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R-36-04 06/14/2004RESOLUTION A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS WHEREAS, pursuant to the provisions of 65 ILCS 5/8 -9 -1 the Village of Lemont may, by a vote of 2/3 of its Trustees then holding office, waive the requirements for public bidding; and WHEREAS, in connection with the work to be conducted as part of the July 3rd Fireworks Show, the Village has researched and evaluated the available options and contractors; and WHEREAS, it was concluded that the greatest benefit to the Village will be realized by waiving the bidding process and entering into an agreement with Brite Star Productions, Inc. for a Fireworks Show and related work in an amount not to exceed $20,000.00. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND MEMBERS OF THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL & DU PAGE COUNTIES, ILLINOIS that: Section 1: Incorporation of Recitals: The foregoing recitals are hereby expressly incorporated into and made a part of this Resolution as if fully set forth herein. Section 2: Waiver of Public Bid Requirements: Pursuant to the provisions of 65 ILCS 5/8 -9 -1 the Village hereby waives the public bidding requirements otherwise applicable to the contract for the July 3'i Fireworks show and related work. Section 3: Repealer: All other Resolutions or parts of resolutions of the Village of Lemont that are inconsistent with this resolution are hereby expressly repealed. Section 4: Severability: In the event any word, phrase, clause, sentence, paragraph, provision, or section of this Resolution or any portion thereof shall be held to be unconstitutional, unenforceable, or void, the same shall not affect the validity or enforceability of any remaining words, phrases, clauses, sentences, paragraphs, provisions, or sections thereof. Section 5: Effective Date: This Resolution shall become effective upon passage, approval and publication, in Book and Pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE F LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this f Day of , 2004 Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Ronald Stapleton Jeanette Virgilio Attest: 7 HARLENE SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT V v J PIAZZA, Village Pr BRITE STAR PRODUCTIONS, INC. 15623 W. 21ST STREET WADSWORTH, IL 60083 FIREWORKS DISPLAY CONTRACT WHEREAS, THIS AGREEMENT is made on this 7th day of June, 2004 by and between BRITE STAR PRODUCTIONS, INC. hereinafter referred to as the Party of the First Part; and the VILLAGE of LEMONT hereinafter referred to as the Party of the Second Part. Whereas, for and in consideration of all mutual covenants and considerations as attested to herein and after, both Parties hereto agree as follows. 1. The Party of the First Part shall provide unto the Party of the Second Part at approx. 9:30 p.m. on the 3rd of July, 2004 at a location known and approved by both Parties (as well as that of any Governmental entity having jurisdiction thereat), an exhibition of fireworks (also referred to as a Public Fireworks Display) 2. The Party of the First Part shall provide all freight, cartage, and transportation of equipment, material, and tools for said display, together with all necessary trained, experienced and licensed (where required by law) Pyrotechnic operators to setup and fire said fireworks display. 3. Both Parties agree to a postponement date of July 5, 2004, in the event of inclement weather preventing the display from occurring on the original date of said display. Further it is understood that the Party of the Second Part shall be responsible for reimbursement to the Party of the First Part for any or all actual additional expenses incurred due to the postponement, including but not limited to additional wages, food, lodgings, transportation, storage, or security protection for material and equipment at the firing site. The Party of the First Part shall invoice the Party of the Second Part for this additional cost, in an itemized statement, due and payable upon receipt. 1 4. The Party of the First Part shall provide Fireworks Liability Insurance coverage up to an amount of $5,000.000, but not less than the amount required by State and Local Laws having jurisdiction at such display location, for personal injuries or property damage directly resulting from this fireworks display; unless the Party of the Second Part acquires insurance elsewhere in a sufficient amount to satisfy such State and Local Laws (in this event, the Party of the Second Part shall list BRITE STAR PRODUCTION, INC., and its employees as additional insured and certificate holder with respects to this display only) The Party of the Second Part agrees to hold harmless the Party of the First Part and its agents, from any and all claims and legal cost incurred in defense of same, for any incidents not a direct result to the fireworks display. 5. The Party of the Second Part shall provide ample Security, Fire and Police protection, parking, traffic and crowd control; as well as barricades to cordon off the fireworks safety area and the Second Part shall assume total responsibility for Spectator safety (except as provided above), including but not limited to seating and ground surfaces. 6. The party of the First Part shall be responsible for obtaining all State and Local permits required for such fireworks displays, as well as all costs related thereto. The Party of the Second Part shall aid and assist the Party of the First Part in obtaining such permits, but all costs therefore shall be born by the Party of the First Part. r agreed tha ' this firework isplay require y special nt, such as caffolding, so d systems, b sand, barges, . ats r o'her produ on equipmen nique to this ' ividual firew * ' s splay, su item(s) shal . e provided b e Party oft = " econd Part in by the Pa s f the First Part. ccordae with speci ations provi 8. The Party of the Second Part agrees to name BRITE STAR PRODUCTIONS, INC primary vendor of the fireworks display in all news /media releases, advertising, publicity, programs and announcements. 9. Upon signing this agreement, the Party of the Second Part shall pay unto the Party of the First Part a deposit of 0% of the known total amount of this contract (listed below). The balance thereof shall be paid in full not 2 later than 15 days after the show was fired. In the event that the balance of the contract is not paid in a timely manner, a 11/2% interest charge will be added each month, or an annual fee of 18% on unpaid balance. If it becomes necessary for EITHER PARTY to retain Legal counsel, it will be the DEFAULTING PARTY responsibility to pay ALL COST incurred for the collection of unpaid balance. The total (known to date) amount of this contract is: $20,000.00 US currency. 10. If the show is canceled by the Village, within 10 days or less, there will be a 20% restocking fee. This will be deducted from the deposit. 11.The Party of the First Part warrants that the fireworks display to be presented in accordance with this, is a complete program based solely on the artistic and dollar value and shall be subject to quantity and material counts. Programs or material lists presented prior to this contract, based upon budget are speculative and representative only. Actual material may vary only due to choreography, artistic value, availability, theme, or other variables not known at time of proposal. However, the Party of the First Part assures the Party of the Second Part, that the program presented hereunder is of equal or increased dollar value as that presented in their proposal. 12.The Party of the First Part shall not be held responsible for delay, postponements or cancellations due to acts of nature /God, labor disputes, strikes, wars, accidents, or other reasons beyond their knowledge of reasonable control. 13.The Party of the First Part shall be responsible for removing their equipment, and any live or unfired (dud) material from the display site, as well as inspecting the fireworks display area the following early morning for any additional live material that may have gone undiscovered in the darkness following the display, if deemed necessary. However, all cleanup of debris, paper, foil, wood or trash, backfilling holes, repairs to grass, sod or other surfaces, removal of barricades, or the return of rental items, or items not their property shall be solely the responsibility of the Part of the Second Part. 3 14. This agreement shall not be construed as to create partnership or relationship in either parties business concerns, beyond that listed herein. 15. The fireworks display is to be choreographed to pre- recorded music. 16. Additional terms and conditions: Oral or assumed terms or conditions, unless specified herein by addendum and endorsed by both parties herein are void and not withstanding to this agreement. Whereas, We the under signed, being duly authorized to enter into this agreement on behalf of the respective Parties hereto, hereby acknowledge reading and understanding the terms and conditions of this agreement as listed herein, and by our signatures below, agree to accept and comply with them. Party of the First Part: BRITE STAR PRODUCTIONS, INC. 15623 W. 21st Street Wadsworth, Illinois 60083 Signature: //�.7- /`! r Date: Print Name: James P. Welch Title: President Party of the Second Part: VILLAGE of LEMONT 418 Main Street Lemont, IL. 60439 Signature: Print Name: AP OVED AS Date: Title: .«OigL "1'V�.L5n1li1ui� John P. onopoulos, V u 4 4 nab r . c . L., J J J Ura uemo le r1er 1 3 no 41h -e0S -0013 p.1 Certificate of Insurance 330466 issue Dab: 05(22(2004 PRODUCER Combine0 SINltialties International, MC. 8362 TamaraCF Viilegu Sale 119 Weedpyry Minnesota BEIM THIS CERTIFICATE IS ISSLO AS A. ,MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON ThIE CERTIFICATE HOLDER, THIS GERTI: !GATE DOES NOT AMEND, CXTEND OR LATER THE COVERAGE AFFORDED BY THE POLICIES RE LOW. INSURERS AFFORDING COVERAGE INSURER A. Jncerwnlers, Lloyds of London INSURED Earle Star PrcOuctions 16623 W'es121e1 Sumo Wedmore, Minos 60183 INSURER B; INSURER C (N'A/U2FR D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN r$SVCD 70 TPE NAMED INSURED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. YERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RCSPECT TO WHICH THIS CERTIFICATE MAY bE ISSUED OR MAY PERTAIN. THE NISI-RANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONpnQA5 OF SUCH FOLICIES INCLUCING, BUT NOT LIMITED TC. 'NOSE FOLLOWING: LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDITIONAL EMOTIONS ANO EXCLISION_! 1) THE INSURANCE EVIDENCED BY THIS CERTIFICATE 19 LABILITY INSURANCE ONLY, IT IS NOT A BOND OR ANY FORM OF SURETY AGAINST WHICH SOMEONE OTHER AN 'INSURED' MAY ASSORT A CLAM OR *RING ANY ACTION. SUBJECT TO POLICY TERMS, CONDITIOM,., DFiFINITiONS AND EXCLJJS :DNS THE INSURANCE ONLY ISDEMNIFICS AN INSURED AGAINST CERTAIN LEGAL LIABIIItV. 2) THE INSURANCE DOES NOT COVER CLAIMS FOR SOO.LY INJURY OR PROPERTY DAMAGE OF THE NAMED INSURED'S SHOOTER(S)ASSISTANTtS) OR ANY OTHER PERSON(SI .NCWDING ANY VOLUT!!R(S) PARTICIPATING IN ANY WAY IN ANY OISPLAY Olt SPECIAL EFFECT PERFORMED OR EXECUTED U'' THE NAMED INSJRED , =OVERAGE DOES NOT APPLY TO CLAIMS FOR BODILY INJURY OR PROPERTY OAMACE ARISING OUT OF TIC INSLIRED'S FAILURE TO FOLLOW NFPA OA OTHER APPLCABLE REQUIREMENTS, LAWS OR RECOMMENDATIONS, INCLUDING THOSE RELATING 70 PEST C19PLAY OR SPECIAL EFFECT SEARCHES OR CLEAN UP. CO LTR TYPE OF INSURANrX POLICY NUMBER 106C'7733Si/003 POLICY EFFC•CTWC DATE NIVIDDITY) July ?5, 2003 ■r..ai, POLICY EXPIRATION OATS isskLoOryy) July 29,'LO04 LIMITS EACH.ACC!DCNT SS,OCDO(X IA GENERAL LIABILITY CLAIMS MADE MEDICAL CXP fany Ora �MOOG :1M]p'M1) FIRE LEGAL. LIABILIYY ffi50.000 nENERAL AGGREGATE S5 DEC,000 PRODUCTS- COMP/0PS ACG $1.000.000 AUTOMOBILE LIABILITY ANY AUTO ANY OWNED AUTO s :HFDULEO AUTOS HIRED AUTOS NON -OWNED AUTOS COMdINEO SINGLE LIMIT (Ea raccoon() $ BODILY INJURY 'Par . teen S BOCKY INJURY (Per a0enl) PROPERTY DAMAGE (Per Dereoy $ EXCESS LIABILITY FOLLOWING FORM EACH ACCIDENT $ ----- WORKERS COMPENSATION AND EMPLOYERS' 1.IABILITv .,AGGREGATE WC STATU- OTHER TORY LIMl7$ S E L. EACH ACCIDENT C L. DISEASE -EA EMPLOYER S El. DISEASE- POLICY OMIT S OTHER DESCRIPTION pF OPCRATiONSiLOCATICMVSJVCHICLCSICXCLUSION 'S Ali0E.0 aY CNDCRSEMENT :SPECIAL PROVISIONS 1) Village of Limpet 2) Lemont Park District 3) Lemont Figs Protection D:itric :4) Lemuel- Bromberek School Dim- sre aCCIIiOnN insureds ea PiSPOtte *Brewer rerrorka display on July 3, 2004 at Lemont Park District 15029 W. , 2T!N. Cross liability exclusion ems not asedy to addibnnal insureds CERTIFICATE HOLDER V I v Of Lemont 418 MOH Street !embed. I L 60439 CANCELLATION -- `��"' SHOULD ANY OP THE ABOVE DESCRIBED POL!CILS BE CANCELLED BEFORE THE EXPIRATION DAYS THEREOF. THC ISSUING COMPANY WILL Mart, 10 GAYS WRITTEN NOTICE TO TPE CERTIFICATE J'IOLOER NAMED TO THC LEFT. AUTHORIZED REPRE$A^NTATIVC ,�