Submitted By: Christopher Watt
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Presentation By: Christopher Watt
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Department: City Manager's Office
STAFF RECOMMENDATION (Motion Ready):
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Termination for Convenience of the Agreement between the City of Ocala and Sky Elements
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
On December 17, 2024, the City Council approved a two-year renewal of the agreement between the City of Ocala and Sky Elements for drone shows on July 4, 2025, and July 4, 2026.
On December 21, 2024, drones operated by Sky Elements in Orlando, Florida, were involved in an incident where a drone hit and injured a child.
On December 27, 2024, as part of its investigation into the incident in Orlando, the Federal Aviation Administration (FAA) suspended the waiver that allows Sky Elements to operate multiple drones at night without position lights. As of January 14, the FAA has not restored Sky Elements’ waiver to operate more than one drone at night.
In addition to the FAA investigation, the National Transportation Safety Board (NTSB) is conducting an investigation. The NTSB generally completes investigations within 12-24 months.
On January 9, 2025, the City Attorney, Chief of Staff, and Contracting Officer met with the General Council and President of Sky Elements to gain insight into what led to the December 21, 2024, incident and its impact on the City’s contract for the July 4, 2025, drone show. The City's Contracting Officer drafted a summary of the meeting, which is attached to this agenda item.
On January 10, 2025, Sky Elements provided an email to the City’s Contracting Officer detailing additional safety precautions the company has undertaken to prevent another incident like the one that occurred in Orlando. A copy of the email is also attached to this agenda item.
FINDINGS AND CONCLUSIONS:
There are ongoing investigations by the FAA and the NTSB into the cause of the incident in Orlando on December 21, 2024, involving a Sky Elements drone. This incident led to the suspension by the FAA of Sky Elements’ waiver permitting flights of multiple drones at night without position lights.
Patriotic Skies requires months of preparation by City staff. Given the facts currently available, the City cannot make the required preparations for the event as it is unable to determine if Sky Elements will be able to perform its obligations under the Agreement. Thus, staff recommends terminating for convenience the Agreement between the City and Sky Elements.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
Termination for convenience of the Agreement has been reviewed and approved for form and legality by City Attorney, William E. Sexton.
ALTERNATIVE:
• Proceed with the Agreement