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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: S.A.
Fireworks at Pioneer Park
Railroad Days FILE NUMBER:
COMMITTEE AGENDA DATE: April 25, 2022
COUNCIL AGENDA DATE:
STAFF REVIEW: Tom Dabareiner SIGNATURE ==
APPROVED BY CITY ADMINISTRATOR:
Michael Guttman
SIGNATURE
ITEM SUMMARY:
Railroad Days is scheduled for July 7 — July 10. A City-sponsored fireworks display is planned for
Saturday, July 9, 2022 around 9:00pm. City Staff seeks approval of the attached 2022 Agreement with
Five Alarm for a fireworks display. The cost of the fireworks is $42,000 pending no cancellation day of
due to weather, which would then increase the cost by an additional $4,200.
A Fireworks Permit must be issued by the West Chicago Fire Protection District prior to the fireworks
display. City staff will work with the fireworks contractor and the West Chicago Fire Protection District to
ensure all appropriate Fireworks Permit documentation is acquired, submitted, and approved in time for
the event.
Certificates of Insurance naming the City as additional insured and/or hold harmless waivers will be
secured as necessary.
ACTIONS PROPOSED:
Staff recommends approval of the 2022 Agreement with Five Alarm. Approval for use of Police and Public
Works services to support the fireworks display in cooperation with the Fire Protection District.
COMMITTEE RECOMMENDATION:

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General Agreement
This agreement (“Agreement”) is made and entered into this 8th day of April 2022 by and between Five
Alarm Fireworks PO Box 67 Tinley Park, IL 60477, A Display Company (“Five Alarm”), an Illinois
corporation whose principle business is to provide fireworks displays in Illinois and the City of West
Chicago, 475 Main Street, West Chicago, Illinois 60185 (“Customer”), with Five Alarm and Customer
being collectively called the Parties.
That for and in consideration of the mutual covenants and agreements set forth herein, both Parties agree
and bind themselves as follows:
1. Five Alarm agrees to provide the Customer with a 30 minute professional fireworks display at
Pioneer Park in West Chicago, Illinois on July 9, 2022 at or around 9:00 p.m. Five Alarm shall also
furnish all equipment to fire the display, on-site safety inspections (to take place prior to the display),
fireworks accountability before and after the display, post-show site cleanup, and a second fireworks
display date in the case of cancellation due to inclement weather or unsafe conditions. If the Customer
determines a need to cancel the fireworks display, the Customer must notify Five Alarm no later than
3:00 p.m. on Saturday, July 9, 2022, at no additional cost to Customer. Five Alarm shall provide and
maintain commercial general liability insurance (as more specifically described in paragraph 2 below).
All services and products set forth herein, including rescheduling the display if necessary, are part of the
Agreement price set forth in paragraph 3 below.
2. Five Alarm agrees to maintain at its sole expense for the duration of this Agreement, liability insurance
protecting and indemnifying the Customer, its officials, employees, agents and volunteers, with respects
to all claims for personal injuries, death, or property damage incurring on, about, or in connection with
the performance of the fireworks display, including but not limited to set-up, firing and break down. Such
insurance shall name the Customer, its officials, employees, agents and volunteers as additional insureds,
and shall maintain limits no less than $5,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. Five Alarm’s insurance coverage shall be primary insurance
as respects the Customer, its officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the Customer its officials, employees, agents and volunteers shall be excess of Five
Alarm’s insurance and shall not contribute with it. The general aggregate shall be twice the required
occurrence limit or no less than $5,000,000 per occurrence. The general liability policy will have a no
shooters exclusion and the cross suits exclusion will not apply to the additional insured. Five Alarm shall
also maintain workers’ compensation insurance with statutory limits for its employees working on the
professional fireworks display for the Customer.
3. That in consideration for the above mentioned services the Customer shall pay Five Alarm Forty Two
Thousand Dollars and 00/100 Cents ($42,000.00). Customer agrees to pay Five Alarm a deposit of
$13,860 upon entering the Agreement. Deposit must be received by Five Alarm no later than May 6,
2022. If the Customer determines a need to cancel the firework display within 90 days of scheduled
display date, the deposit will apply to fireworks display at Pioneer Park summer 2023. If the
Customer cancels the firework display 90 days prior to display date, Five Alarm will refund the
deposit to Customer. Five Alarm shall provide the Customer a written invoice by July 15, 2022. The
Customer will pay the Agreement price by August 5, 2022 as long as written invoice is received no
later than July 15, 2022. A 1% % per month penalty shall be added, if the amount is not paid within
30 days after receiving the written invoice.
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General Agreement
4. If the fireworks exhibition is cancelled by the Customer after 3:00 p.m. on Saturday, July 9, 2022,
the Customer shall be responsible for and shall pay to Five Alarm the labor charge in the amount of $4,200.
Five Alarm shall have a duty to mitigate its damages hereunder.
5. Force Majeure: Customer will take all reasonable steps to complete its obligations under this agreement.
However, Five Alarm shall not be held respsonible for failing to perform its obligation under this
agreement if such failure is a result of; an act of God including extreme weather (winds over 20mph,
lighting, rain, tornado), natural disaster, terrorism, war, shipment delays, serious illness, pandemic
restrictions or mandates. Five Alarm and AHJ will jointly make final judgement.
6. The Customer agrees to furnish police related services and coordinate the procurement of fire
protection services for the event. The Chief of Police or his designee shall coordinate with Five Alarm for
police related services. Five Alarm shall comply with the West Chicago Fire Protection District’s
Fireworks Permit Application and insurance requirements. A dumpster or other means for garbage
removal shall also be provided. In addition, all this shall be at no cost to Five Alarm.
7. To the fullest extent permitted by law, Five Alarm hereby agrees to defend, indemnify and hold
harmless the Customer, its officials, employees, agents and volunteers, against all injuries, deaths, loss,
damages, claims, suits, liabilities, judgments, cost and expenses (including attorney’s fees), which may in
anywise accrue against the Customer, its officials, employees, agents and volunteers, arising in whole or
in part or in consequence of the performance of this work by Five Alarm, its employees, agents or
subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of
the Customer, its agents or employees. Five Alarm shall, at its own expense, appear, defend and pay all
charges of attorneys and all costs and other expenses arising therefore or incurred in connections
therewith, and, if any judgment shall be rendered against the Customer, its officials, agents and
employees, in any such action, Five Alarm shall, at its own expense, satisfy and discharge the same. The
invalidity or unenforceability of any of the provisions hereof shall not affect the validity or enforceability
of the remainder of this Agreement.
8. That it is mutually agreed by both Parties hereto that there is no other contract or promise, either
written or verbal, existing between them, which is not referenced herein.
9. Five Alarm shall apply for all licenses and permits required by the City and State law for the display of
fireworks to be provided under this Agreement, and shall pay all applicable taxes and/or license fees
imposed by the same.
10. This Agreement shall be interpreted by and governed by the laws of the State of Illinois and Parties
agree that any lawsuits arising out this Agreement must be filed in the Circuit Court of DuPage County.
11. This Agreement may be amended only in writing, signed by all Parties hereto.
12. All Parties executing this Agreement represent and warrant that they have the full authority to enter
into and execute this Agreement on behalf of the entity for whom they are purportedly acting. This
Agreement is signed by an authorized representative of the Customer in that representative's official
capacity only and the representative shall have no personal liability under this Agreement.
13. Five Alarm assumes full responsibility for the payment of all federal, state, and local taxes incurred
by Five Alarm as a result of this agreement.
2[Page

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General Agreement
14. Five Alarm shall not discriminate on the basis of race, color, religion, sex, national origin, ancestry,
age, marital status, physical or mental handicap, an unfavorable discharge from military service, or
any other factor as prohibited by law in the hiring, employment, promotion, or training of personnel.
Five Alarm certifies that it is an equal opportunity employer.
15. Five Alarm certifies that it maintains a written sexual harassment policy in conformance with 775
ILCS 5/2 - 105.
16. If Five Alarm has more than 25 employees, Five Alarm certifies that it provides a Drug Free
Workplace in compliance with the Drug Free Workplace Act. 30 ILCS 580/1 et seq.
17. Time is of the essence of this Agreement.
Five Alarm Fireworks City of West Chicago
Print Name Print Name
Signature Signature
Date Date
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WEST CHICAGO
PARK
DISTRICT
Commissioners
Teresa Carreno
Frank Lenertz
Rick Spencer
Courtney Voelz
Tony Zaputil
commissioners@we-goparks.org
Gary Major
Executive Director
gmajor@we-goparks.org
Gina Radun
Superintendent of Recreation
gradun@we-goparks.org
Michael Gasparini
Superintendent of Parks
mgasparini@we-goparks.org
Leslie Hoffmann
Superintendent of Finance
lhoffmann@we-goparks.org
w. we-goparks.org
e. info@we-goparks.org
p. 630.231.9474
e. 630.231.2352
201 W. National Street
West Chicago, IL 60185
Them #S. 6B.
March 3, 2022
City of West Chicago
Public Affairs Committee
475 Main Street
West Chicago, IL 60185
Seeking Your Support For Upcoming 50" Anniversary Celebration
Dear Committee Members:
Nearly 50 years ago, on May 20, 1972 the West Chicago Park District was created
thanks to a community organization called “Concerned Citizens for Better Recreation.”
Their conviction led to a District with a vision to create an enhanced quality of life
through effective programs, progressive facilities and preservation of parks and natural
resources.
Throughout the years, ever-evolving District has impacted the lives of residents by
creating community. Undoubtedly, Reed-Keppler Park has become the jewel of the
town and due to recent developments of innovative facilities, individuals and families
have found the perfect place to gather and take part in the countless programs, making
this space the new heart of the community.
Throughout Summer, the Park District will be offering several opportunities for the
community to be involved in festivities such as a family sock hop, roller blading, special
exhibits, activities and more. The feature event would be the 50" Anniversary
celebration for the August event at the Shell. Brining the community together with
entertainment, activities and food to reminisce on the best of the past five decades.
The celebration is scheduled for August 20, 2022.
For the last few years, the Summer at the Shell series presented by the Park District and
the City of West Chicago has featured a fireworks display as a highlight and special
presentation during one of the main three events. This year, fireworks will be allocated
to Railroad Days. We seek your support to supplement the cost of an additional display
for the 50" Celebration.
On the behalf of the West Chicago Park District, | would like to request the support of
$15,000 from the Public Affairs Committee to contribute to the costs of fireworks, this
will culminate the festivities and wrap up the summer season.
Thank you for your consideration. If you have any questions, comments, or concerns,
please contact me at 331-240-2043 or Imedina@we-goparks.org. | look forward to
hearing back from you.
Lily Medina
Marketing and Communications Manager

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Them # S.C.
“43 Cultural
GOCenter
DuPage
April 19, 2022
The Mexican Cultural Center DuPage is proposing a new mural in West Chicago as part of our 2022
Alebrijes in DuPage project. This summer we will be placing 48 alebrije sculptures on exhibit at Cantigny
Park. We thank West Chicago for their support of this project and for being one of the home bases for
the six Mexico City artists who created these pieces and will be installing them and then working with us
on community workshops and outreach. This project has already gained much attention for our
organization, which celebrates its 10° Anniversary this year, and the City of West Chicago.
To further attract attention to West Chicago and grow the public art in downtown, we are proposing a
mural that is inspired by the alebrijes pieces and their mythical creation story. Juan Chawuk, a returning
visiting artist Juan Chawuk will be painting the piece. Juan completed the existing monarch butterfly
mural that the Cultural Arts Commission placed on the southwest side of Supermercado Tampico. You
will find the attached draft for our mural, proposed placement and permission letter from
Supermercado Tampico. Our proposal would see this mural painting this summer, with a dedication
during West Chicago Food Fest in August. We are not asking for any funds from the City of West Chicago
and are working on this project in collaboration and with the support of the Cultural Arts Commission. If
you have any questions, we will be happy to answer them, and would request approval for this project.
Thank you,
Fernando Ramirez
President, Mexican Cultural Center DuPage

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Mural design and location proposal
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April 18, 2022
To Whom It May be Concerned,
On behalf of Supermercado Tampico, located at 516 Main Street, West Chicago, IL | am affirming my
support of the Mexican Cultural Center DuPage’s plan for the placement of an alebrijes mural on the
west side of our building, next to the Cultural Arts Commission mural. As a host sponsor, Supermercado
Tampico would be willing to help financially support this project.
As a longtime, community business, we are happy to be part of the continual growth of art in West
Chicago.
Jose._£ Ocampo (ow.
Martha M. Ocampo (owner}

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Juan Chawuk (Juan Aguilar Santis)
Birthdate:
Birthplace: Las Margaritas, Chiapas
Residency: San Cristdbal de las Casas, Chiapas, Mexico
ni
Cellular
BIO
Juan Chawuk is a Tojolobal Maya from Chiapas, Mexico, and is considered
by many to be the best artist in Chiapas, Mexico, and an area known
worldwide for its artistic excellence. He has had exhibits as well as done
murals all over Mexico, in the United States and Europe. He is an excellent
educator and is amazing with children and he can do workshops and projects
with students and can paint murals as well.
U.S. exhibits
West Chicago, Illinois
Chicago
Kansas City, Missouri
Los Angeles, CA
Milwaukee, WI
Moline, Illinois
Phoenix, Arizona
Rutgers University
He has also done murals in Kansas City and Chicago.
He has also exhibited and held workshops in
Belgium
China
Columbia
France
Italy

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ARTIST STATEMENT
Ideas appear unbeholden to topic or established styles. Chawuk’s journey in
the arts is visionary but barely accepted because it is complex and
arduous. He himself flees from the comfortable ease of a trend or label. He
leaps into risk. He neither self-excludes nor indulges himself in vanity art.
Instead, even in mistakes, he exalts rational, emotional intelligence within
the freedom found therein. That is when the panorama unfolds in his
creation, strengthening the reflection of textures of Character, Time and
Matter. With the allure of pheromonic attraction that transports us over
rainbows of acceptance and respect for human diversity or the uncovering of
feculent humanity’s racism or discrimination.
Below is a mural from Kansas City school and the second is a mural he did
at Solorio. He has done 6 murals in the U.S. and over 20 in Mexico.
The others are samples of his work.