Loading...
20210607 AMENDED, FINAL COUNCIL AGENDA with ATTACHMENTS Monday, June 7, 2021 Closed Session – 6:30 p.m. Regular Session – 7:00 p.m. Room 102 CALL TO ORDER CLOSED SESSION SALE OF PROPERTY REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PUBLIC COMMENT (matters not on the agenda) ALDERMEN ANNOUNCEMENTS/COMMENTS MAYORAL ANNOUNCEMENTS/COMMENTS Motion to Extend Declaration of Civil Emergency CITY CLERK ANNOUNCEMENTS/COMMENTS MANAGER’S REPORT CITY ATTORNEY/GENERAL COUNSEL REPORT AS AMENDED 6/04/2021 CLOSED SESSION & NEW BUSINESS ITEM #4 A.& B. ADDED | CONSENT AGENDA 1. RESOLUTION R-95-21: Approving the 2021-2022 Annual Membership Renewal to the Northwest Municipal Conference (NWMC) in the Amount of $25,528.00. Budgeted Funds – Elected Office/Legislative/ Membership Dues. 2. RESOLUTION R-96-21: Waiving Bidding Requirements and Approving the Barracuda 995 Server Maintenance Agreement with SpeedLink, New Port Richey, Florida in the Amount of $59,820. Budgeted Funds – IT/R&M Equipment. 3. RESOLUTION R-97-21: Approving the Purchase of 52 Helix Brand Level II Ballistic Vests from Uniform Den East, Loves Park, Illinois in the Not-to-Exceed Amount of $25,740 to be Purchased with Federal Asset Forfeiture Funds at No Cost to the City. 4. RESOLUTION R-98-21: Awarding the Bid for Replacement of the Levee 50 Flood Gate Electric Operator to Low Bidder, Independent Mechanical Industries, Inc., Elk Grove, Illinois in the Amount of $83,700. Budgeted Funds – Water/Sewer. 5. RESOLUTION R-99-21: Awarding Bid for the 2021 Des Plaines Parking Structures Maintenance Repairs Contract to Low Bidder, J. Gill and Company, Tinley Park, Illinois in the Amount of $95,215. Budgeted Funds – City-Owned Parking. 6. RESOLUTION R-100-21: Awarding Bid for the 2021 Contractual Asphalt Milling and Resurfacing Repairs Contract to Low Bidder, Chicagoland Paving, Lake Zurich, Illinois in the Amount of $137,654.43. Budgeted Funds – Street Maintenance. 7. RESOLUTION R-101-21: Approving a Three-Year Renewal of Professional Services Consultant Contract with Kane, McKenna, and Associates, Inc. in the Not-to-Exceed Annual Amount of $30,000. Budgeted Funds – Economic Development/Professional Services/TIF Consulting. 8. RESOLUTION R-103-21: Approving and Authorizing the Request for Coronavirus State and Local Fiscal Recovery Funds Pursuant to the American Rescue Plan Act of 2021 9. RESOLUTION R-104-21: Approving a Professional Services Master Contract and Task Order No. 1 for Professional Engineering Services in the Amount of $140,000 with SPACECO, Inc., Rosemont, Illinois. Budgeted Funds – Capital Projects. 10. ORDINANCE M-8-21: Amending Title 4, “Business Regulations”, Chapter 4, “Liquor Control”, Section 4, “Classification of Licenses” of the Des Plaines City Code Regarding Liquor License Classes N and O for Riverboat Owner’s Licenses 11. Minutes/Regular Meeting – May 17, 2021 12. Minutes/Closed Session – May 17, 2021 | UNFINISHED BUSINESS n/a NEW BUSINESS 1. FINANCE & ADMINISTRATION – Alderman Artur Zadrozny, Chair a. Warrant Register in the Amount of $6,132,079.81 – RESOLUTION R-102-21 2. COMMUNITY DEVELOPMENT – Alderman Malcolm Chester, Chair a. Consideration of an Amendment to an Existing Conditional Use Permit for a Commercial Mobile Radio Service Facility to Expand and Upgrade Equipment for the Property at 1011 East Touhy – ORDINANCE Z-35-21 b. Consideration of a Conditional Use Permit for a Trade Contractor Use at 1628 Rand Road – ORDINANCE Z-36-21 c. Consideration of a Conditional Use Permit for a Commercially-Zoned Assembly Use at 1470-1476 Miner Street – ORDINANCE Z-37-21 d. Consideration of a Final Plat of Subdivision and Amendment to an Existing Planned Unit Development (PUD) for the Metropolitan Square PUD at 510 & 518 Metropolitan Way, 1440-1472 Market Street, and 1506-1524 Market Street – ORDINANCE Z-38-21 3. PUBLIC SAFETY – Alderman Sean Oskerka, Chair a. Consideration of the Purchase of an Alexis Mini-Rescue Apparatus Through HGAC Buy Contract #FS12-19 from Alexis Fire Equipment, Alexis, Illinois in the Amount of $223,430. Budgeted Funds – Equipment Replacement Fund – RESOLUTION R-63-21 (Tabled from May 17, 2021 City Council Meeting) 4. a. Consideration of an Intergovernmental Agreement with Oakton Community College for Use of Their Grounds for the Display of Fireworks on July 2, 2021 – RESOLUTION R-106-21 b. Consideration of an Agreement with Mad Bomber Fireworks Production for the Provision of a Fireworks Display on July 2, 2021 – RESOLUTION R-105-21 OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER ADJOURNMENT City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who requ ire certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibilit y of the meeting(s) or facilities, contact the ADA Coordinator at 391 -5486 to allow the City to make reasonable accommodations for these persons. MEDIA SERVICES 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5312 desplaines.org Date: June 4, 2021 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jennie Vana, Media Services Director Subject: Agreement with Oakton Community College for 4th of July Fireworks Issue: Attached for consideration and approval is an agreement between the City of Des Plaines and Oakton Community College allowing the City to use the Oakton Community College campus for a fireworks display to celebrate the Independence Day holiday. Analysis: The agreement sets forth each party’s duties and responsibilities for the use of Oakton Community College property for the fireworks display to take place on Friday, July 2, 2021. Recommendation: Staff requests that the City Council approve the attached resolution authorizing the City Manager to execute and the City Clerk to attest the agreement with Oakton Community College for the use of its property for the July 2nd fireworks display. Attachments: Resolution R-106-21 Exhibit A - Agreement MEMORANDUM Page 1 of 6 NEW BUSINESS #4A. CITY OF DES PLAINES RESOLUTION R - 106 - 21 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH OAKTON COMMUNITY COLLEGE FOR USE OF THE OAKTON COMMUNITY COLLEGE CAMPUS FOR A JULY 2, 2021 FIREWORKS DISPLAY._______________________________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City desires to host a fireworks display on July 2, 2021 for the public at the Oakton Community College Campus (“Event”) and Oakton Community College (“Oakton”) desires to grant the City permission to hold the Event; and WHEREAS, the City and Oakton propose to enter into an intergovernmental agreement to set forth their respective rights and obligations regarding the Event (“Agreement”); and WHEREAS, the City Council has determined that it is in the best interest of the City and the public to enter into the Agreement with the Oakton; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement with Oakton in substantially the form attached to this Resolution as Exhibit A, and in a final form and substance to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council authorizes and directs the City Manager to execute and seal, on behalf of the City, the final Agreement. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 6 PASSED this _____ day of ____________, 2021. APPROVED this _____ day of _____________, 2021. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: DEPUTY CITY CLERK Peter M. Friedman, General Counsel Page 3 of 6 Contract for Use of Facilities between the City of Des Plaines and Oakton Community College Agreement: The City of Des Plaines (the “City”) has permission to use the Des Plaines campus of Oakton Community College (“Oakton” or “the College”) (individually, the City and Oakton are a “Party” and, collectively, the City and Oakton are referred to as the “Parties”) for a fireworks display (the “Event”), at no cost to either the City or Oakton, subject to the terms contained herein. Time and Place of Event: The Event will take place on Friday, July 2, 2021, from 5 p.m. until approximately 11 p.m. The fireworks will be set over the lake and viewed by the attendees from various points across the College campus. Fireworks will begin approximately at dusk on July 2th and will last no later than 11:00 p.m. Limitations: 1.There is to be no access to or use of the acreage north of parking lot A (Oakton’s soccer fields). 2.There will be absolutely no access to Oakton’s indoor facilities for any reason. The City will notify Event participants, vendors and related personnel of this provision. The map attached to this Agreement indicates the areas in which activities will take place. Set-up: Set-up of the Event will begin on July 2 in the morning. The City will provide snow fencing around the perimeter of the fireworks and the City will provide personnel during the fireworks to ensure that this area is not used. A meeting is to be arranged in mid-June with the City staff and members of the College Facilities staff and the Office of Public Safety before any set up activity begins. This will permit both parties to clarify expectations and to discuss detail regarding needs. Oakton’s Facilities staff must be consulted regarding the location of equipment in order to prevent damage to underground power sources and sprinklers. The Event organizers will contact the College to establish a date and time for this meeting. Rain Date and Conditions: In the event of rain and cancellation of fireworks, a rain date fireworks display scheduled within six months of July 2, 2021 has been authorized. In the event that the City must postpone the Event, it is imperative that contact be made with the College immediately on July 2th. It is critical that this contact be made as quickly as possible so that personnel for the College can be coordinated for the rain date and so that the College is prepared to respond to questions of the public and media in regard to the rain date. Under this circumstance, the City will be permitted to leave the set up in place through July 3rd. However, the College will not be held responsible for the safety of this property. Additional efforts to secure this property and equipment are the responsibility of the City and must be coordinated with and conducted with the approval of the Oakton Community College Department of Public Safety. Exhibit A Page 4 of 6 Oakton Will: Personnel. Oakton will provide: •personnel to secure the interior of the building who are employees of the Oakton Police Department •an electrician, available the day/night of the event at a time specified by the City. Any additional Oakton personnel requested by the City (or as a result of an addition or change to this agreement) will be provided at the City’s expense. Available Services. Oakton will provide limited power to the Campus’ peninsula area to support the Event. •Water will be available only from one outdoor faucet, and a hose will be provided. •Oakton will activate the telephones located near the Lot D entrance doors outside the building so that Event patrons may make local calls at no charge. The City will provide fencing around the fireworks area the City will provide personnel during the fireworks to ensure that this area is not used. The City Will: Traffic Control. The City will be responsible for all aspects of traffic related to the Event, including orderly ingress and egress and parking. No one attending the Event will be allowed to park on the grass or any other unpaved areas, or on College or Circle Drives. Toilet Facilities. As there is no access to College buildings, the City will provide portable toilets and hand washing stations for Event patrons. Post-Event Clean-Up. The City will restore the Event site to a state comparable to its condition prior to the Event. The City will be responsible for removal of trash and debris after the Event; in addition, the City will survey the condition of the Event site early on the following day in the daylight. Any equipment that cannot be removed immediately after the Event, including but not limited to tents, tables and portable toilets, will be removed the day following the Event. Oakton’s Campus must be in suitable condition for its students, employees and visitors when Oakton re-opens for classes and regular business at 7 a.m. on Tuesday, July 6, 2021. Alcohol & Tobacco. The City will not allow anyone to sell, serve or consume alcoholic or alcohol-like beverages at the Event. Publicity will advise Event patrons that consumption of alcoholic beverages anywhere on Oakton’s Campus is prohibited. Retention Pond Safety and Maintenance. The City will be responsible for ensuring that all Event patrons, attendees and workers stay away from the retention pond on Oakton’s Campus and refrain from throwing rocks and debris in the retention pond. Of primary concern is the safety of Event patrons who may fall into or attempt to swim in the pond. Exhibit A Page 5 of 6 Hold Harmless and Insurance. The City agrees to defend, indemnify and hold harmless Oakton, its Trustees, officers, employees and agents, from and against any claims, suits, liabilities, costs and damages, including, without limitation, attorneys’ fees, arising out of or related to the use of Oakton’s Campus for the Event. The City and the pyrotechnician retained for the Event will each provide a Certificate of Insurance to Oakton, verifying that Oakton (properly known as “The Board of Trustees of Community College District No. 535, County of Cook, State of Illinois, a body politic and corporate”) is an additional insured under a general liability policy of at least $1 million with an insurance company acceptable to Oakton, insuring all parties against claims for bodily injury or death to any person who is on Oakton’s Campus as a result of the Event. College Contact and Coordinator: The City’s primary contact at the College will be Joe Scifo, Director of Facilities (847-635-1784) and the alternative contact will be Jeff Hoffmann, Chief of Police and Emergency Management (847-635-1881). Signature: On behalf of the City and the College the signatures below signify agreement to adhere to the conditions as set forth above and attached hereto. OAKTON COMMUNITY COLLEGE ACCEPTED: By: Name: Michael Bartholomew Title: For the City of Des Plaines Attachment: Map of Oakton Community College Des Plaines Campus Exhibit A Page 6 of 6 MEDIA SERVICES 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5312 desplaines.org Date: June 4, 2021 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jennie Vana, Media Services Director Subject: Approve Contract for Fireworks Display Issue: For the City Council to approve an agreement with Mad Bomber Fireworks Productions for a fireworks display on July 2, 2021 in Des Plaines. Analysis: At the request of the Mayor and several Aldermen, staff researched the feasibility of planning a fireworks display to celebrate Independence Day. One vendor, Mad Bomber, confirmed availability on Friday, July 2, 2021. Oakton Community College is allowing the City to use its campus subject to the terms outlined in the Intergovernmental Agreement (on the City Council’s June 7 agenda for consideration and approval). Mad Bomber will provide a 20-minute fireworks display for a total cost of $20,000. The City Manager’s Office, Police Department, Fire Department, Public Works and Media Services are coordinating the details and logistics for a safe and successful event. There will be other associated expenses with this event estimated at $15,000 for toilet facilities, fencing, signage, etc. Mad Bomber is a registered vendor with the City having previously contracted with the City for fireworks services in 2010. This vendor works with several other municipalities across the Chicago area and Northwest suburbs, including Bensenville, Northbrook and Libertyville. Recommendation: I recommend City Council approval of the attached agreement with Mad Bomber Fireworks Productions, located in Kingsbury, Indiana at a cost of $20,000. Source funding for the event will be from the General Fund Overhead City Sponsored Events account (100-90-000-0000.6502) Attachments: Resolution R-105-21 Exhibit A - Agreement MEMORANDUM Page 1 of 16 NEW BUSINESS #4B. {00120785.1} 1 CITY OF DES PLAINES RESOLUTION R - 105 - 21 A RESOLUTION APPROVING AN AGREEMENT WITH MAD BOMBER FIREWORKS PRODUCTION FOR A FIREWORKS DISPLAY. ______ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City is a home rule municipal corporation pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the City desires to host a fireworks display on July 2, 2021 (“Fireworks Display”); and WHEREAS, Mad Bomber Fireworks Productions (“Vendor”) submitted a proposal to provide the Fireworks Display in an amount not to exceed $20,000; and WHEREAS, the City staff recommends that the City enter into an agreement with Vendor for the provision of the Fireworks Display at the price proposed (“Agreement”); and WHEREAS, the City Council has determined that it is in the best interest of the City and the public to enter into the Agreement with the Vendor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement with Vendor in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the final Agreement from Vendor; provided, however, that if the City Clerk does not receive such executed copies of the final Agreement from Vendor within 30 days after the date of adoption of this Resolution, then this authority to execute and seal the final Agreement shall, at the option of the City Council, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. Page 2 of 16 {00120785.1} 2 PASSED this _____ day of ____________, 2021. APPROVED this _____ day of _____________, 2021. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Page 3 of 16 MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 PHONE (219) 393-5051 Toll Free (877) MAD-BOMB LAPORTE, IN 46350 FAX (219)393-3177 DES PLAINES, IL PROPOSAL JULY 2, 2021 MAD BOMBER FIREWORKS PRODUCTIONS IS PLEASED TO PRESENT FOR YOUR CONSIDERATION THIS EXCEPTIONAL PROPOSAL FOR A SPECTACULAR FIREWORKS SHOW TO BE PRESENTED FOR INDEPENDENCE DAY. FIREWORKS SHOW PROFESSIONAL PRESENTATION $20,000.00 INCLUDED $10,000,000 LIABILITY INSURANCE INCLUDED POST DISPLAY CLEANUP INCLUDED EARNEST MONEY DEPOSIT $WAIVED BALANCE DUE AFTER PRESENTATION $20,000.00 Mad Bomber Fireworks will also supply the following: 1.We will secure all permits. 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 hazmat material in a properly placarded vehicle. Randy McCasland, Director of Operations Attachment A Randall McCasland Exhibit A Page 4 of 16 Des Plaines IL Opening 36 2.5” Assorted Color Chrysanthemums and Peonies 12 3” Variegated Chrysanthemums 6 4" Assorted Peonies Mad Bomber Fireworks Productions Exhibit A Page 5 of 16 Des Plaines IL SPECIALTY BARRAGES 300 White Glittering Sky Blue 200 Color Xsette and Crackling Coconut Trees 180 Dragon Chrysanthemum to Color 200 Green Comet Xsette 300 Red White and Blue Angled Crossettes 300 Color Strobing Willows 200 Shot Silver Palm Clusters 200 R/W/B American Salutes 100 Red Wave to Glittering Silver Blue Core Mad Bomber Fireworks Productions Exhibit A Page 6 of 16 Des Plaines IL Specialty Stacks Gold Strobes 6 3" 3 4" Flower Crowns 6 3" 3 4" Crackling Nishiki Kamuro 9 3" 3 4" Different size shells breaking at multiple heights creating a stacking effect. Mad Bomber Fireworks Productions Exhibit A Page 7 of 16 Des Plaines IL 18 3" SPECIALTY SHELLS 3" Color Wolfs 3" Assorted Sky Mines 3" Silver Serpent w/Magenta 3" Peach Flying Stars 3" Whistling w/Color Stars 3" Banger Chartreuse 3" Red Sky Mines 3" Blue Comets 3" Blue Sky Min es 3" Diamond Screamer w/Color Stars 3" White Sky M ines 3" White Strobe Waterfall 3" Smile Face 3" Orange Strobe 12 4" SPECIALTY SHELLS 4"Cyan Sky Mine 4" Whirlpool Green Xsette 4" Whistle Red Stars 4" Whirlpool Red Xsette 4" Silver Flying Fi sh 4" Green Sound Ring 4" Aqua w/Silver Turbulence 4" Tourbillion w/Color Stars 4" Farfalla w/Magenta Stars 4" Diamond Screamer w/Color Stars 4" Assorted Color Wolfs 4" Lemon Xsette w/Time Rain 4" Multi Color Flying Stars 4" Ti Serpent w/Red & Blue to Report 4" Silver Serpent s w/Mag Colors 4" Ti Whistle Ring w/Lemon Mad Bomber Fireworks Productions Exhibit A Page 8 of 16 Des Plaines IL 24 3 INCH SHELLS Three Shot Volleys Silver Flying Fish Red Falling Leaves Green Strobe Green Falling Leaves Yellow Strobe Yellow Falling Leaves RWB Ring w/Mine Red Strobe Purple Falling Leaves RWB w/Brocade Mine Flower Crowns 18 4 INCH SHELLS Three Shot Volleys Poinsettas Red Strobes Half Red Half Silver White Strobes Cyan w/Magenta Pistal Crackling Willows Green to Orange Flower Crowns Color Flying Stars Gold Strobes Three shells shot simultaneously and spread across sky Mad Bomber Fireworks Productions Exhibit A Page 9 of 16 Des Plaines IL 3 INCH SHELLS 36 Pheonix Red Peony w/Red Tail Golden Gamboge to Blue Green & Purple Pe ony w/Tail Golden Gamboge to Green Green & Blue Chry santhemum w/Tail Silver Strobe Glittering Big Willow Brocade Crown to Red Five Pieces Willow Brocade Crown to Blue Red Stars w/1000Green w/Tail Ripples to Red Yellow to Crackling Ripples to Blue Silver Crown to Red Red Peony w/Strobe Pistil Silver Crown to Yel low Color Flower Rain w/Silver Tail 24 Yung Feng White Twinkling Chrysanthemum Crackling Nishiki Kamuro Variegated Cycas Bloom Golden Wave to Purple Chrysanthemum Green Chrysanthe mum w/Crackling Glittering Silver to Red Chrysanthemum Golden Silk Chrysanthemum Reddish Gamboge to Silver Chrysanthemum Red Cherry Blossom w/Tail Nishiki Kamuro Niagra Falls Nishiki Kamuro Silver Willow Mad Bomber Fireworks Productions Exhibit A Page 10 of 16 Des Plaines IL 3 INCH SHELLS * main body 72 Wizard Brand Silver Strobe Glittering Sil to Red w/Blue Pistil w/Sil Tail USA Style Titanium Whistle Cannister Glittering Sil to Blue w/Red Pistil w/Sil Tail Red to Crackling Chrysanthemum Bowtie w/Ring w/Sil Tail Blue Cycas w/ Gold Tail Green Peony w/Purple Pistil w/Sil Tail Crackling Spider to Yellow w/Silver Tail Red Chrys w/Blue Pistil w/Gold Tail Silver to Green to Blue Peony w/Gold Tail Glittering Coconut w/Glittering Tail Red to Blue Peony w/Coco Pistil w/ Sil. Tail New Rainbow Color Dahlia Gold Silk w/Gold Tail Blue USA Style Cannister Purple Chrys. w/Coco Pistil w/Sil Tail RWB Peony to Crack Chrys w/Gold Tail Green to Flash w/Coco Pistil Glittering Silver to Blue Blue to Red Flash Yellow Chrys w/Coco Pistil w/Sil Tail Brocade Crown w/Blue Pistil Magenta Peony w/Palm Core Red Cycas Blossom 1/2 Red 1/2 Blue Chrysanthemum Purple Peony w/Gold Coco Pistil Red White & Blue Peony Firefly Waterfall w/Firefly Tail Red to Crackling Silver Palm Tree w/Silver Tail Silver Peony w/Green Pistil Green Peony w/Coco Pistil Gold Spangle w/Purple Pistil Gittering Silver to Vareigated Silver Fish w/BlueRing 12 Titanium Salute Mad Bomber Fireworks Productions Exhibit A Page 11 of 16 Des Plaines IL 4 INCH SHELLS * main body 36 Guandu Red Peony w/Red Tail Golden Gamboge to Blue Red Chrysanthemum w/tail Golden Gamboge to Green Blue Chrysanthemum w/Tail Silver Strobe Glittering Big Willow Brocade Crown to Red Five Pieces Willow Brocade Crown to Blue Red to Crackling Ripples to Red Yellow to Crackling Ripples to Blue Silver Crown to Red Red Peony w/Strobe Pistil Silver Crown to Yellow Red Peony wCrackling Pistil Yuan Yang 18 Green Peony w/Palm Core & Tail Glitt Silver to Green to Red Red Peony w/Glitt Coco Core & Tail Red and Spangle Chrysanthemum Purple Peony w/Green Pistil & Pur Tail Silver Strobe w/Strobe Tail Vareigated Chrysanthemum w/Blue Tail Brocade Crown to Crackling w/Crack Tail Spangle Chrysanthemum w/Red Tail Yellow to Crackling w/Crack Tail Crack Flower Chrys w/Crack Tail Vareigated Color to Crack Flower 1/2 Yellow 1/2 Blue w/Blue Tail Green Ring w/Green Tail Color Wave w/Silver Tail Crackling Willow w/Gold Tail Gold Wave Green Strobe Chrys Crackling Palm Tree w/Crackling Tail Mad Bomber Fireworks Productions Exhibit A Page 12 of 16 Des Plaines IL 4 INCH SHELLS * main body 36 Wizard Brand Blue to Flash w/Coco Pistil Glittering Sil to Red w/Blue Pistil w/Sil Tail Blue Cherry Blossom w/ Silver Tail Glittering Sil to Blue w/Red Pistil w/Sil Tail Brocade Crown w/Silver Tail Bowtie w/Ring w/Sil Tail Blue Cycas w/ Gold Tail Green Peony w/Purple Pistil w/Sil Tail Crackling Spider to Yellow w/Silver Tail Red Chrys w/Blue Pistil w/Gold Tail Silver to Green to Blue Peony w/Gold Tail Glittering Coconut w/Glittering Tail Red to Blue Peony w/Coco Pistil w/ Sil. Tail New Rainbow Color Dahlia Gold Silk w/Gold Tail Blue USA Style Cannister Purple Chrys. w/Coco Pistil w/Sil Tail RWB Peony to Crack Chrys w/Gold Tail Green to Flash w/Coco Pistil Glittering Silver to Blue Red Cherry Blossom Yellow Chrys w/Coco Pistil w/Sil Tail Brocade Crown w/Blue Pistil Magenta Peony w/Palm Core Red Cycas Blossom 1/2 Red 1/2 Blue Chrysanthemum Purple Peony w/Gold Coco Pistil 3 Concentric Ring Crackling Nishiki Kamuro Red to Crackling Silver Palm Tree w/Silver Tail Silver Peony w/Green Pistil Green Peony w/Coco Pistil Gold Spangle w/Purple Pistil Gittering Silver to Vareigated Silver Fish w/BlueRing Mad Bomber Fireworks Productions Exhibit A Page 13 of 16 Mad Bomber Fireworks Productions Des Plaines IL 4 INCH SHELLS * main body 18 Jinsheng Chrys w/Three Section Time Rain w/Coco Pistil Red Strobe w/Blue Sky w/Rising Tail Silver Coconut w/ Glittering Sun Ring w/ Rising Tail Double Half Red to Red Yellow Cycas w/Rising Tail Red to Green Crossette Ring Silver Wave w/Special Green Strobe Blue Peony to Brocde w/Palm Core Flower Wave to Purple w/Rising Tail Glittering Silver to Blue to Green Green Cherry Blossom Red Peony w/Rising Tail Yellow Peony w/Green Pistil Green to Flickering Ring w/ Multi Color Flower Thousand Red w/Time Rain Kaleidoscope w/Waterfall 18 Dominator Color Diadem w/Gold Tail Eight Hearts w/Rising Purple Flowers Gold Silk Chrysanthemum Revolving Dragons w/Blooms Golden Willow w/Flare Moons Thousand Color Titanium Salutes Color Palm Tree w/Crown Flowers Silver Crossette in Red & Blue Peony Nishiki Kamuro w/Color Tips Nishiki Kamuro w/Niagra Falls Crackling Nishiki Kamuros Exhibit A Page 14 of 16 Mad Bomber Fireworks Productions Des Plaines IL Finale 150 2" Assorted Color and Salutes 216 2.5" Assorted Willows 180 3" Finale Shells Dominator Color Finale Dominator Specialty Finale Kanto Mag Color Finale Kanto Comet and Color Finale Kanto Premium Color Finale Vulcan Red White and Blue Finale Vulcan Twilight Glitter Finale Wizard Color Finale Wizard Specialty Finale Wizard Brocade Crown Finale Wizard Glittering Silver Finale Wizard Gold Cycs Finale Guandu Titanium Salutes 18 4" Finale Shells Vulcan Color Finale Vulcan Twilight Glitter Finale Wizard White Strobe Waterfall Finale Wizard Assorted Ring Finale Wizard Color Finale Kanto Color Finale Kanto Gold Brocade Finale Exhibit A Page 15 of 16 MAD BOMBER FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this 28th day of May , 2021 by and between Mad Bomber Fireworks Productions of Kingsbury, Indiana hereinafter referred to as Seller, and City of Des Plaines Herein after referred to as Buyer, of Des Plaines State Illinois Witness: Seller agrees to provide and Buyer agrees to purchase a Fireworks Display in accordance with the program agreed upon and as described in the Proposal attached to this Agreement as Attachment A.. Buyer will pay Seller a sum of $20,000.00 for said 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 ½% per month will be assessed on accounts not paid within thirty days of display date. Buyer agrees to pay any and all collection costs, including reasonable attorney’s fees and court cost incurred by Seller in the collection or attempted collection of any amount due under this agreement and invoice. Both Seller and Buyer mutually agree to the following terms, conditions, and stipulations: 1.Seller will present said Fireworks Display on the evening of the 2nd Day of July , 2021, 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 by Buyer for any reason of the Fireworks Display is 40% of the agreement price if Buyer chooses to not select another display date within six months of the original display date. 3.Buyer will provide a sufficient area for the Display, including a minimum spectator set back of 280’ feet at all points from the discharge area. Buyer will provide protection of the display by roping-off or other suitable means. Buyer will provide adequate police protection to prevent spectators from entering display area. Buyer agrees to search the fallout area at first light following a night display. 4.Seller reserves the right to terminate the Display in the event that persons enter the secured Danger Zone and Security is unable to secure the Danger Zone. 5.Seller agrees to provide Qualified Technicians that are employees of Seller and covered under Seller’s liability and worker’s compensation insurance policies 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 of any particular item on the proposal. 8.Seller and Buyer agree to included Attachments, if any. See Attachments:Exhibit A Both Seller and Buyer hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. Mad Bomber Fireworks Productions BUYER By By Randy McCasland, Director of Operations (Its duly authorized agent, who represents that he/she has full authority to Bind the Buyer.) Date Date Print Name Address Phone Exhibit A Page 16 of 16