The URL can be used to link to this page

Home My WebLink About23-151 Resolution No. 23-151 RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT WITH CHICAGO DRONE LIGHT SHOW, INC. FOR A DRONE SHOW IN CONNECTION WITH THE END OF SUMMER BASH AT FESTIVAL PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that it hereby ratifies and approves the execution of an Agreement by Richard G.Kozal, City Manager, and Kimberly A. Dewis, City Clerk, with Chicago Drone Light Show, Inc., for a drone show in connection with the End of Summer Bash at Festival Park, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaytain David J. Kaptain, Mayor Presented: July 26, 2023 Adopted: July 26, 2023 Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk $- URA, C H I C A G 0 SHOWS - -- Quotation Customer: City of Elgin,August 9'Event Date: 05/03/2023 Quote Expires: 05/17/2023 Show Date: August 19a',2023 Location: Festival Park Elgin,IL Drone Show Description Chicago Drone Light Shows will supply a 150 drone show for August 19'",2023 event. Cost Drones 540,000.00 Creative Services for standard designs Included Insurance Included Production(labor,travel,freight,etc.) Included Total $40,000.00 Notes:Enact show location on site TBD.A 250 foot safe zone is required to be completely clear of patrons in order for a show to be performed,it is the responsibility of the client to ensure the proper space is set aside and restricted from public access.This quote is for 9 to 10 minute show. AGREEMENT This Agreement("Agreement")is for the supply of a Drone Show described on the Quotation page of this document. This Agreement is between the City of Elgin ("City" or "Customer") and Chicago Drone Light Shows, Inc. ("CDLS"), an Indiana corporation. Cullectively the City and CDLS shall be referred to as the Panics. Both Parties acknowledge that this Agreement consists of the terms written on all pages of this document. CD1S RESPONSIBILITIES CDLS agrees to: • Design and safely operate a Drone Show on the Show Date at the location specified in Exhibit B("Location"). • Create content for the Drone Show,subject to the capabilities of the equipment. • Pilot and technical team. • Standard design work is included. Any custom logos, designs, insignia or intricate animation will incur additional design work cost. CUSTOMER RESPONSIBILITIES Customer agrees to provide the items specified in Appendix A ("Responsible Items") and understands that the Responsible Items are essential for show operation. In the event CDLS believes that the City has failed to deliver any of the Responsible Items,CDLS must contact the City in writing as soon as practicable,but in no event later than Forty-Eight(48)hours before the Show Date. If the City fails to deliver any of the Responsible Items after receiving at least Forty- Eight (48) hours written notice, then CDLS may terminate the Agreement. In the event CDLS terminates the Agreement before the Show Date,CDLS must refund the 50%deposit provided by the City. TERMS OF PAYMENT A 50%deposit is due upon accepting this quotation.The remaining 501/6 becomes due 30 days prior to the Show Date.In the event that the Show Date is less than 30 days in advance,payment in full is required at the time of acceptance. Payment should be sent directly to the following address:All funds quoted in USD. Chicago Drone Light Shows 3999 E.Hupp Road,Bldg R-3-1 La Porte,IN 46350 INSURANCE Throughout the term of this Agreement, CDLS will obtain and maintain comprehensive general liability insurance coverage in an amount of not less than Five Million Dollars($5,000,000.00)per claim.CDLS additionally agrees to name the City as an additional insured on the policy. FETES AND TAXES The City is exempt from paying any applicable taxes by virtue of its status as a home rule unit of local government. 2 SHOW SAFETY,WEATHER,CPS,AND COMMUNICATION The Pilot in Command (11IC) is the ultimate authority regarding fight safrty. CDLS will only operate a show under safe conditions.Shows cannot be operated in precipitation or winds in excess of 23 miles per hour. Occasionally,drone sensors detect abnormalities and for safety reasons the fight controller may instruct affected drones to land or not take of.It is possible that all drones may not participate in a show.CDLS supplies spare drones in order to maximize the number of drones available for flight. A stable electromagnetic environment is critical to successful Drone Show operation. Show operations require a strong and clear GPS signal, a clear radio communication frequency (902- 928MHz in North America),and no magnetic field anomalies.Without them,the Drone Show will be canceled. PANDEMIC CANCELLATION Should government imposed pandemic restrictions result in cancellation of the Drone Show,CDLS will work with Customer to reschedule the Drone Show to a mutually acceptable date.There will be no extra charge except for any additional direct expenses(travel,freight,etc)incurred by CDLS due to the change in Show Date. WEATHER CANCELLATION Should adverse weather conditions result in cancellation of the Drone Show, Customer has the option to either 1)receive a 50%refund(excluding freight,travel,professional services incurred) or 2)reschedule the Drone Show to a mutually acceptable date.For rescheduling occurring prior to either equipment or personnel departing for the Drone Show,Customer pays for any additional direct expenses (travel, etc) incurred by CDLS. Otherwise, Customer pays for additional direct expenses and a 20%rescheduling fee at least 30 days prior to the new Show Date. Rescheduled shows must occur within one year of original Show Date. CHOICE OF LAW This Agreement shall be governed by, and construed in accordance with,the laws of the State of I inois.Venue for the resolution of any disputes or enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. CLDS 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 Consultant agrees that service by first class U.S. mail to 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. ENTIRE AGREEMENT This Agreement contains the entire understanding and agreements between the parties hereto respecting the subject matter, and there are no representations, agreements, arrangements, or understandings,oral or written,between and among the parties hereto relating to the subject matter outside of this Agreement. [SIGNATURE PAGE FOLLOWS] 3 CHICAGO DRONE LIGHT SHOWS,INC. CITY OF JN Phifi Name � / Ilichard G.Koza1,Uty Man �gnature Attest: n � Title City Clerk lcgd Dcp1\Agr=D=flMicW Drorc Lighl Show Agm=ncrd-Ctm-59.23.do 4 Appendix A Customer Responsibilities • A secure,dedicated Take Of and Landing Zone(TOLZ)for the drones.All spectators and non-fight crew personnel must always remain a minimum of 100 feel away from any drone, • A secure Flight Operations Area (FOA) which includes the area in which Drone Show occurs along with a surrounding Safety Zone.SZ dimensions are determined by the altitude at which the drones fly; the exact location and dimensions of the FOA and SZ are to be agreed in advance by CDLS and Customer. Only fight crew personnel are allowed in the FOA and SZ during fight. Customer is responsible for establishing and maintaining a secure perimeter for the FOA and SZ. • A site plan showing location of spectators and FOA options no later than 90 days prior to Show Date. • Final approval of show site layout and show time two weeks prior to the Drone Show. • Final approval of show content no later than 30 days prior to the Drone Show. • Full access to the show site at least six hours prior to show time. • Authorization for use of any logos or images used in the Drone Show. 5 Appendix B Location Any roads in the safety zone must be restricted from public access 5 minutes before show time, and remain closed until all drones have landed, Insert Site Map Here E,cvlilde 361 1111 1114 0