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HomeMy WebLinkAbout24-106 Resolution No. 24-106 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SKYWORX DRONE SHOWS LLC 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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Skyworx Drone Shows LLC,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. Kaptain David J. Kaptain, Mayor Presented: April 24, 2024 Adopted: April 24, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT FOR DRONE (UAV) SHOW CELEBRATING END OF SUMMER BASH (RFP-24-009) THIS AGREEMENT is hereby made and entered into this 24th day of April 2024, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Skyworx Drone Shows LLC an Idaho corporation (hereinafter referred to as "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: 1. PURCHASE. City shall purchase and Seller shall sell and provide the goods and/or services to the City as described in the thirty-seven(37)page proposal attached hereto and made a part hereof as Attachment A. 2. TERMS.This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. 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. Seller 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 Seller agrees that service by first class U.S. mail to Skyworx Drone Shows LLC, 106 N.6th Street, Suite 226, Boise,ID 83702 shall constitute effective service.The Parties hereto waive any rights to a jury. 4. NO MODIFICATION.There shall be no modification of this Agreement,except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. 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. 6. INTEREST. Seller 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 505/1,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. 7. 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. 8. 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, Seller 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,nondiscrimination and legal status of employees. 9. COUNTERPARTS AND 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. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine,email,or other electronic means 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 facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay to the Seller Thirty Three Thousand and Five Hundred Dollars ($33,500) for the services to be provided pursuant to this Agreement pursuant to the rates as set forth in Attachment A hereto. A deposit of fifty (50) percent in the amount of Sixteen Thousand Seven Hundred and Fifty Dollars ($16,750) will be issued within forty-five (45) days of the effective date of this agreement. The remaining fifty (50)percent in the amount of Sixteen Thousand Seven Hundred and Fifty Dollars ($16,750) will be issued no less than ten (10)days before the event.The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 11. 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. 12. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify,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 omissions of Seller or Seller'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 and hold harmless, such action shall be defended by legal counsel of the City's choosing. 13. TERM AND TERMINATION. The terms of this Agreement shall commence upon the date of execution hereof and shall continue until the end of the show. In the event this Agreement is so terminated, the Seller shall be paid for services actually performed prior to termination except that reimbursement shall not in any event exceed the prices set forth in Exhibit A attached hereto. 14. RELATIONSHIP BETWEEN THE PARTIES.This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 15. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever.Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as,a waiver of any such rights. 16. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 17. TIME IS OF THE ESSENCE.Time is of the essence of this Agreement. 18. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,components,and services to the benefit of the City. 19. NONDISCRIMINATION.The Seller will not discriminate against any employee or applicant for employment because of race,color,religion,sex,national origin,age,ancestry,order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants,prospective job applicants,and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually 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. Skyworx Drone Show, LLC / y !gin , ,04, Taylor Woodall Richard G. Kozal CEO Ci Manager Kimberly Dewis City Clerk K Z 4 . ,. 111 y ' *A • •If ?r 1 ; WIIIMIN. . s a +' �t►. • le .' li 1. `tr i ` f M . • ••,..... ...1 .,... i t • • f' i / k.), t," !well • .11. 1 ':itili: . . --< 'pit ° • - , • .� ��. • tit•: �� f� •4' . . • Z 0 • • • :`': 1 .1 • , .• r iJI 7 iIP r z X = 0 —I O -< > --i O O up 0 1:13 - li 7' O X � � C 0 Z CD = D - I O _ � m D m m rn umml p m O = C Z m O Z H m D m m U) m r -:' D Cn v) < cry G) O rn D r0 m OO m co * P = D I_ rn r D cry D - O 71 m p C O up � K o u)5-6 oC D0 2J r m m m z m o -I m 7] O Z DC m I r Z CO E m C H z D H Z v O ♦ Y \ .• II ... 0 .. 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Skyworx Drone Shows, LLC 106 N 6th St#226 Boise, ID 83702 Jesse Asoau Business Development Manager (949)774-8346 I jesse.asoau@skyworx.com This proposal is submitted in compliance with the requirements outlined in the request for proposals. Our team has meticulously reviewed the specifications provided by the City of Elgin, and we believe that our expertise and technological capabilities align seamlessly with the vision you have for the event. We are confident in our ability to deliver a spectacular drone light show that not only meets but exceeds the expectations of the City of Elgin and its residents. The undersigned individual, Jesse Asoau, is duly authorized to certify the information presented in this proposal on behalf of Skyworx Drone Shows, LLC and to bind the proposing entity to the terms and conditions outlined herein. We appreciate the opportunity to be considered for this exciting project and look forward to the possibility of contributing to the success of the City of Elgin's upcoming event. Should you have any questions or require further information, please do not hesitate to contact us. Thank you for considering Skyworx Drone Shows, LLC for the exciting drone light show project. We are thrilled at the prospect of collaborating with the City of Elgin to deliver a mesmerizing and unforgettable event. In response to your inquiry regarding our project approach. intended deliverables, and strategy to achieve key milestones, we provide the following comprehensive overview. Project Approach: At Skyworx, our approach is rooted in a combination of cutting-edge technology, creative innovation, and meticulous planning. Our team is committed to tailoring the drone light show to reflect the unique character and essence of Elgin. To achieve this, we will conduct a thorough site analysis, considering factors such as topography, audience locations, and safety measures. Our experienced drone choreographers and technicians will collaborate with local authorities to ensure compliance with all relevant regulations and secure necessary permits. This approach guarantees a seamless integration of our aerial display with the city's vision while prioritizing safety and adherence to legal requirements. Intended Deliverables: Our proposal includes an outline of the intended deliverables, encompassing a full-scale drone light show that aligns with the specifications outlined in your request for proposals. This encompasses a choreographed performance that blends synchronized drone movements with captivating light displays, creating a visually stunning and immersive experience for the community. Additionally,we will provide comprehensive documentation of our safety protocols, flight plans, and contingency measures to assure the City of Elgin of our commitment to a flawless execution. Proposed Strategy for Key Milestones: To ensure the successful achievement of key milestones, we propose a collaborative timeline that involves regular communication and coordination with the City of Elgin's event planning team and our Concierge Service. Our project management approach involves phased milestones, including design concept approval, technical rehearsals, and a final review to address any last-minute adjustments. Throughout the process, Skyworx commits to maintaining open lines of communication, providing real-time updates on progress, and promptly addressing any concerns or feedback from the City of Elgin. Our dedicated project manager will serve as the primary point of contact, ensuring a streamlined and efficient workflow. We believe that our innovative approach, commitment to safety, and dedication to excellence align perfectly with the vision of the City of Elgin. We look forward to the opportunity to bring the skies to life and create a truly magical experience for your community. Qualifications: Skyworx Drone Shows, LLC boasts a talented and versatile team with diverse backgrounds, combining expertise in drone technology, event management, and creative execution. Our professionals bring a unique blend of skills, ensuring a holistic and innovative approach to every project. Our qualifications extend beyond traditional boundaries,with a proven ability to adapt our drone shows to the specific needs and nuances of various clients and locations. Experience: Over the years, Skyworx has successfully executed drone shows for major international brands, providing captivating and memorable experiences that align with each brand's identity. Our portfolio showcases the versatility of our drone shows, having delivered awe-inspiring performances for cities,event organizers, music festivals, and clients ranging from large corporations to emerging startups. Working with Various Clients: Our experience extends to collaborating with diverse clients, understanding and catering to their unique visions and requirements. Whether orchestrating a grand aerial display for a major city celebration or crafting an intimate drone show for a boutique event, we have consistently exceeded expectations. [Provide specific examples of notable drone show projects, emphasizing the range of clients and the tailored nature of each experience.] Past Clients Include: • Disney • Marvel (Dr. Strange: Multiverse of Madness) • VIVID Sydney 2023 (Sydney, Australia) • Samsung • FIFA • Peacock • Versace(Sydney, Australia) • Boston Red Sox (first ever drone light show at Fenway) • Boise State University & University of Idaho • KISS (musical band) • 2023 Women's World Cup Celebration • And many more, we encourage you to visit our website or YouTube channel to view more client work. In alignment with our dedication to excellence and innovation, Skyworx is eager to bring our wealth of drone show experience to the historic preservation aspects outlined in this RFP. We believe that our adaptability, creativity, and global perspective will contribute significantly to the success of this unique project in Elgin. Here's our proposed concept, patterns, thematic design, and unique features within the designated budget: Collaboration and Coordination: 1. Elgin Committee: The proposer will work in tandem with the Elgin Committee to align the drone light show's content with the overarching theme of the celebration. Content creation, scripting, and thematic elements will be developed in conjunction with the committee's guidance. 2. Local Radio Station: Coordination with a local radio station for the live narration/music broadcast during the drone light show is essential. The proposer should seamlessly integrate the narration with the show to enhance the audience's Experience. If you are not using a local radio station we can work closely with your DJ/sound management team to ensure music synchronization. 3. Elgin Fire Department: Close collaboration with the Elgin Fire Department is necessary. The proposer must ensure synchronization and safety between the drone show and all departments involved. 4. Other Pertinent Entities:Any additional coordination needs, such as local authorities, relevant city departments, or emergency services, should be addressed in the proposal. This may include securing necessary permits, ensuring public safety measures, and complying with local regulations. We will take care of all permits necessary to produce the show. Technical Details, Safety Protocols, and Weather Contingency: Technical Details: The proposer should provide a comprehensive breakdown of technical specifications for the drone light show This includes, but is not limited to: • Drone Specifications: Quantity, model, and capabilities of drones proposed for the show. • $32.5k = 300 drones • Model: X 1 or X7 o Altitude: up to 400ft o Wind Resistance: 35 mph gusts o Brightness: 990 lumens o Weather Tolerance: Can fly in light rain and/or moderate winds. • Show Duration: Duration of the show, including the number of images, their sequence, and synchronization. • Show Duration: 8-12 minutes, depending on creative. • Number of Images: 10-16, varying based on image characteristics, length, and transitions • Image Details: o All images are custom-made. o Synchronized to meet client specifications and storytelling goals. o Developed collaboratively with the committee and other stakeholders. • Brightness and Display Capabilities: Lumens or other measures of brightness for individual drones, as well as the collective display capability. • Individual Drones: Each drone is equipped with 990 lumen projection. • Collective Display: The overall display capability is a cumulative effect of the brightness of individual drones,the number of drones, and the type of creative images. 300 drones or more allow for 3D images and an overall greater lasting visual impact. • Audio Coordination: Explanation of how the show will be coordinated with live narration broadcasted by a local radio station/DJ/Band etc. • Options include countdown or timecode synchronization. • Limitations and Aircraft Details: Specifics on altitude, maneuverability, and any operational limitations of the drones used in the show • Altitude: o Depending on airspace regulations, our drones can operate within the range of 10 ft to 400 ft above ground level. • This is discovered through the FAA website and is as easy as a search to determine what clearance we can fly. Our check shows we have no regulation of altitude with the proposed launch zone. • Maneuverability: o Our drones exhibit exceptional maneuverability with transitions limited to 20-25mph. This ensures precise and controlled movements during the drone light show, contributing to the overall safety and choreographic precision of the performance. • Weather Tolerance: Detailed information on temperature and wind speed tolerances during operations. • Operating Conditions: o Wind Speed Tolerance: • Our drones are designed to operate in wind conditions with gusts up to 35 mph. This capability ensures stability and controlled flight during varying wind conditions, contributing to a safe and reliable performance. o Temperature Tolerance: • While our drones are resilient, operational challenges may arise in temperatures of 15 degrees Fahrenheit or below. In colder temperatures, the efficiency of the batteries may be affected, and operational difficulties may be experienced. It is recommended to consider weather conditions when planning events during colder periods to optimize performance. • Examples and References: Previous similar shows executed by the proposer with relevant references and contact information. • The following is a list of our select clients. Contact information can be provided by request: o Electric Daisy Carnival (EDC) • Las Vegas, NV& Orlando, FL • 400-600 drones • NASCAR Infinity Series • Phoenix, AZ • 400 drones • Tennis Canada National Bank Open Celebration • Montreal, Canada • 500 drones • 2023 Women's World Cup • Los Angeles, CA & Miami, FL • 500 drones • Isle of Wight Festival • England, UK • 500 drones • Versace • Sydney, Australia • 500 drones • Marvel Studios' Doctor Strange in the Multiverse of Madness Promotion • 200 drones Safety Protocols: The proposer must outline a comprehensive set of safety protocols and,failsafe procedures to ensure public safety and operational integrity throughout the show. This includes, but is not limited to: Operating Procedures: Detailed operational procedures ensuring safe deployment and execution of the drone light show. • Please see the enclosed FAA Plan and Waiver. Emergency Response Plan: Contingency plans for unforeseen circumstances, including immediate response to technical failures or safety hazards. • Please refer to the enclosed FAA Plan and Waiver. Public Safety Measures: Precautionary measures to ensure audience safety during the event, including crowd control and secure viewing areas. • We can advise on certain aspects of Public Safety Measure and work in conjunction with local authorities and security. We ensure safety by not flying over people and our drones, if malfunctioning, will return to our safe landing zone automatically. We encourage you to review our enclosed FAA Plan and Waiver. Weather Contingency: Specific guidelines indicating weather conditions that would warrant cancellation or postponement of the show. Cancellation or Postponement Guidelines: • Our drone light show prioritizes the safety of both the audience and the equipment. The show may be canceled or postponed under the following weather conditions: • Temperature Below 10 Degrees Fahrenheit: o Extremely low temperatures can impact the efficiency of the drones and compromise their performance. Therefore, shows may be canceled or postponed if temperatures are expected to be below 10 degrees Fahrenheit. • Freezing Rain: o Freezing rain poses a risk to both the drones and the audience. In the event of freezing rain,the show may be canceled or postponed to ensure a safe and smooth performance. • Wind Gusts Up to 35 mph: o While our drones are designed to handle wind conditions, gusts exceeding 35 mph may compromise the stability and safety of the performance. In such cases,the show may be canceled or postponed. • Lightning: o Lightning poses a significant safety risk. If there are lightning strikes in the vicinity,the show will be canceled or postponed to protect both the audience and the equipment. Weather Determination and Procedures: The proposer should define the conditions that would necessitate the postponement or cancellation of the show and provide specific procedures for making this determination. This should include, but not be limited to: Weather Thresholds: Outline specific weather conditions such as heavy precipitation, strong winds exceeding operational safety limits, or extreme temperatures that would trigger a postponement. • Any lightning, heavy rain, heavy snow,winds more than 35 mph would be a trigger for postponement. Assessment and Decision-Making: Detail the process of evaluating weather conditions and making the final decision to postpone the event. This includes the individual or team responsible for the assessment and how it will be communicated to the organizing committee. • The lead pilot and the highest-ranking member of Skyworx present at the drone show's location hold the authority to decide on a show postponement. Our initial consultation is with the National Weather Service to assess any extreme weather conditions that pose flight risks. Should we deem the conditions unsafe for an extended period, exceeding an hour's wait time, we will promptly engage in discussions with our client to explore rescheduling options for the event. Notification Protocols: Clearly state the lead time required to notify the event organizers and attendees in case of a weather-induced schedule change. This should include how much notice will be provided and the means of communication used. • Lead Time for Weather-Induced Schedule Changes: o The notification timeline for weather-induced schedule changes is contingent on various factors, including weather conditions and the availability of reliable data from meteorological organizations. As a general guideline: o Initial Notification: • In cases where adverse weather conditions are anticipated well in advance (e.g., six months prior to the event), the initial decision to potentially reschedule or evaluate an alternative date may be deferred until the week of the event. o Final Decision and Communication: • A final decision and communication regarding a schedule change will be made as close to the event date as possible, ensuring the most accurate and up-to-date weather information is considered. o Means of Communication: • Event organizers and attendees will be notified through the designated communication channels, which may include email, official event websites, social media platforms, and any other established channels for disseminating event information. Alternate Dates and Rescheduling:. In the event of a weather-induced postponement,rescheduling will be arranged for the next available dates that are mutually agreed upon by both the event organizers and Skyworx Drone Shows. The rescheduling process involves the following considerations: • Mutual Agreement on Alternative Dates: o Both parties, including event organizers and Skyworx Drone Shows, will collaborate to identify suitable alternative dates within the same week or a later time frame, ensuring mutual agreement on the rescheduled date. • No Additional Costs: o There will be no additional costs associated with rescheduling to an alternative date. Skyworx Drone Shows is committed to accommodating changes due to weather conditions without imposing any financial burden on the event organizers. • Decision-Making Authority: o The final decision on whether to proceed with the rescheduled date is at the discretion of the Director of Aviation pilots. This ensures that decisions are made by qualified professionals who consider safety, weather conditions, and the feasibility of conducting a successful drone light show. Creative Concept Artistic Vision: Our overarching artistic vision for the drone light show is one of complete customization and creativity. We understand that each event is unique, and our approach is to work closely with the client to craft a one-of-a-kind, visually stunning experience that aligns with their vision and objectives. Key Features of Our Artistic Vision: • Customization and Collaboration: o The vision and creative elements of the drone light show are fully customizable. Our award-winning designers, integral to our team, will actively collaborate with the client to understand their preferences,themes, and desired atmospheres. • Unique and Innovative Concepts: o Our commitment to innovation means that we are constantly exploring new ideas and technologies to push the boundaries of what is possible. From intricate choreography to dynamic formations, our shows incorporate innovative concepts that set them apart. • Immersive Audience Experience: o Utilizing choreographed movements, synchronized lighting, and dynamic formations, our drone light shows are designed to create an immersive experience for the audience. The synchronized dance of the drones against the night sky transforms the event into a mesmerizing spectacle. • Adaptive to Themes and Occasions:- o Whether celebrating a city anniversary, a cultural event, or a corporate milestone, our drone light shows are adaptive to various themes and occasions. The visual narrative is tailored to resonate with the specific goals and atmosphere of each event. Our artistic vision extends beyond a mere performance; it aims to create lasting memories and evoke emotions through a visually captivating and awe-inspiring drone light show. We look forward to the opportunity to bring this vision to life for the City of Elgin. Narration and Storytelling: Our proposed approach to narration in the drone light show is marked by flexibility and creativity, leveraging the unique capabilities of this mesmerizing form of entertainment. The key aspects of our approach are as follows: Incorporating Themes and Narratives: • The beauty of drone shows lies in their novelty, and we recognize the opportunity to incorporate various thematic elements, including narration. Whether it's telling the history of Elgin or conveying a specific theme, the show's adaptability allows for a dynamic narrative. Diverse Audiovisual Elements: • Our drone light shows go beyond visual displays. Depending on the client's needs and the desired narrative, we can seamlessly integrate narration, music, spoken poems, and more. This versatility ensures a multi-sensory experience that captivates the audience on intellectual and emotional levels. Countdowns and Timecodes: • The synchronization of audiovisual elements is achieved through precision countdowns and timecodes. This meticulous coordination ensures that every element of the show, including narration, aligns seamlessly with the drone choreography. This results in a synchronized and cohesive presentation that enhances the overall impact of the performance. Engaging and Resonating with the Audience: • The drone light show is designed to engage and resonate with the audience on both emotional and intellectual levels. The combination of captivating visuals and thematic narration creates a unique and immersive experience. Whether telling Elgin's history or conveying a specific message,the show aims to leave a lasting impression that lingers in the minds and hearts of the audience. Client-Centric Customization: • Understanding that each client may have specific needs and narratives, our approach is client-centric. We actively collaborate with the client to understand their vision, ensuring that the narration, thematic elements, and overall presentation align seamlessly with their goals and aspirations. In summary, our proposed approach to narration in the drone light show is characterized by adaptability, creativity, and precision. By integrating diverse audiovisual elements and leveraging synchronization techniques, we aim to create a performance that not only visually dazzles the audience but also emotionally and intellectually engages them in a memorable and impactful way. Technical Innovation: Highlight any groundbreaking or pioneering techniques, technologies, or special effects that will be incorporated. This could include unconventional choreography, unique lighting patterns, or any other innovative technical aspects that enhance the visual spectacle. • Our philosophy is simple: You Dream It, We'll Do It. Plan Inefficiencies: As per our comprehensive review of the City's plan outlined in the RFP,we have identified no inefficiencies or potential problems that would hinder our ability to execute a drone light show. Our expertise and adaptability allow us to seamlessly integrate with the City's vision,ensuring a successful and smooth execution of the event. Should any unforeseen challenges arise during the planning or execution phases,our team is well-equipped to address them promptly and effectively. Our commitment to open communication and collaboration ensures that any adjustments or solutions needed will be handled efficiently, preserving the overall success of the drone light show. Site Map: Overall view of area maps are included with 3 location options. If topography has changed since google maps has updated we can discuss other options for launch locations. RFP 24-009 2024 Drone Show PRICING SHEET DESCRIPTION PRICE Prepare and execute a 10-15 minute $ 2 S 0-00 drone show viewable from Festival Park in Elgin, IL. The proposal should include display comprised of no less than 200 drones. Prepare and execute a 10-15 minute $ 32, Sow drone show viewable from Festival Park in Elgin, IL. The proposal should include display comprised of no less than 300 drones. COMPANY NAME ����� !X D(orc, 3I1CriAr�6 `;(.( O F FLC. f 41 �� ReimFF City of Elgin, Illinois Certification Requirements Please submit all required forms and documentation, fully completed and signed, with your proposal. No proposal will be accented without this information. 1. To assure compliance with the City of Elgin's Affirmative Action Ordinance,all contractors and vendors.Herein referred to as"bidders",are requested to submit the following information: a. Workforce analysis using the enclosed Bidder's Employee Utilization form. b. Provide the information required in Item #3 on the employee utilization form if the answer to Question#2 on the form is"Yes". c. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity.(A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.) 2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must submit a signed sexual harassment form enclosed with the Invitation to Bid. 3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. 4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result • of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating. S. The successful bidder agrees that upon acceptance by the City of Elgin,the executed Invitation to Bid along with all instructions,conditions,and specifications attached eto constitute a binding contract which may be enforced by the city. Signature/Title lH Company Name S s Address 106 lv 64 S•1 #226 TOM:/ i p f 3g is 2 Phone Number 9gs- 224- /64 ' Email Address j.essa..a.teak1ra sL•ywon( coal FEIN No. i 8 - 42666149 9 `••:i 0.F•E` 1 r `J 1/LipBs' NiS '� !k 4_ , t 1 Q v= `t 7 �� I.. City of Elgin,Illinois BIDDER'S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action-City Contracts 1.Name and Address of Bidder 2. Description of Project J t3S-'.- A5ou w - Slc vlworx D S k4 v c 300 Dana. st•tow -L -4Ew 106 - N 6- Irol St *27.6 £ _ a4 Su si.4% ,-"EpAl!._. gvta. I p Q31i2 to., r a clal,1 - JOB CATEGORIES Total African Caucasian Hispanic Asians or Indigenou Minority Female(All Pacific Employees American s People 04&F) Categoriec) Islanders M / F M / F M/ F M / F NI / F Example: 18 3 /5 3 /2 4/0 0/1 0 /0 55.6% 44.4% Managers (10/18) (8/18) Gl✓O I I / f-'' mou,a `/ I� j 6y, (4-tzi} (I/Z)) TOTALS 2 I i 3�/ 3// ' / ,12 %.. 4-.16 %a Si Company Official -1'itic Telephone Number Date Signed Page r'PM Q3 -224 -- 164K 2/2fZ-4 of 2. Hav you a er been awarded a bid by the City of Elgin? Yes A No 3. If the answer to question #2 is Yes,please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. Please submit,according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. An Employee Utilization Form is required for any subcontractors. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the City of Elgin,the City amongst other actions may cancel,terminate,or suspend the contract in whole or in part. 8 CITY OF ELGIN,ILLINOIS 7AX/COLLUSION/DEBARMENT/PREVAILING WAGE/LEGAL STATUS OF EMPLOYEES AFFIDAVIT State of I0610 ss. County oft.. Jew.. Ajoaw— _, being first duly sworn, hereby deposes and states: (1) That s/he is the tne� (D{ e,lo , -I of the party making the foregoing bid. (2) That the bidder is not batted from contracting with any unit of local government for any reason,including but not limited to debarment as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 5/33E-4,as amended. (3) That no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise restrain competition by agreement has taken place. (4) That the bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting any such tax. (5) That the bidder hereby certifies: [check all that apply] • k Bidder has not received any notices of violations of the Illinois Prevailing Wage Act(820 ILCS 130/0.01 et seq.) • In the event any such notice has been received by bidder,a copy of any such notice is attached hereto. • In the event that bidder has received such a notice, any documentation demonstrating the resolution of any such notice is attached hereto. • For each such notice received by bidder. the matter has been resolved as follows: (6) That the bidder hereby certifies that it shall comply with the provisions of the Prevailing Wage Act(820 ILCS 130/0.01 et seq). 12 (7) That the bidder hereby certifies, represents and warrants that all of bidder's employees and/or agents who will be providing products and/or services with respect to the subject bid and contract are and shall be legal residents of the United States,are and shall be legally authorized to perform any such applicable work and/or services. ttotttI$li ,, NN• mc� titi at`: Signature of Bidder,if an individual: _ S Y j o 4 �. i 0res 2 . 1e` a partnership: �''''f i� ,O;tO`,` Signature of Bidder,if parm p Subscribed and sworn to Partner(indicate General or Limited) beige me this ,.)Mt day of 034x.cy ,20 i Signature of Bidder,if a corporation: My comniisslon expires: 4f3c/ I President 6t.tt., 6 i'le . Secretary Aeo,ch(16 : ow ,loai.s e Sign/ rc o Bidder, if a limited liability company: Mc be%r".n•. r 13 • • 'C.� OF �C� TE D F .". City of Elgin, Illinois Sexual Harassment - - Policies and Programs Effective July 1, 1993,every party to any contract with the City of Elgin and every eligible bidder is required to have written sexual harassment policies that include, at a minimum, the following information: • the illegality of sexual harassment • the definition of sexual harassment under state law • a description of sexual harassment,utilizing examples • a vendor's internal complaint process including penalties and a description of the means by which complaining parties may complain directly to management personnel other than the alleged harassing individual • the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission • directions on how to contact the department and commission • protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set forth above,and I hereby agree to furnish the City of Elgin - Human Resources Department with a copy of these policies if they so request. Signature/Title &vs, VeAtivp Company s ! • Date _ Sexual harassment is defined as follows: "Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin-Human Resources Department at(847)931- 10 6049. The undersigned, on behalf of the undersigned company, hereby agrees to fully indemnify and hold the City of Elgin harmless from any and all liability,loss or damage including costs of defense or claim,demands,costs of judgment against it arising from any complaint based on unlawful harassment and/or employment action, including, but not limited to termination,based on any protected category as provided by law,including,but not limited to, sexual harassment resulting from the act of any member of my organization in the performance of this contract. Signature/Title p MIS Company �>!.?ti D)nnx ' n e., �10t lS Date ;f 21 Z4 _ S KYW O / DPON +OWE SKYWORX DRONE SHOWS EQUAL OPPORTUNITY EMPLOYMENT POLICY I. Policy Statement: Skyworx Drone Shows is committed to fostering an inclusive workplace where diversity is celebrated, and equal opportunities are provided to all employees and job applicants. We uphold the principle of equal employment opportunity (EEO) and non-discrimination in all aspects of our employment practices, including recruitment, hiring, training, promotion, compensation, benefits, transfers, layoffs, terminations, and social and recreational programs. II. Scope: This policy applies to all employees, contractors, interns, and job applicants of Skyworx Drone Shows, without exception. It covers all aspects of employment, from the recruitment process to the termination of employment. III. Non-Discrimination: Skyworx Drone Shows prohibits discrimination on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), gender identity or expression, sexual orientation, national origin, age, disability, veteran status, marital status, genetic information, or any other status protected under applicable federal, state, or local laws. IV. Equal Opportunity Officer: Skyworx Drone Shows has appointed Taylor Woodall as the Equal Opportunity Officer. The Equal Opportunity Officer is responsible for overseeing the implementation of this policy, including but not limited to, compliance monitoring, investigation of complaints, and providing guidance and resources on promoting diversity and inclusion within the company. V. Recruitment and Employment: Our recruitment and employment decisions are based on organizational needs, job requirements, and individual qualifications. We strive to ensure fairness and equity in our hiring process, aiming to attract a diverse pool of candidates. Skyworx Drone Shows is dedicated to providing accommodations to applicants with disabilities and ensuring that our employment practices do not disadvantage anyone based on their background or personal characteristics. VI. Workplace Conduct: Skyworx Drone Shows maintains a working environment that respects individual differences and values the contributions of each employee. We expect all employees to treat their colleagues with respect and professionalism, contributing to a team atmosphere characterized by mutual respect and dignity. SKYWORX SKYWORX DRONE SHOWS EQUAL OPPORTUNITY EMPLOYMENT POLICY VII. Complaint Procedure: Employees who believe they have been subjected to discrimination or harassment, or who witness any acts of discrimination or harassment, are encouraged to report such incidents to their supervisor, Human Resources, or any member of management. Skyworx Drone Shows ensures that all complaints will be investigated promptly and confidentially. Retaliation against any employee for filing a complaint or participating in an investigation is strictly prohibited. VIII. Training and Development: Skyworx Drone Shows is committed to providing training and development opportunities that support the principles of equal opportunity and diversity. We aim to ensure that all employees have the resources and support they need to succeed in their roles and advance in their careers. IX. Policy Review and Monitoring: This policy will be reviewed regularly to ensure that Skyworx Drone Shows remains compliant with applicable laws and regulations and continues to meet its commitment to equal opportunity and non-discrimination. The company will monitor the implementation and effectiveness of this policy through regular reviews of employment practices and procedures. Skyworx Drone Shows'Equal Opportunity Employment Policy is designed to meet legal requirements and promote a work environment free from discrimination. It is not a contract and does not create any contractual obligations or rights. Acknowledgment and Acceptance of Policy By signing below, I acknowledge that I have received, read, and understood the Equal Opportunity Employment Policy of Skyworx Drone Shows. I understand that this acknowledgment form will be kept on file as a record of my commitment to upholding the standards of behavior expected at Skyworx Drone Shows. I accept this Equal Opportunity Employment Policy and acknowledge and fully agree to the terms and conditions set forth in this policy: Employee Signature: Date Print Name SKYWOR/ DRON SKYWORX DRONE SHOWS SEXUAL HARASSMENT POLICY I. Policy Statement: Skyworx Drone Shows is dedicated to fostering a workplace where all employees are treated with respect and dignity. We strictly prohibit sexual harassment in any form, recognizing it as a serious breach of professional ethics. Our commitment is to ensure a safe and respectful work environment for all team members. Any incidents of sexual harassment will prompt serious disciplinary actions, including possible termination of employment. II. Scope: This policy is applicable to all employees, contractors, consultants, temporary personnel, and any individuals in a working relationship with Skyworx Drone Shows. It encompasses conduct within the workplace, during work-related events, business trips, off-site company meetings, and in any setting where employees represent Skyworx Drone Shows. Additionally, this policy governs interactions between Skyworx Drone Shows employees and clients, vendors, or any external partners. III. Definition of Sexual Harassment: Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a) Such behavior is made a condition of employment, explicitly or implicitly. b) An employee's reaction to such behavior is used to make employment decisions affecting them. c) The behavior creates an intimidating, hostile, or offensive work environment, or interferes unreasonably with an employee's work performance. IV. Reporting and Complaint Procedure: Skyworx Drone Shows encourages any employee who experiences or witnesses sexual harassment to report the incident promptly. Reports can be directed to a supervisor, the Human Resources department, or any designated company official. We guarantee a confidential, prompt investigation of all complaints, assuring that there will be no retaliation against individuals who make reports or participate in the investigation process. V. Investigation Process: Upon receiving a complaint, Skyworx Drone Shows will conduct a thorough and impartial investigation to assess the complaint's validity. This may involve interviews with the involved parties and any witnesses, along with a review of relevant documentation. Both the complainant and the accused will have the opportunity to share their side of the story. VI. Disciplinary Action: SKYwoF / SKYWORX DRONE SHOWS SEXUAL HARASSMENT POLICY Should the investigation determine that sexual harassment has occurred, Skyworx Drone Shows will take immediate and appropriate action. The severity of the disciplinary measures will match the seriousness of the offense and may range from warnings to termination of employment, depending on the circumstances. VII. Prevention and Education: Skyworx Drone Shows commits to preventing sexual harassment through ongoing training and education for all staff members. These efforts will highlight the definitions and repercussions of sexual harassment and emphasize the importance of a respectful workplace. VIII. Responsibility: All Skyworx Drone Shows employees, regardless of their role or level within the organization, are responsible for adhering to this policy and helping prevent sexual harassment. Managers and supervisors have a specific duty to maintain a harassment-free workplace and to deal effectively with any issues that arise. IX. Review and Modification: This policy will be reviewed annually to ensure it remains compliant with legal standards and reflective of our commitment to a harassment-free workplace. Skyworx Drone Shows'Sexual Harassment Policy is designed to meet legal requirements and promote a work environment free from harassment. It is not a contract and does not create any contractual obligations or rights. Acknowledgment and Acceptance of Policy By signing below, I acknowledge that I have received, read, and understood the Sexual Harassment Policy of Skyworx Drone Shows. I understand that this acknowledgment form will be kept on file as a record of my commitment to upholding the standards of behavior expected at Skyworx Drone Shows. I accept this Sexual Harassment Policy and acknowledge and fully agree to the terms and conditions set forth in this policy: Employee Signature: _ Date Print Name ....---""'"N ^ Q® DATE(MM/DD/YYYY) AJ 11i(I/R CERTIFICATE OF LIABILITY INSURANCE 01/23/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kylie Whetton NAME: Post Insurance Services,Inc. (AHC NNo.Est): (208)336-5600 FAX No): (208)344-0651 P.O.Box 893 E-MAIL kwhetton@postins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N Meridian ID 83680-0893 INSURERA: Great American Insurance 16691 INSURED INSURER B: United Financial Casualty Co. 11770 Skyworx Drone Shows LLC INSURER C: WCF Insurance 40517 106 N 6th Street INSURER D: Suite 226 INSURER E: Boise ID 83702 INSURER F: COVERAGES CERTIFICATE NUMBER: 23/24 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 DAMAGE TO CLAIMS-MADE n OCCUR PREMISES(EaENTED occurrence) $ — MED EXP(Any one person) $ 5,000 A AHF06814800 08/31/2023 08/31/2024 PERSONAL&ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY n JECT n LOC PRODUCTS-COMP/OP AGG $ OTHER: GL Each Occurrence $ 5.000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B — OWNED SCHEDULED 975622760 12/12/2023 12/12/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) Medical payments $ 5,000 I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ �/ $ WORKERS COMPENSATION X MUTE 0TH- ER AND EMPLOYERS'LIABILITY Y/N 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE N IA 4056110 01/09/2024 01/09/2025 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000.000 If yes.describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Drone Liability A AHF06814800 08/31/2023 08/31/2024 Per Occurence 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Proof of Coverage ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE NAke i uu�►�#ew ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD