Loading...
HomeMy WebLinkAboutInv# 2752 - Sky Elements LLC - 11/04/2024 (2)16) DANIA BEACH SEA IT LIVE IT. LOVE IT. Bill to 100 W. Dania Beach Blvd. DANIA BEACH, FL 33004 Vendor 12563 Sky Elements LLC Sky Elements LLC 820 W. Sandy Lake Road Suite 200 COPPELL, TX 75019 Page 1 of 1 City of Dania Beach Purchase Order # 2025-00000058 Purchasing Division Date: 10/23/24 Phone: 954-924-6800 Tax Exempt # 85-8012740099C-9 Ship to 100 W. Dania Beach Blvd. DANIA BEACH, FL 33004 Deliver by Originated by Ashley Vlasic Email angi.wedemeyer@skyelementsdrones.com TERMS: Freight -FOB Destination Invoices - Paid within 30 days of receipt Quantity U/M Description Unit Cost Total Cost 1.0000 EA Dania After Dark - 120th Celebration $35,000.0000 $35,000.00 Item Description 120th Drone show GIL Account Project 001-72-09-574-34-10 (Contractual Services General) Authorized Signature Special Instructions Amount Percent 100.00% Total Purchase Amount 1 $35,000.00 Please reference Purchase Order Number on all invoices, statements, and correspondence ALL PURCHASE ORDERS FOR SERVICES WILL EXPIRE ON SEPTEMBER 30th UNLESS OTHERWISE NOTED qz4v C11ky Elements I h I N E S A l w S This Agreement is made this the 28th day of August 2024, 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 Dania Beach, 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 DISPLAY(S): 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 following specifications: Display Date: 11/16/2024 Number of Drones in the Display: 250 Display Location: 100 W Dania Beach Blvd, Dania Beach, FL 33004 PAYMENT TERMS: Customer shall pay Sky Elements $35,000 Customer shall submit a 50% deposit upon executi on of this contract. The balance remaining for each display will be paid to Sky Elements the day prior to the display. 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 Florida 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, to the extent authorized by Florida law, 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 as a result of Customer's negligent actions, errors, or omissions. Nothing herein is intended to waive the Customer's sovereign immunity pursuant to Sec. 768.28, F1a.Stat. To the fullest extent permitted by law, Sky Elements agrees to indemnify and hold -harmless the Customer, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the negligence, error, or omission of Sky Elements or persons employed or utilized by Sky Elements in performance of services under this Agreement. 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 APPROVALS: Sky Elements shall obtain all necessary Federal Aviation Administration (FAA) approvals and permits to enable Sky Elements to perform fully hereunder, including airspace authorization needed for the Display(s). The client shall be responsible for obtaining and payment of all required local city permits, coordinating with local police, managing road closures, and arranging for necessary barricades. JURISDICTION AND VENUE. It is hereby stipulated that this Agreement is governed by the laws of the State of Florida, and any suit involving this Contract shall be brought in Miami -Dade County, Florida For Display(s) 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 maintain the following insurance coverages in connection with the Display(s) described in this contract. Commercial General Liability: $1,000,000 Automobile Liability: $1,000,000 Umbrella: $10,000,000 Workers Compensation: $1,000,000 Aviation Liability: $5,000,000 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, safety, or security concerns prohibit Sky Elements from proceeding with the Display(s); in the case of weather conditions, Sky Elements agrees to conduct the Display(s) on a mutually agreed upon rain/postponement date within one year from the original event date. Should Sky Elements be unable to perform the Display(s) at the Event due to safety concerns, security concerns, or in the case of cancellation by the customer, Sky Elements shall be entitled to 33% of the contract price for each of the workflow 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. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: A. Contractor shall keep and maintain public records required by the City to perform the service. B. Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. D. Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (954) 924-6800 EXT.3622, ERIERA@DANIABEACHFL.GOV, CITY CLERK'S OFFICE,100 W DANIA BEACH BLVD., DANIA BEACH, FL, 33004. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a propos al for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or i s engaged in the boycott of Israel. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement as Attachment "A." Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to res and in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the emp� eligibility of all new public employees through the U.S. Department of Homeland Security's E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a subcontractor, the subcontractor must provide the Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using the E-Verify system for all existing and new employees hired by Consultant during the contract term. Further, Consultant must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Consultant to ensure compliance with E- Ver ify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e-verif y.gov/employers/enrolling-in-e-verify) and follo w the instructions. The Consultant must retain the 1-9 Forms For inspection, and provide the attached - V erify Affidavit, attached hereto as Attachment `B." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. SKY ELEMENTS, LLC pOo�uSignrd��y: BY' fblll {NAV p Date:ger !Gene Preston rat Counsel ar , CUSTOMER Ana M. Garcia -,9 200240 n"582,-0:- IC Ana M. Garcia, ICMA-CM Printed Name: Company: City of Dania Beach Title: City Manager 8/7/2024 Date: 8/28/2024 SKYELEM-01 MIBAVEN ACORN CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/25/2024 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 MFE Insurance Brokerage 1019 E. 4th PI. Los Angeles, CA 90013 CONTACT NAME: PHONE FAX (A/C, No, Ext): (213) 634-2500 (A/C, No):(213) 640-5000 ADDRESS: certs@mfeinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: American Alternative Insurance Corp19720 INSURED INSURER B : The Hanover American Insurance Company INSURER C : Lexington Insurance Company 19437 Sky Elements, LLC. INSURER D : Mitsui Sumitomo Insurance USA Inc. 20362 3819 Ruffe Snow Drive #203 North Richland Hills, TX 76180 INSURER E: Hiscox Insurance Company 10200 INSURER F : COVERAGES CERTIFICATE NUMBER: 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 LTIR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR 9046824 7/15/2024 7/15/2025 EACH OCCURRENCE 2,000,000 DAMAGE TO RENTED REMISES Ea o 2,000,000 X MED EXP (Any oneperson) $ 5,000 CONTRACTUAL LIAB X $2,000,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PECOT- LOC GENERAL AGGREGATE $ 2,000,600 PRODUCTS -COMP/OP AGG $ OCC/AGG $ 1,000,000 X OTHER: POLLUTION: 01003041360 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ ANY AUTO AWYJ025729 5/26/2024 5/26/2025 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE 07173211600 7/15/2024 7/15/2025 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A WCP9117029 7/15/2024 7/15/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Aviation Liability 9028564 10/10/2023 10/10/2024 5,000,000 E Errors & Omissions US UUA 2802704.24 6/14/2024 6/14/2025 OCC/AGG 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES IACORD 101, Additional Remarks Schedule, may be attached if more space is required) Policy includes Commercial General Aviation Liability coverages, with limits as shown in the policy. Solely as respects an occurrence arising out of the ownership, maintenance or use of an unmanned aircraft insured under this policy and solely to the extent required in an agreement with the Named Insured, the following provisions shall apply: The WHO IS AN INSURED section of the policy is amended to include the certificate addressee as an insured, but only as respects the Named Insured's use of the aircraft and only with respect to the certificate addressee's liability because of acts or omissions of the Named Insured. However, no such person or SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dania Beach y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 W. Dania Beach Blvd. Dania, FL 33004 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: SKYELEM-01 LOC #: 1 MIBAVEN AFRO ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED My MFE Insurance Brokerage 3819ERuffe SnowLC. Drive #203 POLICY NUMBER North Richland Hills, TX 76180 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Page 1 of 1 Description of Operations/Locations/Vehicles: organization is an Insured if he, she, or it, or any of his, her, or its agents or employees is engaged in the manufacture, maintenance, repair, or sale of aircraft, aircraft engines, components or accessories, or in the operation of any airport, hangar, flying school, flight service, or aircraft or piloting service, as respects any occurrence arising out of such activity. The insurance, as to the interest of the certificate addressee, shall be primary without right of contribution by any other valid and collectible insurance available to the certificate addressee. We waive any right of recovery we may have against the certificate addressee because of payments it makes for physical damage to aircraft described in this certificate, but only to the same extent that the Named Insured has waived its right for recovery for such physical damage against the certificate addressee. If the certificate addressee information shown on this certificate includes a valid mailing address, we agree to give 30 days (10 if cancelled for nonpayment of premium) notice to the certificate addressee in the event the policy is cancelled or materially changed by us. Commercial Auto Liability includes Blanket Additional Insured and Primary Non -Contributory per written contract. $10M Excess Liability Total Excess Liability Limits are $10M, reached by an initial $5M Excess Liability Policy #: 07173211600 and a second $5M X $5M Excess Liability Policy #: ESXS241000369601 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE This certificate is given as a matter of information only and confers no rights upon the certificate addressee. ►ate: July 26, 2024 his is to certify to: That the following policy has been issued to: 'ity of Dania Beach SKY ELEMENTS, LLC 00 W. Dania Beach Blvd. 3819 Ruffe Snow Drive, Unit 203 ►ania Beach, FL 33004 North Richland Hills, TX 76180 Policy No. 9028564 issued by one or more member companies of Global Aerospace Pool through Global Aerospace, Inc. Policy Period: from October 10, 2023 to October 10, 2024 Policy Territory: Worldwide AIRCRAFT AND COMMERCIAL GENERAL AVIATION LIABILITY Single Limit Bodily Injury and Property Damage (All expressed limits are "Each Occurrence" unless otherwise indicated) Serial No / Reg. No Year, Make & Model Liability Limit Third Party War Liability On File ANY UNMANNED AIRCRAFT WEIGHING UP TO 55LBS $5,000,000 $5,000,000 Aggregate OWNED AND OPERATED BY THE NAMED INSURED AIRCRAFT PHYSICAL DAMAGE Serial No / Reg. No Year, Make & Model Risk Basis Hull War On File ANY UNMANNED AIRCRAFT WEIGHING UP Not Covered None Excluded TO 55LBS OWNED AND OPERATED BY THE NAMED INSURED Policy includes Commercial General Aviation Liability coverages, with limits as shown in the policy. Solely as respects an occurrence arising out of the ownership, maintenance or use of an unmanned aircraft insured under this policy and solely to the extent required in an agreement with the Named Insured, the following provisions shall apply: The WHO IS AN INSURED section of the policy is amended to include the certificate addressee as an insured, but only as respects the Named Insured's use of the aircraft and only with respect to the certificate addressee's liability because of acts or omissions of the Named Insured. However, no such person or organization is an Insured if he, she, or it, or any of his, her, or its agents or employees is engaged in the manufacture, maintenance, repair, or sale of aircraft, aircraft engines, components or accessories, or in the operation of any airport, hangar, flying school, flight service, or aircraft or piloting service, as respects any occurrence arising out of such activity. The insurance, as to the interest of the certificate addressee, shall be primary without right of contribution by any other valid and collectible insurance available to the certificate addressee. We waive any right of recovery we may have against the certificate addressee because of payments it makes for physical damage to aircraft described in this certificate, but only to the same extent that the Named Insured has waived its right for recovery for such physical damage against the certificate addressee. If the certificate addressee information shown on this certificate includes a valid mailing address, we agree to give 30 days (10 if cancelled for non- payment of premium) notice to the certificate addressee in the event the policy is cancelled or materially changed by us. ACZ001 (September 1, 2009) Page I of 2 Certificate No. ACZ0100145324 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. This certificate does not amend, extend or otherwise alter the coverages afforded by the policies described herein. Limits may have been reduced by paid claims. GLOBAL AEROSPACE, INC. BY: — IVGLOBAL AEROSPACE ACZ001 (September 1, 2009) Page 2 of 2 Certificate No. ACZ0100145324 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION In consideration of the payment of the premium for this policy, it is agreed that: SECTION III - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability for injury, damage or loss to which the insurance afforded by this policy applies caused by your acts or omissions. 2. Unless otherwise indicated in this policy, the policy shall not apply to any assumption of the liability of the person or organization shown in the Schedule below by you for bodily injury or property damage caused by an occurrence arising out of any service performed by or on behalf of such persons or organizations. 3. As respects the interests of the person or organization shown in the Schedule below, the limit of insurance shall not exceed $2,000,000 each occurrence and this limit shall be part of, and not in addition to, the limit of liability set forth in the Declarations for the insurance described above. SCHEDULE Name of person or organization: City of Dania Beach 100 W Dania Beach Blvd Dania Beach, FL 33004 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. This endorsement is effective: August 2, 2024 Endorsement Premium: Included Attached to and made part of Policy No.: 9046824 Issued to: SKY ELEMENTS, LLC Global Aerospace, Inc. BY: Endorsement No. 23 AGLA002 (September 1, 2019) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission.