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HomeMy WebLinkAbout23-115 Resolution No. 23-115 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH MIAND, INC. DB/A MAD BOMBER FIREWORKS PRODUCTIONS FOR THE 2023 "CANTA CON ORGULLO" (SING WITH PRIDE) EVENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Miand, Inc. d/b/a Mad Bomber Fireworks Productions, for the 2023 "Canta con Orgullo" (Sing with Pride) event, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2023 Adopted: May 10, 2023 Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this loth day of May , 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and MIAND, Inc. an Indiana corporation d/b/a Mad Bomber Fireworks Productions, (hereinafter referred to as"MIAND"or"Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: I. PURCHASE. City shall purchase, and MIAND shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, attached hereto and made a part hereof. 3. CONFLICT. In the event of any conflict, between any of the terms and provisions of this Agreement and Attachment A hereto, the terms and provisions of this Agreement shall control; provided however that any additional insurance requirements provided for in Attachment A which exceed these provided for in the body of this Agreement shall apply. 4. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. MIAND hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof, and MIAND agrees that service by first class U.S. mail to Andrew James, 3999 E. Hupp Road, Bldg. R-3-1, La Porte, IN, 46350 shall constitute effective service. Both parties hereto waive any rights to a jury. 5. NO MODIFICATION. There shall be no modification of this Agreement, except in writing and executed with the same formalities as the original. 6. MERGER. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements,either verbal,written or implied between the parties hereto. 7. INTEREST. MIAND hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 50511, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 8. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. 9. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, MIAND shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, MIAND hereby certifies,represents and warrants to the City that all of MIAND's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. MIAND shall also,at its expense, secure all permits and licenses,pay all charges and fees,and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of MIAND to determine MIAND's compliance with the provisions of this section. In the event the City proceeds with such an audit,MIAND shall make available to the City MIAND's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 10. PAYMENT. City shall pay the total sum of Forty Two Thousand Five Hundred Dollars ($42,500)within thirty(30)days of delivery or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight,shipping and applicable taxes. 11. DELIVERY. MIAND shall complete delivery of all goods and shall provide all services on or before September 16,2023,as set forth in Attachment A. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. TRANSFER OF TITLE/RISK. All transportation and delivery of fireworks shall be at MIAND's sole expense. 14. INDEMNIFICATION. To the fullest extent permitted by law, MIAND agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims,suits,judgments,costs,attorney's fees,damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of MIAND or MIAND's officers,employees,agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City,its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 2 15. INSURANCE. MIAND agrees to obtain, furnish, and maintain in full force and effect during the entire term of this Agreement, at its sole cost, the insurance coverages outlined herein. All of said insurance shall be written by, and secured from, companies approved to do business and issue insurance in the State of Illinois and shall be rated"A-"or better, in accordance with the latest edition of Best's Insurance Guide, published by A.M. Best Company, Inc. or its equivalent. The comprehensive general liability insurance shall be endorsed to include independent contractors, contractual liability, personal injury, products/completed operations liability, broad form property damage,and cross liability and severability of interest provisions. Policies provided hereunder shall not contain XCU exclusions relating to explosion, collapse and underground property damage. All liability insurance shall be written on an occurrence basis. Automobile liability insurance should include coverage for all owned, non-owned, hired and leased vehicles. All insurance policies shall be written in the name of the MIAND and such insurance shall be primary and noncontributory with any insurance or self-insurance program afforded to the City of Elgin: Comprehensive Liability General Aggregate $10 Million Products Completed Operations Aggregate $ 5 Million Personal Injury and Advertising Limit $ 5 Million Each Occurrence $ 5 Million Automobile Liability Combined Single Limit $5 Million Worker's Compensation Statutory As required by state law Employer's Liability $1,000,000 Each Accident $1,000,000 Each Emp for Disease $1,000,000 Policy Limit for Disease MIAND may purchase and maintain excess liability insurance in the umbrella form in order to satisfy the limits of liability required in accordance with the requirements set forth above. The comprehensive liability and umbrella policies shall name the City of Elgin as additional insured. The workers' compensation policy shall include a waiver of subrogation in favor of the City. MIAND shall be responsible for and shall bear the risk of loss and damage to any property of MIAND and any property for which it is responsible or in its care, custody, or control, wherever located. Any insurance provided for such property shall be solely at MIAND's expense. Prior to the commencement of any work under this Agreement, MIAND shall furnish Certificates of Insurance acceptable to the City and conforming to the insurance coverage required herein. The policy cancellation notification provision will provide the City with at least thirty(30) days written notice in the event of cancellation or material change. 3 The City reserves the right, at its sole discretion, to amend the insurance requirements contained herein. 16. ADDITIONAL TERMS AND CONDITIONS. a. Seller will present said Fireworks Display on the evening of the 16th Day of September, 2023, it being understood that should there be inclement weather the day of the display the Seller has sole discretion to cancel display on said date. An alternate display date will be given within six months of the original display date agreeable to both the Seller and Buyer. b. The Fee for cancellation for any reason of the Fireworks Display is Forty Percent(40%)of the agreement price if Buyer chooses to not select another display date within six months of the original display date. C. Buyer will provide a sufficient area for the Display, including a minimum spectator set back of 350 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. d. 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. e. Seller agrees to provide Qualified Technicians to take charge of and present said Display. f. Seller shall 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 additional insured per this Agreement. All individual entities listed on the Certificate of Insurance will be deemed an additional insured per this contract. This insurance will be primary to any insurance carried by the City of Elgin. g. MIAND retains the right to substitute product of equal or greater value in the event of shortages and unavailability of any particular item on the proposal. 17. EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this Agreement, any signed copy of this Agreement transmitted by fax machine or e- mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this Agreement and shall forever waive such defense. 4 The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractual and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. MIAND, INC. d/b/a MAD BOMBER CITY OF ELGIN FIREWORKS PRODUCTIONS Print Narn6 Richard G. Koza , Crty Manager Signatdre - ZATE i Y PC Gc -e.0 41�J.•� S Tit a City Clerk Legal Dept\Agreement\Purchase Agreement-Mad Bomber Fireworks 2023-Canta co Orgullo-5-1-23.docx 5 ATTACHMENT A HIAND, INC. DBA MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE(219)393-5051 Toll Free(877)MAD-BOMB FAX(219)393-3177 Elgin, IL Mad Bomber Fireworks is in its thirty second year of producing professional fireworks displays. In the beginning we quickly earned the reputation as someone who catered to smaller customers that other fireworks companies would dictate terms to. We would not lose customers once we had them. It was always going above and beyond the call of duty that we were able to compete with the big family companies that dominated the fireworks industry and had the benefit of generations of loyal customers. We approached growth cautiously while not losing sight of what had put us above the crowd for our clients.Today we produce around 500 displays a year throughout the Midwest. We produce traditional,electric fired,choreographed to music,computer fired,indoor and close proximity displays.We have eight full time employees. Summer have another ten to twelve college students who work.Near Forth of July we again ramp up for our displays with 400-500 workers producing displays throughout the Midwest. Andrew James, President.Started Mad Bomber Fireworks in 1991. He started the company do to his love for fireworks. He has produced thousands of displays over the years. He has grown Mad Bomber Fireworks into the premiere display company in the Midwest. Randy McCasland,Director of Operations. He had his start working with his dad on displays at a young age. He has been lead on well over a thousand displays throughout fourteen states. Randy has designed,produced and worked on displays for professional baseball,professional basketball,concerts, towns,cities,festivals,and special events. Lead Pyrotechnician for Elgin IL Andrew James , Lead Pyrotechnician: Supervise assistants during set up and firing of display. Set up equipment, load pyrotechnics and tear do�v n display. Zach James, Lead Pyrotechnician: Supervise Assistants during set up and firing of display. Set up equipment, load pyrotechnics and tear down display. There will be a minimum of two assistants for set up and tear down of display. All assistants will be(18) eighteen years of age or older and registered with the Illinois State Fire Marshal. MAD BOMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE, IN 46350 PHONE(219)393-5051 Toll Free(877)MAD-BOMB FAX(219)393-3177 Elgin IL September 16, 2023 Timeline Mad Bomber: All paperwork for permit will be turned in by August 1, 2023. Equipment truck will arrive by 10:00am August16, 2023. Equipment will be assembled to be moved onto bridge at 3pm. Fireworks will arrive on site between 3-3:30pm. No fireworks will be stored overnight in cite Iiinits. Display will be set up by 8:00 pm on August 16, 2023. Display will start approximately 9: 15 pm. Display will end between 9:35 and 9:40 pm. City of Elgin: City will close National Street Bridge at 3pm for set up on bridge. City will be required to keep spectators out of safety zone. THANKS Randy McCasland RFP 23-028 2023 Fireworks Pyrotechnician Hispanic Heritage PRICING SHEET DESCRIPTION PRICE Prepare and execute a 20-25 minute $42,500.00 fireworks show viewable from Festival Park in Elgin, IL. The proposal should include set up requirements, a listing of the products used, the number of shells and shell size (please note the maximum shell size at this location is 5" COMPANY NAME Miand Inc.DBA Mad Bomber Fireworks Productions MAD BoMBER FIREWORKS PRODUCTIONS KINGSBURY INDUSTRIAL PARK 3999 E HUPP RD R-3-1 LAPORTE,IN 46350 PHONE(219)393-5051 Toll Free(877)MAD-BOMB FAX(219)393-3177 ELGIN IL PROPOSAL SEPTEMBER 16, 2023 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 $42,500.00 PROFESSIONAL PRESENTATION INCLUDED $10,000,000 LIABILITY INSURANCE INCLUDED POST DISPLAY CLEANUP INCLUDED EARNEST MONEY DEPOSIT WAIVED BALANCE DUE AFTER PRESENTATION $42,500.00 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 Elgin IL Opening 72 3" Assorted Color Chrysanthemums and Peonies 14 4" Variegated Chrysanthemums 5 5" Assorted Color Shells 12 3"Titanium Salutes Mad Bomber Fireworks Productions Elgin IL SPECIALTY BARRAGES 300 White Glittering Sky Blue 300 Color Xsette and Crackling Coconut Trees 390 Dragon Chrysanthemum to Color 400 Green Comet Xsette 300 Red White and Blue Angled Crossettes 300 Color Strobing Willows 700 Shot Silver Palm Clusters 1000 R/W/B American Salutes 400 Red Wave to Glittering Silver Blue Core Mad bomber Hreworks Nroductions Elgin IL Specialty Stacks Gold Strobes 12 3" 6 4" 3 5" Flower Crowns 12 3" 6 4" 3 5" Crackling Nishiki Kamuro 12 3" 6 4" 3 5" Different size shells breaking at multiple heights creating a stacking effect. Mad Bomber Fireworks Productions Elgin 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 Mines 3" Diamond Screamer w/Color Stars 3" White Sky Mines 3" White Strobe Waterfall 3" Smile Face 3" Orange Strobe 16 4" SPECIALTY SHELLS 4"Cyan Sky Mine 4"Whirlpool Green Xsette 4"Whistle Red Stars 4"Whirlpool Red Xsette 4"Silver Flying Fish 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 Serpents w/Mag Colors 4"Ti Whistle Ring w/Lemon Mad Bomber Fireworks Productions Elgin IL 30 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 30 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 Elgin IL 3 INCH SHELLS 36 Pheonix Red Peony w/Red Tail Golden Gamboge to Blue Green & Purple Peony w/Tail Golden Gamboge to Green Green & Blue Chrysanthemum 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 Yellow Color Flower Rain w/Silver Tail 24 Yung Feng White Twinkling Chrysanthemum Crackling Nishiki Kamuro Variegated Cycas Bloom Golden Wave to Purple Chrysanthemum Green Chrysanthemum 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 Elgin 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 18 Titanium Salute Mad Bomber Fireworks Productions Elgin 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 Dominator 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 Elgin IL 4 INCH SHELLS * main body 72 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 Elgin IL 4 INCH SHELLS * main body 36 Jinsheng Chrys w/Rthree Section Time Rain w/Coco Pistil Blue Peony to Brocde w/Palm Core Red Strobe w/Blue Sky w/Rising Tail Flower Wave to Purple w/Rising Tail Silver Coconut w/ Glittering Glittering Silver to Blue to Green Sun Ring w/ Rising Tail Green Cherry Blossom Double Half Red to Red Red Peony w/Rising Tail Yellow Cycas w/Rising Tail Yellow Peony w/Green Pistil Red to Green Crossette Ring Green to Flickering Silver Wave w/Special Green Strobe Ring w/ Multi Color Flower Thousand Red w/Time Rain Kaleidoscope w/Waterfall 36 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 Mad Bomber Fireworks Productions Elgin IL 5 INCH SHELLS * main body 36 Pheasant Chrys w/Red to Green Ring Silver Crown w/Small Red Flowers Silver Crackling Palm Tree Ripples to Vareigated Wave Purple Wave Crackling to Sil Crossette Red Flower Rain China Storm Gold Wave to Aqua White Strobing Smiley Face Yellow Peony Brocade Butterfly Red to Purple to Green Peony Sea Blue and Lemon Dahlias Red Peony w/Glitt Gold Palm Tree Core Blue Palm Tree Gold Wave to Red to Green Blue Peony w/Silver Core Green to Yellow w/Yellow to Green Pist Gold Diadem Willow Yellow Peony w/Blue Palm Tree Core Gold Wave to Purple to Green Silver Wave to Green to Crackling 24 Yeng Feng Glitt Sil to Blue to Red w/Reports Red Gamboge to Red to Blue Chrys Gold Wave to Red to Blue Flickering GW to Purple Chrys w/Red to Sil Pistil Colored Diadem Spangle Chrys w/Crackling Blue Pistil Sil Nishiki Kamuro w/Blue Pistil Nishiki Kamuro w/Tail Eight Hearts w/Tail Twinkling Silver Willow Purple Sunflower w/Tail Revolving Dragons w/Red Flowers Sil Coconut Tree w/Red Flowers Twinkling Coconut Crossette Gold Coconut Tree w/Blue Blooms Bright Red Diadem Aqua Peony Green Twinkling Willow RWB to 5 Report Green Meteor Gold Coco to Red Crown Flower Variegated Flowers 5 INCH SHELLS Elgin IL 5 INCH SHELLS * main body 72 Wizard Brocade Waterfall w/Tail Nishiki Kamuro to Purple w/Tail Brocade Crown Chrysanthemum Purple Peony w/ Crossette Brocade Pistil 3 Concentric Ring w/Crack Pistil New Color Rainbow w/Gold Strobe Pistil Silver Strobing w/Tail China StormGlittering Coconut Tree RWB USA Style Cannister w/Tail Glitt Sil to Purple Peony w/Green Pistil Happy Face w/Tail Crackling Green Palm w/Blue Flowers Glitt Sil to Blue w/Green Pistil Brocade Crossetting Palm Tree w/Broc Tail Saturn Giant Blue Peony Gold Tails to Green Palm w/Sil Tail Glitt Sil to Blue w/Red Pistil Crackling Glitter Palm w/Crack Tail Glitt Sil to Red w/Blue Pistil Ti Whistle Ring w/Red & Blue Cannister Shell Red Crossette Palm Tree w/tail Glitt Sil to Blue Chrys w/Broc Red Pistil Silver Crossette Palm Tree w/Tail Brocade Waterfall w/Silver Leaves Gold Crossette Palm Tree w/Tail Gold Coconut to Green Flowers Giant Brocade Crossette Palm Tree Giant Gold Octopus w/Red Eyes & Bro Ring Five Concentri Ring Giant Green Peony w/Brocade Ring Gold Strobes w/tail Gold Chrys w/Rainbow Ring 1/2 Red 1/2 Blue Chrys w/ Broc Cross Pistil Gold Crossette Palm w/Trunk Saturn Giant Red Peony w/Brocade Ring Glittering 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 Pistil Three Ring w/Pistil Brocade to Red to Blue Chrys Schreecher Cannister Gold Peony w/Blue Pistil RWB Peony w/Coco Pistil Red Strobes w/Tail Green Strobes w/Tail Giant Z Willow Palm w/Z Willow Tail 5 INCH SHELLS Elgin IL Finale 500 2" Assorted Color and Salutes 480 2.5" Assorted Willows 360 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 60 Titanium Salutes 45 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 28 5" Assorted Color Chrysanthemums 10 5" Brilliant Brocades Mad Bomber Fireworks Productions AAU ECAUM FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this 23rd day of March , 2023 by and between Mad Bomber Fireworks Productions of Kingsbury,Indiana hereinafter referred to as Seller,and City of Elgin Herein after referred to as Buyer,of Elgin State 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 $42,500.00 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 '/z%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 16th Day of September, 2023, 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 months of the original display date. 3.Buyer will provide a sufficient area for the Display,including a minimum spectator set back of 350' 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 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: none 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 File Number 7153-650-5 &GLLF--MPd =771 To all to whom these Presents Shall Come, Greeting: I, Alexi Giannoulias, Secretary of State of the State of Illinois, do hereby certify that I am the keeper of the records of the Department of Business Services. I certify that MIAND, INC., INCORPORATED IN INDIANA AND LICENSED TO TRANSACT BUSINESS IN THIS STATE ON JANUARY 31,2018,APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE,AND AS OF THIS DATE, IS A FOREIGN CORPORATION IN GOOD STANDING AND AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF ILLINOIS. $TAT In Testimony Whereof,Ihereto set my hand and cause to be affixed the Great Seal of the State of Illinois, this 13TH M day of FEBRUARY A.D. 2023 -261- 1 Authentication#: 2304402320 verifiable until 02/13/2024 Authenticate at: https://www.ilsos.gov SECRETARY OF STATE STATE OF ILLINOIS _ V OFFICE OF THE STATE FIRE MARSHAL DIVISION OF FIRE PREVENTION 1035 Stevenson Drive • Springfield, IL 62703-4259 Pyrotechnic Distributor License PLANET PRODUCTIONS/MAD BOMBER FIREWORKS 3999 E HUPP RD BLDG R-3-1 LA PORTE, IN 46350 IL06-OPF-00029 05/15/2024 License # EXPIRATION DATE OPF Matt Perez CLASSIFICATION STATE FIRE MARSHAL This license may be revoked by the Office of the State Fire Marshal for failure to comply with the lawful rules regulating this program. I L L I N 0 1 S Illinois L_ Department of DEPARTMENT NATURALL Natural Resources RESOURCES Office of Mines and Minerals Oper #: 2166 PLANET PRODUCTIONS 3999 E. HUPP ROAD BUILDING R-3-1 LA PORTE, IN 46350 HAS PAID THE REQUIRED FEE AND IS HEREBY ISSUED A STORAGE CERTIFICATE Not exceeding 10,000 pounds/count of explosives Under the "Illinois Explosives Act" Approved January 1 , 2011 Effective Date: 3/1/2023 Certificate No.: 8856 Expires: Last day of February, 2024 Office of Mine and erals UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION f6awHAZARDOUS MATERIALS CERTIFICATE OF REGISTRATION FOR REGISTRATION YEAR(S) 2022-2025 Registrant: MIAND INC DBA PLANET PRODUCTIONS ATTN: KELLEY HATFIELD 3999 HUPP ROAD, BUILDING R-3-1 LA PORTE, IN 46350 This certifies that the registrant is registered with the U.S.Department of Transportation as required by 49 CFR Part 107,Subpart G. This certificate is issued under the authority of 49 U.S.C.5108. It is unlawful to alter or falsify this document. Reg. No: 062122550173EG Effective: July 1,2022 Expires: June 30,2025 HM Company ID: 38154 Record Keeping Requirements for the Registration Program The following must be maintained at the principal place of business for a period of three years from the date of issuance of this Certificate of Registration: (1) A copy of the registration statement filed with PHMSA;and (2) This Certificate of Registration Each person subject to the registration requirement must furnish that person's Certificate of Registration (or a copy)and all other records and information pertaining to the information contained in the registration statement to an authorized representative or special agent of the U.S.Department of Transportation upon request. Each motor carrier(private or for-hire)and each vessel operator subject to the registration requirement must keep a copy of the current Certificate of Registration or another document bearing the registration number identified as the"U.S. DOT Hazmat Reg.No."in each truck and truck tractor or vessel(trailers and semi-trailers not included)used to transport hazardous materials subject to the registration requirement. The Certificate of Registration or document bearing the registration number must be made available,upon request,to enforcement personnel. For information,contact the Hazardous Materials Registration Manager,PHH-52,Pipeline and Hazardous Materials Safety Administration,U.S.Department of Transportation, 1200 New Jersey Avenue,SE,Washington,DC 20590,telephone(202)366-4109. U.S. Department of Transportation Federal Motor Carrier Safety 1200 New Jamay Ave.,S.E. Administration wasNngWn,DC 20590 June 14, 2021 In reply refer to: USDOT Number: 177176 ANDREW JAMES PRESIDENT MIAND INC PLANET PRODUCTIONS 3999 HUPP ROAD HLDG R-3-1 LA PORTE, IN 46350 RAZaRDODS 101wi1LS SMMT7 P8711QT RK Safety Peza►it ID: VS-777175-I11-S11SP Effective Date: June 14, 2021 Dear ANDREW JAMES: The Hazardous Materials Safety Permit (HMSP) is verification of the motor carrier's permission to engage in the transportation of hazardous materials listed in 49 CFR 385.403 by motor vehicle in interstate, intrastate, or foreign commerce. This HMSP will be effective beginning June 14, 2021 and remain effective through June 30, 2023 if your company maintains compliance with the requirements pertaining to the safe and secure movement of hazardous materials for the protection of the public (49 CFR 385 and other applicable Federal Motor Carrier Safety Regulations and Hazardous Material Regulations) . Failure to maintain compliance will constitute sufficient grounds for suspension or revocation of this authority. Willful and persistent noncompliance with applicable safety fitness regulations as evidenced by a Department of Transportation safety fitness rating less than "Satisfactory" or by other indicators, could result in a proceeding requiring the holder of this permit to show cause as to why this authority should not be suspended or revoked. For questions regarding this document you may contact the FMCSA Hazardous Materials Division by email at fmcsa.hmsp@dot.gov or by phone at (202) 385-2400 or by fax at (202) 366-3621. Sincerely, 4 q t, Joseph P. DeLorenzo Director, Office of Enforcement and Compliance i U.S. Department of Transportation 1200 New Jersey Ave. S.E. Wasl»ngton,D.C.20590 September 2, 2021 Federal Motor Carrier Safe( Administration In reply refer to: USDOT Number: 777176 ��III��Il.11��.I.I.I�•Ylll.III III-.IIIl'IIll. Re,.,iew No.: 1808651/CR Review No.: 1808651/ Now INC 39" HUPP ROAD BLDC R-3-1 LA PORTE IN 46350 _o �o Dear RANDALL MCCASLAND. The motor carrier safes♦,rating for your company is: SATISFACTORY This SATISFACTORY rating is the result of a review-and evaluation of your safety fitness completed on August 31,2021. A SATISFACTORY rating indicates that your company has adequate safety management controls in place to meet tl►c safety fitness standard prescribed in 49 C.F.R. 385.5. Please assure)-ourself that any specific deficiencies identified in the review report gave been corrected. We appreciate your efforts toward promoting motor carver safety tivougllout vour compam. If you have questions or require further inforination. please contact: U.S.DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 575 N PENNSYLVANIA ST STE 261 INDIANAPOLIS, IN 46204-1638 Telephone No.: 317-226-7474 Sincerer. 1 Joseph P. DeLorenzo Director.Office of Enforcement and Compliance DOT:777176 Page I of I U.S.DepartmentofJustice Federal Explosives License/Permit Bureau ofAlcohol,Tobacco,Firearms and Explosives ' ermit (18 US.C, Chapter 40) In accordance with the provisions of Title XI,Organized Crime Control Act of 1970,and the regulations issued thereu the activi s rr�rt�aar�q i ty pacified in this license or permit within the limitations of Chapter 40,Title 18,United States Code and the regulations i expiration date shown. THIS LICENSE IS NOT TRANSFERABLE UNDER it CFR 555. Weer(27 CFR part 555 ),You may engage in i Direct A TF ATF-Chief,FELC slued thereunder,until the CorrespondenceSee"WARNINGS'and'NOTICES"on reverse. To 244 Needy Road License/Pe rmit Martinsbur ,WV 25405-9431 Number Chief Federal Explosives Licensing Cente (FELL , • I I i > Expiration Name bate PLANET PROD/MAD BOMB F/WKS/NIGHT MAG DISP/SKY MAJ Premises Address(Changes?Notify the FFLC at least 10 days before the move.) 3999 E HUPP RD MIDWEST W LA PORTE IN 46350- AREHOUSING BLDG R-3-1 TYpe of License or Permit E. 51-IMPORTER OF EXPLOSIVES .i Purchasing Certification Statement e �` Y the licensee or Permittee named above shall use a co _ I transferor of explosives to ver' y P�of ibis license or Mailing A (Ch ' Verify the identity and the I erased status of the irmitee or su t a f tat r' ' 79' l� the FELL of any changes.) i perrrtittee as provided by 27 CFR Part 555. st tature. A fax 111e si ata e on each co must be ' faxed,scanned or e-mailed copy ofthe license or an on mal F intended to be an original signature is a Permit Witt)a signature MIAND INC Explosives Licensee(FEL)or a r cceptable. The signature must be that of the Federal ' COPY of a 1' responsible person of the F't I,. I certil PLANET PROD' D'MAD BOMB bu hearse or Permit issued to the licatsee or y that this is a true F/WKS/NIGHT MAG or operations sPacified above under"T Fatee Warned above to engage un the DISP/SKY MAJ YPe ofLicensc or Perm 3999 E HUPP RD MIDWEST WAREHOUSING BLDG Licen errnitteeResponsiblePerson Signature R 3-1 1 ositiort/'1'itic LA PORTE, IN 46350- Printed Name Previous Edition is Obsolete rewrcrewrwnesewweet Date '�euwe wee eawwa4rr)ai-aau)rw,,,,r,t.a�. wroerce s r+nouns ATF Farm 54n0.14/5400.15 Pert I Revised Septembe 2011 ON SITE SAFETY INSTRUCTIONS Rules must be adhered to on each and every site. EMERGENCY CONTACT INFORMATION: MAIN OFFICE- 219-393-5051 CHEMTEL: 800-255-3924 CONTRACT#MIS0005800 All PERSONS on site MUST be at least 18 years or older. NO EXCEPTIONS. Once a show is delivered to a site.. it shall NEVER be left unattended. Site security should be properly maintained at all times. EMERGENCY ACTION PLAN: Upon arriving on the display site, the Operator is to devise an EAP- Emergency Action Plan for the display. Prior to setting up any equipment, the Operator is to communicate the plan to all other workers. Each display will have its own site-specific plan due to locale and geographic features. The EAP must include the following: Emergency escape routes away from the display fireworks A safe location away from the fireworks to account for all workers A plan to notify emergency personnel and whom will direct them to the site. Instruct all workers on the location of emergency response information and MSDS right to know information. This plan may be given verbally, and Operator shall confirm each worker understands. FIRE AND EXPLOSION HAZARD DATA Do not attempt to fight fire in vicinity of Special Fireworks - Evacuate Areas. Evacuate fire area immediately and seek shelter. Follow established emergency action plan. Fireworks may mass explode in a fire situation. NO SMOKING OR OPEN FLAME- smoking, open flame, smoking materials (ie. lighters, matches) are forbidden in the loading or un-loading and display areas. No smoking signs may be posted in a conspicuous area upon set up of site. A minimum of 25' in all directions, from the perimeter surrounding the site is to be maintained as non-smoking. LOADING AND UNLOADING: .Vehicle engine must not be running, and hand brake must be set. .No smoking, open flame or source of static discharge shall be allowed, ie. cell phones, pagers, lighters, etc. .Boxes must NEVER be thrown, slid or dropped. Be especially careful when boxes contain fireworks with igniters attached. . Never use bale hooks or other metal tools to load or unload boxes of explosives. SAFETY EQUIPMENT AND CLOTHING: Non-synthetic clothing must always be worn. This prevents the possibility of static build-up and discharge, as well as the possibility of material melting' on to the skin in the event of hot fall-out or fire. After set-up of site, pants must be worn, no shorts. Eye protection, ear protection and closed toe shoes are required. Hats or head coverings should be used to protect the head, but must not impede your vision, or'contain' the force of a blast in the event of spontaneous explosion. ASSURE PROPER INSTALLATION AND SET UP OF SITE: All mortar boxes, racks and drums shall be properly installed on each show. Maintaining a safe Display Site is top priority. These reminders, along with your training, should assist you in performing a safe and spectacular show. If you have any questions, address the Operator right away. Page: 1/10 Safety Data Sheet acc. to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 1 Identification Product identifier FIREWORKS, DIVISION 1.3 EXPLOSIVE Trade name: FIREWORKS, DISPLAY Product code: FIREWORKS, 1.3G UN0335 Recommended use and restriction on use Recommended use: Explosive product for professional use for entertainment and technical purposes Restrictions on use: Contact manufacturer/supplier Details of the supplier of the Safety Data Sheet Manufacturer/Supplier: MIAND, INC. dba MAD BOMBER FIREWORKS PRODUCTIONS, dba NIGHT MAGIC DISPLAYS,dba SKY MAGIC PYROTECHNICS 3999 E. HUPP ROAD, BUILDING R-3-1 LA PORTE, IN 46350 219.393.5051 Emergency telephone number: ChemTel Inc. (800)255-3924, +1 (813)248-0585 2 Hazard(s) identification •Classification of the substance or mixture Expl. 1.3 H2O3 Explosive;fire, blast or projection hazard. ------------------------------- Label elements GHS label elements The product is classified and labeled according to the Globally Harmonized System (GHS). Hazard pictograms: -/ GHS01 Signal word: Danger Hazard statements: H2O3 Explosive, fire, blast or projection hazard. Precautionary statements: P210 Keep away from heat/sparks/open flames/hot surfaces. No smoking. P250 Do not subject to grinding/shock/friction. P280 Wear protective gloves/protective clothing/eye protection/face protection. P373 DO NOT fight fire when fire reaches explosives. P370+P380 In case of fire: Evacuate area. P372 Explosion risk in case of fire. (Cont'd.on page 2) Page: 2/10 Safety Data Sheet acc.to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 1) P401 Store in accordance with local/regional/national/international regulations. P501 Dispose of contents/container in accordance with local/regional/national/international regulations. Other hazards There are no other hazards not otherwise classified that have been identified. Explosive Product Notice PREVENTION OF ACCIDENTS IN THE USE OF EXPLOSIVES -The prevention of accidents in the use of explosives is a result of careful planning and observance of the best known practices. The explosives user must remember that he is dealing with a powerful force and that various devices and methods have been developed to assist him in directing this force. He should realize that this force, if misdirected, may either kill or injure both him and his fellow workers. WARNING -All explosives are dangerous and must be carefully handled and used following approved safety procedures either by or under the direction of competent, experienced persons in accordance with all applicable federal, state, and local laws, regulations, or ordinances. If you have any questions or doubts as to how to use any explosive product, DO NOT USE IT before consulting with your supervisor, or the manufacturer, if you do not have a supervisor. If your supervisor has any questions or doubts, he should consult the manufacturer before use. 3 Composition/information on ingredients Chemical characterization: Mixtures Components: Components for product possesing only physical hazards do not require reporting. These components are considered proprietary. �4 First-aid measures Description of first aid measures General information: Information is only applicable to product contents, and not to product as normally supplied. This information is applicable to damaged, leaking, or spilled product as contact with contents is possible under these conditions. After inhalation: Supply fresh air; consult doctor in case of complaints. After skin contact: Wash with soap and water. In case of minor burns, flush with cool water. If skin irritation is experienced, consult a doctor. After eye contact: Remove contact lenses if worn. Rinse opened eye for several minutes under running water. If symptoms persist, consult a doctor. After swallowing: Unlikely route of exposure. Do not induce vomiting; immediately call for medical help. (Cont'd.on page 3) Page: 3/10 Safety Data Sheet acc.to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 2) Most important symptoms and effects, both acute and delayed: Blast injury if mishandled. Thermal burns, if mishandled. Danger: Danger of blast or crush-type injuries. Indication of any immediate medical attention and special treatment needed: Product may produce physical injury if mishandled. Treatment of these injuries should be based on the clinical presentation. 5 Fire-fighting measures Extinguishing media Suitable extinguishing agents: DO NOT fight fire when fire reaches explosives. Flood area with water. If no water is available, carbon dioxide, dry chemical or earth may be used. If the fire reaches the cargo, withdraw and let fire burn. For safety reasons unsuitable extinguishing agents: None. Special hazards arising from the substance or mixture Explosive; fire, blast or projection hazard. During heating or in case of fire poisonous gases are produced. Advice for firefighters Protective equipment: Wear self-contained respiratory protective device. Wear fully protective suit. Additional information: Eliminate all ignition sources if safe to do so. In case of fire: Evacuate area. Fight fire remotely due to the risk of explosion. Cool endangered receptacles with water spray. Flammability Classification: (defined by 29 CFR 1910.1200) Explosive. Can explode under fire conditions. Individual devices will randomly explode. Mass explosion of multiple devices is possible under certain conditions. Burning material may produce toxic and irritating vapors. In unusual cases, shrapnel may be thrown from exploding devices under containment. See 2012 Emergency response Guidebook for further information. 6 Accidental release measures Personal precautions, protective equipment and emergency procedures Wear protective equipment. Keep unprotected persons away. Remove persons from danger area. Ensure adequate ventilation. Isolate area and prevent access. Environmental precautions Do not allow undiluted product or large quantities of it to reach ground water, water course or sewage system. Methods and material for containment and cleaning up Pick up mechanically. (Cont'd.on page 4) Page: 4/10 Safety Data Sheet acc.to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 3) Send for recovery or disposal in suitable receptacles. Reference to other sections See Section 7 for information on safe handling. See Section 8 for information on personal protection equipment. See Section 13 for disposal information. 7 Handling and storage Handling Precautions for safe handling: Handle with care. Avoid jolting, friction and impact. Restrict the quantity stored at the work place. Keep out of reach of children. Information about protection against explosions and fires: In case of fire: Evacuate area. Explosion risk in case of fire. Keep away from sparks and open flames. - No smoking. Emergency cooling must be available in case of nearby fire. Conditions for safe storage, including any incompatibilities Storage Requirements to be met by storerooms and receptacles: Avoid storage near extreme heat, ignition sources or open flame. Information about storage in one common storage facility: Store in accordance with local/regional/national/international regulations. Store away from foodstuffs. Store away from flammable substances. Further information about storage conditions: Store in cool, dry conditions in well sealed receptacles. Store locked up. Specific end use(s) No relevant information available. 8 Exposure controls/personal protection Control parameters Components with limit values that require monitoring at the workplace: The product does not contain any relevant quantities of materials with critical values that have to be monitored at the workplace. Exposure controls Personal protective equipment: General protective and hygienic measures: The usual precautionary measures for handling chemicals should be followed. Keep away from foodstuffs, beverages and feed. Wash hands before breaks and at the end of work. Engineering controls: Provide adequate ventilation. (Cont'd.on page 5) Page: 5/10 Safety Data Sheet acc.to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 4) Breathing equipment: Not required under normal conditions of use. Protection of hands: When needed, wear gloves for protection against mechanical hazards. Eye protection: 0 Safety glasses Follow relevant national guidelines concerning the use of protective eyewear. Body protection: When needed, wear protective clothing for protection against mechanical hazards. Limitation and supervision of exposure into the environment No relevant information available. Risk management measures Organizational measures should be in place for all activities involving this product. 9 Physical and chemical properties Information on basic physical and chemical properties Appearance: Form: Outer shell containing powder, granular, or solid materials. Color: According to product specification Odor: Odorless Odor threshold: Not determined. pH-value: Not applicable. Melting point/Melting range: Not determined. Boiling point/Boiling range: Not determined. Flash point: Not applicable. Flammability(solid, gaseous): Fire or projection hazard. Auto-ignition temperature: Not determined. Decomposition temperature: Not determined. Danger of explosion: Heating may cause an explosion. Explosion limits Lower: Not determined. Upper: Not determined. Vapor pressure: Not applicable. Density: Not determined. Relative density: Not determined. Vapor density: Not applicable. Evaporation rate: Not applicable. (Cont'd.on page 6) Page: 6/10 Safety Data Sheet acc.to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 5) Solubility in/Miscibility with Water: Insoluble. Partition coefficient(n-octanol/water): Not determined. Viscosity Dynamic: Not applicable. Kinematic: Not applicable. Other information No relevant information available. r10 Stability and reactivity Reactivity: No relevant information available. Chemical stability: Thermal decomposition/conditions to be avoided: Risk of explosion if heated under confinement. Possibility of hazardous reactions Explosive; fire, blast or projection hazard. Toxic fumes may be released if heated above the decomposition point. Reacts with strong acids and alkali. Conditions to avoid Excessive heat. Sources of ignition: sparks, open flame, incompatible materials Incompatible materials Oxidizers, strong bases, strong acids Hazardous decomposition products Carbon monoxide and carbon dioxide Nitrogen oxides Sulfur oxides (SOx) 11 Toxicological information Information on toxicological effects Acute toxicity: LD/LC50 values that are relevant for classification: None. Primary irritant effect: On the skin: Not a skin irritant in unused form.Vapors/particles from used product are possibly irritating to skin. On the eye: Not an eye irritant in unused form. Vapors/particles from used product are possibly irritating to eyes. Sensitization: Based on available data, the classification criteria are not met. Carcinogenic categories IARC (International Agency for Research on Cancer): None of the ingredients are listed. (Cont'd.on page 7) Page: 7/10 Safety Data Sheet acc. to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 6) NTP (National Toxicology Program): None of the ingredients are listed. OSHA-Ca (Occupational Safety& Health Administration): None of the ingredients are listed. Probable route(s) of exposure: Skin contact. Eye contact. Inhalation. Acute effects (acute toxicity, irritation and corrosivity): Danger of blast or crush-type injuries. Risk of thermal burns. Repeated dose toxicity: From product as supplied: None. CMR effects (carcinogenity, mutagenicity and toxicity for reproduction) Germ cell mutagenicity: Based on available data, the classification criteria are not met. Carcinogenicity: Based on available data, the classification criteria are not met. Reproductive toxicity: Based on available data, the classification criteria are not met. STOT-single exposure: Based on available data, the classification criteria are not met. STOT-repeated exposure: Based on available data, the classification criteria are not met. Aspiration hazard: Based on available data, the classification criteria are not met. 12 Ecological information Toxicity Aquatic toxicity No relevant information available. Persistence and degradability No relevant information available. Bioaccumulative potential: May be accumulated in organism Mobility in soil: No relevant information available. Other adverse effects No relevant information available. 13 Disposal considerations Waste treatment methods Recommendation: Must not be disposed of together with household garbage. Do not allow product to reach sewage system. Incinerate in accordance with local, state and federal regulations. The user of this material has the responsibility to dispose of unused material, residues and containers in compliance with all relevant local. state and federal laws and regulations regarding treatment, storage and disposal for hazardous and nonhazardous wastes. Residual materials should be treated as hazardous. (Cont'd.on page 8) Page: 8/10 Safety Data Sheet acc.to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 7) Uncleaned packagings Recommendation: Disposal must be made according to official regulations. 14 Transport information UN-Number DOT,ADR, IMDG UN0335 IATA FORBIDDEN UN proper shipping name DOT,ADR, IMDG Fireworks IATA FORBIDDEN Transport hazard class(es) DOLT' Class 1.3 Label 1.3G ADR Class 1.3 Label 1.3G IMDG Class 1.1 Label 1.3G IATA Class FORBIDDEN Packing group DOT II Environmental hazards Marine pollutant: No Special precautions for user Not applicable. (Cont'd.on page 9) Page: 9/10 Safety Data Sheet acc.to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 8) EMS Number: F-S,B-X Transport in bulk according to Annex II of MARPOL73/78 and the IBC Code Not applicable. IS Regulatory information Safety, health and environmental regulations/legislation specific for the substance or mixture United States (USA) SARA Section 302(extremely hazardous substances): None of the ingredients are listed. Section 304(emergency release notification): None of the ingredients are listed. Section 355(extremely hazardous substances): None of the ingredients are listed. Section 313 (Specific toxic chemical listings): Contact manufacturer. TSCA (Toxic Substances Control Act) All ingredients are listed. Proposition 65(California) Chemicals known to cause cancer: Contact manufacturer. Chemicals known to cause reproductive toxicity for females: Contact manufacturer. Chemicals known to cause reproductive toxicity for males: Contact manufacturer. Chemicals known to cause developmental toxicity: Contact manufacturer. Carcinogenic categories EPA (Environmental Protection Agency): None of the ingredients are listed. IARC (International Agency for Research on Cancer): Contact manufacturer. (Cont'd.on page 10) Page: 10/10 Safety Data Sheet acc.to OSHA HCS (29 CFR 1910.1200) Printing date: 01/06/2017 Revision: 01/06/2017 Trade name: FIREWORKS, DISPLAY (Cont'd.of page 9) NIOSH-Ca (National Institute for Occupational Safety and Health): Contact manufacturer. 16 Other information This information is based on our present knowledge. However, this shall not constitute a guarantee for any specific product features and shall not establish a legally valid contractual relationship. Date of preparation/last revision 01/06/2017/- Abbreviations and acronyms: ADR:European Agreement concerning the International Carriage of Dangerous Goods by Road IMDG:International Maritime Code for Dangerous Goods DOT:US Department of Transportation IATA:International Air Transport Association CAS:Chemical Abstracts Service(division of the American Chemical Society) LC50:Lethal concentration,50 percent LD50:Lethal dose,50 percent NIOSH:National Institute for Occupational Safety OSHA:Occupational Safety&Health TLV:Threshold Limit Value PEL:Permissible Exposure Limit REL:Recommended Exposure Limit LDLo:Lowest Lethal Dose Observed Expl. 1.3:Explosives—Division 1.3 Sources Website, European Chemicals Agency (echa.europa.eu) Website, US EPA Substance Registry Services (ofmpub.epa.gov/sor Internet/registry/substreg/home/ overview/home.do) Website, Chemical Abstracts Registry, American Chemical Society(www.cas.org) Patty's Industrial Hygiene, 6th ed., Rose, Vernon, ed. ISBN: 978-0-470-07488-6 Casarett and Doull's Toxicology: The Basic Science of Poisons, 8th Ed., Klaasen, Curtis D., ed., ISBN: 978-0-07-176923-5. Safety Data Sheets, Individual Manufacturers SDS Prepared by: ChemTel Inc. 1305 North Florida Avenue Tampa, Florida USA 33602-2902 Toll Free North America 1-888-255-3924 Intl. +01 813-248-0573 Website: www.chemtelinc.com