brook Finqle 144 2.5" Assorled Color Peonies 288 Silver Comels 288 3" Finole Shells Domlnolor Color Finole Dominolor SPecioltY Finole Kqnlo Mog Color Finole Konlo Comel ond Color Finole Konlo Premium Color Finole Wizord Color Finole Wizord Speclolty Finole Wizord Glitterlng Silver Flnole Guondu Iilonlum Solules 12 4" Finqle Shells Vulcon Color Finole Wlzord Color Finole Konlo Color Finole 8 S" Assorted Peonies ond Chrysonlhemums 4 6" Assorled Peonies ond Chrysonlhemums 6 5" Gold Nlshikl Komuro 2 6" Gold Nishiki Kqmuro Mod Bomber Fireworks Productions Fづ I多 ヽ「%爾 ;bθF 7153-650-5 Fo aII Io l劇 犠 競 tた cSc Presents Sttaご J Come Crectご ngI みルSSθ 予慟づナのSθ θ “ lα 7 o/S協 オθO/油 θS協 惚o/1J″三雀θれ′ο力 `認 by C′鷲稔洗αII α解ナたιたθι″θr o/ナ た`“εθだSO/滋 θ Dι ″αγtrt`π ι O/ B,sttι ss S`鬱 イcgs.I θcFオ稔 幾αオ MIAND,INC.,INCORPORATED IN INDIANA AND LICENSED TO・ 1`RANSACT BUSINESSIN THIS STATE ON JANUARY 31,2018,APPEARS TO HAVE COWIPLIED WITH ALL THE PROVIS10NS OF THE BUSINESS CORPORAT10N ACT O「TIIIS STATE,AND AS OF THTS DATE,IS A FOREIGN C9RPORAT10N IN G00D STANDING AND AtJTHORIZED T0 TRANSACT BUSINESSIN THE STATE OFILLINOIS, ルtinttBι irnonJ ttere9ん Iヵ `“ オθ SCr 窮yた α“グタ筵′θα“ s`オ θわθ刀算χι′幾ιG“αtt S′αl o/ 働θS協 オιo/111J“θお′滋IS 25TH ″αソげr FEBRUARIY A.D。 2021 。6Authentication#1 2105603678 VeHiab:●tlnti1 02/25/2022 Authenticalo at httptil螂 .cyberd“ve"綱 nOiS COm SECRETARY OF STATE STATE OF ILLINOIS OFFICE OF THE STATE FIRE MARSHAL DIVIsloN OF FIRE PREVENT10N 1035 StevensOn Drive e sprin爵 lld,IL 627034259 Py/Orecヵ ″たoた 麟治"ね ″上たerse PLANEtt PRODUCTlo‐NS/MAD BOMBER FIREWORKS 3999 E HUPP RD BLDG R-3‐1LA PORttE,IN 46350 IL06‐OF‐00o29 05ノ 15ノ2024 License #ISSUE DATE OP EXPIRATION DATE This license may be revoked by the Office of the State Fire Marshal for failure to comply with the lawful rules regulating this program. STATE F,RE MARSHAL Matt perez lllinois Department of Natural Resources Oper #: 2166 PLANET 3999 HAS PAID ttHE ・ ‐1.` EfFective Certificate No.18866 Last day of February,2A22 Office of Minea and Minerals and Minerals uNrrE》駐 ATES OIF AMERICA ・ DEPARTMENT OF TRANSPOnTATIOIN PIPELtt AND EAZARDOUS MATEttLSSAFETY AD―STRAT10N HAZARDOUS MATERIALS CERttCATE OF RECISTRAT10N FOR REGISTRAT10N YEAR(S)2019‐2022 Rryistrrnt: MIAI{D INC DBA PLANET PRODUCTIONS ATTN: Kelley Hatfiold TurleY 3999 HUPP ROAD, BUILDING R.3.1 LA PORTE,IN 46350 This ccrtifics t}at tho r*gistraat is registered with the U.S. Deporment of Trarsportstion as reguired by 49 CFR Part 10?, Subpart G' l1is certi$csfe is issilsd rmder thE au&ority of 49 U.$.C. 5i08. It is rmlawfirl to alttr or falsify this document. Rcg. No: ffi24195502318p Effective: July 1,2S19 Expiresr Ja5re30,2ffi HM Comprny Itrr 38f54 [ceord K*piag R*quiremcdr for thc Begirtrrti*n Progrrna Thc followiag mrr6t bs maintained at the principal place of bugincss for a pcriod of three years from tIrc da*e of issuxrce of tlis Certifieatc ofRqistrdion: (1) A aofv of &e registatioo stetcln€nt filsd wi& PHMfiA; and (2) fhis Ccrtificate of Rsgistration Eaclr peison subjed b the regisEation requircmcnt must fumish &at person's Cortificats of Registntion (or a mpy) and atl odrer rerords and information portaining to the information oontained in dre rcgistratiorr stmmefit to an aufhorizd represqltativp or special ageirt of thc U. S. Departnsrt of Transportcion upon requs$t. Each motm carrier {privato or for.hire) and cach vessel operatot subject to &t registration requiremant must kep a Eopy ofthc ounent Ccrtifiom of Rcgistration or aaother doounrcnt bearing thc rcgisaation nuraber identifiad as thc .U.S. DOT llsrsnat ltcg. No.* in eseh truak and truck tractor or vcssel (trailcrs aad serni-trailc$ rot iaoludcd) used ro transport hiz8rdous matErials eubject to the registration requirunerrt. The Cortificate ofRrgistration or dooument bearing the rcgisfation numbcr must be madc anailable, upon rcqu€st, tio enbrEcment personnel' Fsr information, coqtad the llaeardous ldattrials Rogi*ration lvlanager, PH!I-SZ, Pipcline and Haadous Matc.rials Safcry Adrninistration, U.S. Departmsnt of Trarsporution, 1200 Ncw Jerscy Averrue; 38, Washington, DC 20590, talephone (202) 366-4109' ー U. S. Departnent of Justice TnS and Expl軸 澪 響 要型 OJV∝L軸 se/Pem鸞 FCd,口 取 ,wv 25405‐9411(FEr.c) ----:: PLANET PRoD/MAD 8oM,F轟 Ⅲ熟 111轟 TM^I DIs: ヵpeoru颯 1撻 。rpenm壽 5,I-IMPOETER OF EXFL Orthe Feda餞i a ttue PIntcd面 :鳳 n略 壼脱趙 v::絆 15 Ptt I ofany changes.) Client Name Report Name As of Date T.H.E. lnsurance Company Carrier Loss Run 11-07-2021 鑢 sedgwick、 As of Date:11-07-2021 F∥ter Name:MIAND INC Run Date:11‐08‐2021 T,H.E.:NSURANCE COMPANY Carrier Loss Run Clmt Name (LasLFirst) WC Cim Type File Num Date of Loss Clm Stat Desc Date Rep to lnsured Cause Cd Desc Nature/Result Desc Pd:nd Fut Res!nd Pd Med Fut Res Med Pd Exp/oth Fut Res Exp Tot Paid Tot Fut Reserves Tot lncDate Clm Closed Date Reo to Sedqwick State/Province of Loss Tot Recov lnc lnd lnc Med lnc Exp Po:icy Number‐Carrier Namell■sured Name CPP010529901‐T.H.E:NSURANCE COMPANY,MlAND,:NC. Carrier Policy Period 20170204(02r04′2017T002′04r2018) 175884‐1lPD-1 07/05′2017 Closed 07/27′2017 08/22′2017 07/27ノ 2017 178613‐1lPD-1 07/04/2017 Closed 03/09/2018 09ノ26′2019 03′09/2018 20170204(0204r2017T002r04r2018)TotalS CPP010529901‐TH.E:NSURANCE COMPANY,MIAND,:NC.Totals 176002‐1181-1 08′01/2017 Closed 08′02/2017 03/10/2018 08′02′2017 1N MISCELLANEOUS BVPD Not Provided/NOC/lnsufrlcient Data Not Provided/NOCЛ nsuf「lcient Data Not P「ovidedノ NOCノ insufrcient Data M: M:SCELLANEOuS BrPD Not Providedノ NOC/1nsuttcient Data lN SPASOFF,NICK 000 」OHNSON,DAWN 000 MAIDENBERG ASSOC:ATES LLC 000 000 000 000 000 000 2,93095 000 2,93095 000 000 000 2,930.95 0.00 2,930.95 2,930.95 000 2,930.95 000 000 000 000 000 000 000 000 000 000 0.00 0.00 0.00 0.00 0.00 000 000 000 000 000 000 000 000 000 COUNT: 0.00 0.00 0.00 COUNT: 0.00 0.00 0.00 000 000 000 2,93095 000 2,93095 000 000 000 2,930.95 0.00 2,93095 2,930.95 0.00 2,930.95 Confidential lnfomation. Any a@essing, acquisition, eview, retEnsmission, dissemination or other use of, or taking of any action in reliance upon the Sensitive lnfomation by peFons or entities other than an Authorized Recipient is stdctly prchibited. Page 3 Of T.H.E.:NSURANCE COMPANY Carrier Loss Run As of Date:11‐07‐2021 F∥ter Name:MIAND INC Run Date:11‐08-2021 鶴 sedgwick. F∥e Num Date of Loss Clm Stat Desc Date Rep to lnsured Cause Cd Desc Nature/Result Desc Clmt Name (LasLFirst) WC Clm Type Pd ind Fut Res ind Pd Med Fut Res Med Pd Exp/Oth Fut Res Exp Tot Paid Tot Fut Reserves ict slrL/PDnBolLo!! TolR@ lnclnd lncE Tol hc Po:icy Number‐Carrier Name,lnsured Name CPP0105299021T.H.EINSURANCE COMPANY,MiAND,:NC. Carrier Po∥cy period 20180204(02′04r2018T002′04r2019) 181646‐51CL‐1 02′01/2019 Closed 02/12/2019 04ノ23/2020 02ノ 12/2019 179859-51CL‐1 07′20ノ2018 CIosed 07/23/2018 06′25′2020 07/23ノ 2018 179859‐1lPD‐2 07/20/2018 Closed 07/23/2018 06/25/2020 07ノ 23/2018 20180204(02r04′2018T002f042019)TOta:s Damaged Vehicle D€nted IN Damaged Vehicle Dented OH Damaged Vehicle Cracked OH MIAND INC MiAND INC 0.00 Geico lnsurance 000 0.00 000 000 000 86800 000 86800 1,52575 000 1,52575 COUNT: 2,393.75 0.00 2,393.75 COUNT: 2,393.75 0.00 2,393.75 99433 000 99433 86800 000 86800 8,64575 000 8,64575 10,508.08 0.00 10,503.08 10,508.08 0.00 10,508.08 99433 000 99433 000 000 000 7,12000 000 7,12000 8,114.33 0.00 8,114.33 8,114.33 0.00 8,114.33 000 000 000 000 000 000 000 000 000 0.00 0.00 0.00 0.00 0.00 0.00 CPP010529902‐T.H.E:NSURANCE COMPANY,MIAND,:NC Tota:s Confidential lniomation. Any a@$ing, acquisition, Eview, .etEnsmission, dissemination or othor u$ of, or taking of any aclion in reliane upon tha Sonsiiive lnfomation by pemns or entities other lhan an Authorized Reclpient is stic-tly prchibiled. Page 4 TH.E.lNSURANCE COMPANY Carrier Loss Run 総 sedgwick. Name:MIAND File Num Date of Loss Clm Stat Desc Date ReP to lnsured Cause Cd Desc Nature/Result Desc Clmt Name (LastFirst) WC Clm Typ€ Pd lnd Fut Res ind Pd Med Fut Res Med Pd Exp′oth Fut Res Exp Tot Pald Tot Fut Reserves naぃ c:m c10sed Date Reo to Sedowick Stateノ Province of Loss TOt Recov :nc lnd inc Med inc Exp Tot inc Po∥cy Number‐Carrier Name,lnsuredlName ELP001210400‐TH.EINSURANCE COMPANY,MIAND,lNC. Carrier Po:icy Period 20160204(02/04r2016T00″04/2017) No records found 20160204(0204r2016T00204r2017)TotaiS ELP001210400‐T.H.EINSURANCE COMPANY,M:AND,lNC.Tota:s 0100 0.00 0.00 0.00 0.00 0.00 0:00 000 0.00 0t00 0.00 0.00 0.00 000 COUNT: 0.00 0.00 0.00 COUNT: 0.00 000 0.00 0.00 000 0、000 0.00 0.00 0.00 Conlidential lnlomation. Any accessing, acquisition, 6view, ret€nsmission, disseminatlon or other use of, or taking of any action in reliance upon the Sensitive lnfomalion by peEons or entilies other lhan an Authorized Recipient is strictly prohibited Page 5 Of TH.E.INSURANCE COMPANY Carrler Loss Run As of Date:11‐07‐2021 F∥ter Namel M:AND:NC Run Date:11‐08‐2021 F∥e Num Date of Loss Clm Stat Desc Date Rep to lnsured Cause Cd Desc Nature/Result Desc Cimt Name (LastFirst) WC Clm Type Pd lnd Fut Res ind Pd Med Fut Res Med Pd Exp/Oth Tot Pald Fut Res Exp Tot Fut Reserves sr.i.,P6!in60rl6 rorR@ hcMod hcEo te! lrc Po∥oy Number‐Carrier Name,lnsured Name EL'001210401‐T.H.EINSURANCE COMPANY,M:AND,INC. Carrier P01'Cy period 20170204(02ノ 04r2017T00204/2018) No records found 20170204(02f04′2017T002r0412018)TotalS 0.00 000 0100 000 000 0.00 0.00 0.00 0:00 0.00 0.00 0.00 COUNT: 0.00 000 0.00 COUNT: 0.00 0.00 0.00 000 0.00 0.00 0.00 0.00 0.00 ELP001210401‐T.H EINSURANCE COMPANY,M:AND,:NC.Totals 0.00 Confidential lntomation. Any accessing, acquisition, review, retGnsmission, dissemination or other use ot, or taking of any action in relian@ upon the Sensitive lnfomation by pecons or entities other than an Aulhorized Recipient is stric{y pohibited. Page 6 Of 畿 sedgwick, As of Date:11‐07‐2021 F∥ter Name:M:ANDINC Run Date:11-08‐2021 File Num Clm Stat Desc Date Rep tO lnsured DlbclmcLi..d Dai. R.D ti s€norrlc]( st t /PBinEorr4s TorR@ hclnd lnc M.d lrcEb Tol l.c Date of Loss Cause Cd Desc Nature/Result Desc T.H.E.:NSURANCE COMPANY Carier Loss Run Clmt Name (LastFirst) WC Cim Type Pd lnd Fut Res lnd Pd Med Fut Res Med Pd Exp/Oth Fut Res Exp Tot Pald Tot Fut Reserves Po∥cy Number‐Carrier Name,:nsured Name ELP001210402‐T.H.E:NSURANCE COMPANY,MIANp,:NC. Carrier Policy period 20180204(02′0412018T002r04r201‐9) No records found 20180204(0204′2018T002r04J2019)TOtals ELP001210402‐T,H.ElNSURANCE COMPANY,MiAND,:NC.Totals 0.00 0100 0100 0.00 0:00 0.00 0100 0.00 000 0,00 0100 0100 COUNT: 0.00 0.00 0.00 00UNT: 0.00 0100 000 0.00 0.00 0.00 000 0.00 0.000_00 Confidential lnfomation. Any a@essing, acquisition, cview, relransmission, dissemination or other use of. or taking of any action in reliance upon the Sensitive lnfomation by pereons or entities other than an Authorized Recipient is strictly prohibiled Page 7 T.H.E.:NSURANCE COMPANY Carrier Loss Run 翁 sedgwick, As of Date:11‐07‐2021 F∥ter Name:MIAND:NC Run Date:11‐08-2021 中 ― File Num Date of Loss Cause Cd Desc Cimt Name Pd lnd Pd Med Pd Exp′cDth Tot Pald Clm Stat Desc Date Rep to Insured Nature/Result Desc (Last First) WC Clm Type Fut Res lnd Fut Res Med Fut Res Exp Tot Fut Reserves Date Cim Closed Date Rep tO sedgwick State/Province of Loss TOt Recov lnC lnd lnc Med lnc Exp Tot lnc Grand Totals COUNT: 8 2,560.25 21,248.54 0.00 0.00 2,560.25 21,248.54 18,688.29 0.00 0.00 10,688129 0.00 0.00 0100 Confidential lnformaiion. Any accessing, acquisition, review, retransmission, dissemination or other use of. or taking of any action in reliance upon the Sensitive lnfomation by peEons or enlities olher than an Authorized Recipient is strictly prohibiled. Page 8 of 8 lnsured: Policy Number: Policy Period: Cancel Date: LOB: MlAND:NC.DBA PLANEtt PRODUC丁 S:8GL01460 02ノ 04/2021¨02/04/2022 General Liab∥ity EVEREST LOSS RUN as of Oct15 2021 :録 塁ヽヽ.Rl:Sヽ Claim Number Claim Status Closed Date Date of Loss Description of Loss Date Reported Cause of Loss Days Between Loss State/Loc-Veh Num Claimant Name Driver/Class Cd Loss Subline lndemnity Paid Medical Paid lndemnity Reserve Medical Reserve lndemnity lncurred Medical lncurred Expense Paid Expense Reserve Expense lncurred Subrol Deductible/ Total Paid Salvage Recovery Total Reserve Total lncurred A2128517/ 4A2107322D 20001 0PEN 07ノ 04/2021 07ノ 21/2021 17 CLAIMANT HAS ALLEGED THAT DA∨iS,」ARED HE SUSTAINED AN EYEIN」URY AS A RESULT OF DE lL/0000006 000 5,00000 5,00000 0.00 000 0.00 000 000 000 000 5,00000 5,00000Premises/Operations Liabinty A2128519/ 4A 2107357140001 CLOSED 08/11/2021 07/04/2021 07/22/2021 18 CLAIMANT:S CLAIMiNG EYE DAMAGES SUSTAiNED AS A RESULT OF F!REWORK DEB ILノ 0000006 DAViS,」ARED Premises/Operalons Liabi∥ty 000 000 000 000 000 000 000 000 000 000 000 000 000 000 SLrb Total for SubLine: Premises/Operations Liability : 2 000 5,00000 5,00000 000 000 000 000 000 000 000 000 000 5,00000 5,00000 Sub Total for Line Of Business: General Liability : 2 0.00 5,00000 5,000.00 000 000 000 0.00 0.00 000 000 000 000 5,00000 5,00000 Sub Total for Policy Number: S18GL01460-211 : 2 000 5,00000 5,00000 0.00 000 000 0.00 5,00000 5,00000 Run Date:11/2/2021 Page No 1 of 3 000 000 lnsured: Policy Number: Policy Period: Cancel Date: LOB: MiAND iNC.DBA PLANET PRODUCT Si8GL01460 02/04/2020-02/04/2021 EVttREST LOSS RUN as of Oct15 2021 番VtR墨 :ヽ Claim Number Claim Status Closed Date Date of Loss Description of Loss Date Reported Cause of Loss Days Between Loss State/Loc-Veh Num Claimant Name Driver/Class Cd Loss Subline indemnity Paid Medical Paid !ndemn"y Reserve Medical Reserve indemnity incurred Medicai incurred Expense Paid Expense Reserve Expense lncurred Subro/ Deductible/ Total Paid Salvage Recovery Total Reserve Total lncurred No Claims forthis Policy Pe“od 000 000 000 000 000 000 000 000 000 000 000 000 000 Sub Tctalfor SubLine:10 000 000 000 000 000 000 000 000 000 Sub Total for Line Of Business: : 0 000 000 000 000 0.00 000 000 000 000 000 Sub Totalfor Policy Numberi Si8GL01460-20110 000 000 000 000 000 000 000 000 000 000 Run Date,11/2/2021 Page No 2 of 3 000 000 000 lnsured: Policy Number: Policy Period: Cancel Date: LOB: M:AND:NC DBA PLANET PRODUCT Si3GL01460 02/04/2019-02/04/2020 EVEREST LOSS RUN as of Oct15 2021 √/″R■Sヽ Claim Number Claim Status Closed Date Date of Loss Description of Loss Date Reported Cause of Loss Days Between Loss State/Loc-Veh Num Claimant Name Driver/Class Cd Loss Subline lndemnity Paid Medical Paid lndemnity Reserve Medical Reserve lndemnitylncurred Medicallncurred Expense Paid Expense Reserve Expense lncurred Subro/ Deductible/ Total Paid Salvage Recovery Total Reserve Total lncurred No Ciaims forthis Policy Penod 000 000 000 000 000 000 000 000 Sub Totalfor SubL nei:0 000 000 000 000 000 000 000 000 000 000 000 000 000 000 Sub Total for Line Of Business: : 0 000 000 000 000 000 000 000 000 000 000 000 0.00 000 000 Sub Total for Policy Number: S18GL01460-191 : 0 000 000 000 0.00 000 000 000 Grand Total of Selected Years for Policy Number:S!8GL01460 1 2 000 5,00000 5,000.00 000 000 000 000 000 000 000 500000 5,00000 Run Date:11/2/2021 Page No 3 of 3 000 T.H.E.:NSURANCE COMPANY Design Your Own 3‐Line Deta∥ As of Date:01‐04‐2021 F∥ter Name:Nl1426‐ MIAND LOSS RUNS ① sedgwick゛ Acct Name Line Desc Policy Num Event Desc Struct Loc Code (03) File Num State/Province of Loss Date of Loss Date Rep to Sedgwick Clm Stat Desc Date Clm Closed Tot Pald Tol Fut Reserves Tot lnc Carrier Po:icy Period 20180204{02J04′2018T002r04r2019) Line Code And Coverage Code AL‐PD M:AND,!NC Auto Liab∥ity(3rd Pa"y) AL‐PD Totals Line Code And Coverage Code AU-CL M:AND,INC Auto(l St Party) MIAND,lNC Auto(lSt PaⅢソ)AuCL Tota:s CPP010529902 Nl1426 COLLIS10N DAMAGE OH CPP010529902 Nl1426 COLL:S10N DAMACE OH CPP010529902 Nl1426 COLLIS10N DAMAGE IN COuNT: COUNT: COUNT: COUNT: 179859‐1lPD‐2 07/20/2018 07r23/2018 Closed 06/25′2020 S 8,64575 S 000 S 8,64575 $ 8,645.75 3 0.00 S 8,645.75 07/23/2018 Closed 06/25/2020 S 86800 S 000 S 86800 02/1 212019 Closed 04/23/2020 $ 99433 S 000 S 99433 S l,862.33 179859‐51CL-1 07ノ 20/2018 181646‐51CL-1 02/01/2019 S O.00 S l,862.33 20180204(02′04′2018T002′04r2019)Totals Grand Totals S 10,508.08 S 21,24854 3 0.00 S 10,508.08 S O.00 S 21,248.54 Confidenlial lnformalion. Any accessing, acquisition, review, rgtEnsmission, dissemination or other use of, or taking of any aclion in reliance upon the Sensitivs lntormation by peGons or entili€s other than an Authorized Recipient is stric{y prohibited. Page4 of 4 T,H.E.:NSURANCE COMPANY Design Your Own 3‐Line Deta∥ As of Date1 01‐04‐2021 Filter Name:Nl1426- MIAND LOSS RUNS 翁 sedgwickr Acct Name Line Oesc Policy Num Event Desc Struct Loc Code(03) F∥e Num State′Province of Loss Oate of Loss Date Rep to Sedgwick Clm Stat Desc Date Clm Closed Tot Paid Tot Fut Reserves Tot lnc Carrier Poiicy Per:od 20160204(0204f2016T002′0472017) Line Code And Coverage Code AL‐PD M:AND,INC Auto Liab∥ity(3rd Pa") AL‐PD Totais Line Code And Coverage Code AU4L MIANO,lNC Auto(lSt Party) AuCL Totais MIAND,:NC Auto Liablity(3rd Pa∥け)CPP010529900 Nl1426 1V DAMAGED CLMT :N PROPERTY CPP010529900 Nl1426 :V DAMAGED CLMT IN PROPERTY CPP010529901 Nl1426 1V DAMAGED CLMT MI PROPERTY 171564‐1lPD-1 07′04/2016 07′14/2016 Closed 08/16′2016 S 3,27281 S 000 S 3,27281 S 3,272.81 COUNT: COUNT: COUNT: 3 0.00 S 3,272.81 171564‐41CL-2 07/04/2016 07/14′2016 Ciosed 12706′2016 20160204(02′04r2016T002J04r2017)TotalS Carrier p。∥cy period 20170204(0204′2017T002′04r2018) Line Code And Coverage Code AL‐PD 175884‐1lPD-1 07/05/2017 S 4,53670 0 000 S 4,53670 S 4,53670 S O.00 3 4,536.70 S 7,809.51 S O.00 3 7,809.51 07/27′2017 Closed 08/22/2017 S 2,93095 S 000 S 2,93095 Confidential lnfomation. Any accessing, acquisition, review, retEnsmission, dissemination or oth6r use of. or iaking of any a6{ion in reliance upon the Sensitive lnformalion by peGons or entities other than an Authorized Recipient is stric-tly prohibited. Page 2 of 4 T.H.E.:NSURANCE COMPANY Design Your Own 3‐Line Deta∥ As of Date1 01‐04‐2021 Fi∥er Name:Nl1426-MIAND LOSS RUNS Acct Name POlicy Num struct Loc Code(03) File Num Date of Loss Date Rep tO sedgwick Clm Stat Desc Date Clm Closed Line Desc Event Desc State/Province of Tot Paid Tot Fut Reserues Tot lnc @ sedgwick. AL‐PD Totals Line Code And Coverage Code GL-Bl MIAND,:NC Gene「al Liab∥ity GL‐81 Totals Line Code And Coverage Code GL-PD MIAND,INC General Liab∥ty CL‐PD Tota:s 20170204(02′0412017T002′04/2018)Totals CPP010529901 Nl1426 1N」URED/DAMAGE BY IN FIREWORK CPP010529901 Nl1426 1N」UREDノ DAMAGE BY :N FIREWORK COUNT: COUNT: COUNT: 176002‐1lB:-1 08/01/2017 07/04/2017 08′02/2017$03/09/2018S 2,930=95 0.00 0.00 2,93095S CIosedS $ Closed $ 2,930.95 03/10/2018 $ 000S 09/26′2019$0.00 000 2,98095 000 000 000 0.00 0.00 178613-1lPD-1 COUNT: Confid€ntial lnformation. Any accessing, acquisition, review, relransmission, dissemination or other usa of, or taking of any action in reliance upon the Sensitive lnformation by persons or €ntities other than an Authorized Recipient is stricfly prohibited Page 3