HomeMy WebLinkAboutItem 16 - Drone ShowMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: OCTOBER 17, 2023
SUBJECT: PURCHASE OF A DRONE LIGHT SHOW FOR THE MERRY AND
BRIGHT CHRISTMAS DRONE SHOWS
RECOMMENDATION: City Council to consider approval for the purchase of a drone light show
for the Merry and Bright Christmas Drone Shows from Sky Elements, LLC
for the Parks and Recreation Department.
FUNDING SOURCE: Upon approval of the attached ordinance, funds will be available in the
CVB Fund, General Fund (Parks) and Special Revenue Fund (Parks) for
an estimated amount of $68,000.
BACKGROUND: This request is for the professional services and equipment needed to
host the Merry and Bright Drone Shows as part of the Christmas Capital
of Texas& This will be the third year for the City to host the drone shows,
which will be held on Saturday, December 2, 9, and 16.
This procurement will be made as a sole source in accordance with Local
Government Code Chapter 252, Subchapter B, § 252.022 General
Exemptions (a)(7)(A).
Staff recommends approval.
Sky ELements
This Agreement is made this the 14th day of March 2023, by and between Sky Elements, LLC, a Texas
limited liability company, whose address is 3819 Rufe Snow Drive Ste 203, North Richland Hills, TX 76180,
and hereinafter referred to as "Sky Elements" and City of Grapevine hereinafter referred to as "Customer."
Sky Elements is in the business of providing drone display services, and Customer desires to have Sky
Elements provide drone display services at Customer's event(s). The parties therefore agree as follows:
DRONE DISPLAYS: Sky Elements agrees to furnish to Customer with drone display services, hereinafter
referred to as "Display(s)" The Display(s) will be conducted in accordance with the specifications attached
hereto as Addendum "A".
SHOW DESIGN WORKFLOW: The drone display(s) design process is as follows:
1. Storyboard Process: Sky Elements shall create a storyboard of Customer approved images. The storyboard
contains rough sketches or images, or screen captures of all scenes and action notes, which describe the layout
of the animations. Sky Elements shall send the storyboard to Customer for feedback and suggestions. Sky
Elements will modify the storyboard in accordance with the Customer feedback. Images and order of shapes
can be changed for no additional fee during the storyboard process.
2. Show Programing and Animation: After completion of the storyboard process, Sky Elements shall begin
the drone show design and animation process in accordance with the storyboard. After the animation and
editing process, Sky Elements shall compile each sequence and render a video to Customer. Adjustments to
shapes and images will be completed in accordance with Customer's suggestions. Changes to order of
animations or substitution of images not yet animated will result in a $5,000 reanimation fee.
3. Final Delivery: Sky Elements will perform the drone display(s) at Customer's Event.
SECURE AREA: Customer agrees to furnish sufficient space for Sky Elements to properly conduct each
Display as determined by the FAA (hereinafter "Secure Area"). For the purposes of the Agreement,
"Unauthorized Persons" shall mean anyone other than the employees of Sky Elements or persons specifically
designated in writing by Customer or the FAA.
INDEMNIFICATION AND HOLD HARMLESS: To the extent authorized by Texas law, Customer
agrees to hold Sky Elements harmless from any damages caused to Customer which results as a consequence
of unauthorized persons entering the Secure Area. Furthermore, Customer agrees to defend and indemnify
Sky Elements from any and all claims brought against Sky Elements for damages caused wholly or in part by
Unauthorized Person who have entered the Secure Area.
Drone Display Contract — Custom Display Page 1 of 5
AMENDMENT & ASSIGNMENT: This agreement may not be sold, assigned, amended, or transferred
without the prior written consent of Sky Elements.
FORCE MAJEURE. If for any reason beyond its control including, but not limited to, strikes, labor disputes,
accidents, government requisitions, acts of war, acts of God, epidemic, pandemic, governmental restrictions,
or other similar events that would make the event impractical or impossible, the Parties agree Customer's sole
remedy is to transfer the display date subject to Sky Element's availability. In no event will Sky Elements be
liable for any damages, including, but not limited to consequential damages.
PERMITS AND FAA APPROVAL: Sky Elements shall obtain all necessary approvals to enable Sky Elements
to perform fully hereunder including airspace authorization needed for the Display(s).
JURISDICTION AND VENUE. It is hereby stipulated that this Agreement is governed by the laws of the
State of Texas, and any suit involving this Contract shall be brought in Tarrant County, Texas. For Displays
that include licensed music accompaniment, Customer agrees to verify with their organization, venue, sponsor,
and/or municipality, the permission to simulcast music and agrees to pay any and all fees associated with the
broadcast of said music in the public environment of the Display(s).
INSURANCE: Sky Elements will provide Aviation Liability Insurance in the amount of $5,000,000.00,
combined single limit, covering its activities and services in connection with the Displays described in this
contract. Sky Elements also agrees to include Customer as additional insured under the terms of this coverage.
Sky Elements will provide a Certificate of Insurance. All entities listed on the certificate will be deemed an
additional Insured per this contract.
CANCELLATION: Sky Elements shall determine what weather conditions prohibit Sky Elements from
proceeding with the Display(s); in which case, Sky Elements agrees to conduct the Display(s) on a mutually
agreed upon rain/postponement date. Should Sky Elements be unable to perform the display(s) at the Event or
otherwise cancel, Sky Elements shall be entitled to 33% of the contract price for each of the work flow processes
completed. For example, if Sky Elements has completed the Show Programming workflow, Sky Elements shall be
entitled to 66% of the display price (33% for Storyboard, 33% for Show Programing and Animation). Final delivery
is deemed to have occurred upon Sky Elements' arrival at the display location on the display date. Customer
also acknowledges that damages corresponding to lost opportunity by reason of cancellation are inherently
difficult to calculate, and that the liquidated damages amounts set forth above are a reasonable attempt to
measure and liquidate those highly speculative damages.
PAYMENT TERMS: Customer shall pay Sky Elements $68,000 Customer shall submit a 50% deposit upon
execution of this contract. The balance remaining for each display will be paid to Sky Elements the day prior
to each display.
[Signatures to follow on next page]
Drone Display Contract — Custom Display Page 2 of 5
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first
above written.
SKY ELEMENTS, LLC
BY: Date:
Preston Ward, Manager / General Counsel
CUSTOMER
BY: Date:
Printed Name:
Title:
Drone Display Contract — Custom Display Page 3 of 5
Addendum A
Display Specifications
Display #1
Date of Event: 12/2/2023
Approximate Time of Display: TBD
Estimated Number of Transitions: 8-11
Number of Drones in Display: 200
Display Cost: $22,666
Display Location #1:
206 W Hudgins St
Grapevine, TX 76051
Display #2
Date of Event: 12/9/2023
Approximate Time of Display: 6:15PM
Estimated Number of Transitions: 8-11
Number of Drones in Display: 200
Display Cost: $22,666
Display Location #2:
Parking lot behind City Hall
Drone Display Contract — Custom Display Page 4 of 5
Display #3
Date of Event: 12/16/2023
Approximate Time of Display: TBD
Estimated Number of Transitions: 8-11
Number of Drones in Display: 200
Display Cost: $22,666
Display Location #3:
206 W Hudgins St
Grapevine, TX 76051
Customer On -Site Day of Contact Information:
Name: Erin Burke
Cell Phone: 817.410.3919
Drone Display Contract — Custom Display Page 5 of 5
ORDINANCE NO. 2023-065
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, INCREASING ESTIMATED
RECEIPTS IN THE AMOUNT OF $32,000 IN THE SPECIAL
REVENUE FUND TO BE RECEIVED FROM HOTEL VIN
AND HARVEST HALL; AUTHORIZING THE
APPROPRIATION OF $327000 IN THE SPECIAL REVENUE
FUND; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City of Grapevine expects a sponsorship contribution of $32,000
from Hotel VIN and Harvest Hall; and
WHEREAS, the City wishes to enter into an agreement with Sky Elements, LLC
for a drone show as part of the Christmas Capital of Texas®; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act and Chapter
211 of the Local Government Code; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the best
interests of the health, safety, and welfare of the public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That the City Council hereby authorizes an increase in estimated
receipts in the amount of $32,000 in the Special Revenue Fund resulting from
sponsorship contributions from Hotel VIN and Harvest Hall.
Section 3. That the City Council hereby authorizes an amount of $32,000 be
appropriated in the Special Revenue Fund for the purchase of a drone light show from
Sky Elements, LLC.
Section 4. That the terms and provisions of this ordinance shall be deemed to
be severable, and that if the validity of any section, subsection, word, sentence or phrase
shall be held to be invalid, it shall not affect the remaining part of this ordinance.
Section 5. That the fact that the present ordinances and regulations of the City
of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 17th day of October 2023.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-065 2