SR 11-15-2022 5G
City Council
Report
City Council Meeting: November 15, 2022
Agenda Item: 5.G
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of 1st Modification of Agreement #4957 with Flying Lion for Drone
as a First Responder Program
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute a first modification to agreement #4957 in the amount of $136,000 with Flying
Lion Incorporated (FLI) to provide air support services for the Police Department. This
will result in a two-year amended agreement with a new total amount not to exceed
$181,000, with future year funding contingent on Council budget approval.
Summary
The Drone as a First Responder (DFR) Program allows for the Santa Monica Police
Department (SMPD) to provide the highest quality of law enforcement services using a
technology system that maintains the safety of the community and SMPD personnel.
The costs associated with operating a DFR Program is a fraction of the cost of a
traditional law enforcement Air Support Unit. The DFR Program provides the ability for a
Remotely Controlled Aerial Systems (RAS) pilot, who is a trained police officer, to
provide crucial and real-time intelligence to responding officers allowing them to handle
an incident as safely as possible.
Discussion
In 2018, California police departments pioneered a new concept in rapid response to
police emergencies: using remotely controlled aerial systems to pro-actively respond to
emergency calls. The Drone as a First Responder concept is different than traditional
RAS programs in that it is proactive rather than reactive. Instead of launching a drone
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after an officer is already on scene, the DFR program stations the RAS to respond to
emergencies as soon as they occur, getting a drone on scene before responding
officers arrive. RAS Pilot officers can evaluate the situation and relay information to
responding officers and field supervisors. The RAS can also feed live-streaming video
of the incident to watch commanders and others to help personnel determine the best
tools, tactics and resources to safely mitigate an event – often before officers arrive on
scene.
In November 2021, the Department’s RAS Program began its own DFR program for a
six-week trial period where an RAS was used as a first responder to 911 calls for
service. The trial program proved successful and beneficial to the Department and the
DFR program was continued beyond its trial period. In December 2021, the City entered
into a one-year agreement with Flying Lion, Inc. to extend its DFR program. Since then,
the Police Department has found the DFR program to be working as designed and it
has proven invaluable to the mission of the Department.
The DFR program is a proactive method of policing that has demonstrated the ability to
increase officer and community safety, while reducing overall police response times. In
Santa Monica, the DFR program has arrived first on scene in approximately 75% of its
calls. The program gives first responders real-time information and even “eyes on
scene,” proving to be a powerful de-escalation tool. Since these programs were first
launched, there have been multiple incidents where officers have scaled down their
tactics and successfully defused situations with reduced use of force.
Currently, SMPD contracts with Flying Lion to provide a line-of-sight pilot for the DFR
program. Flying Lion also serves as an advisor to the City about legislative changes as
they relate to RAS use of airspace overseen by the FAA. Flying Lion will assist with the
implementation and administration of the RAS program that utilizes drones to provide
Air Support Services to enhance the Police Department’s mission of protecting lives and
property. Flying Lion will, in part, staff the DFR program, train SMPD personnel, and
provide technical services related to the Department’s RAS program.
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The fiscal year 2022-23 Capital Improvement Program budget provided funding for the
first year of the DFR program on a “pilot program” basis. The use of drones in law
enforcement is an evolving field and when a drone is in flight it is required to have both
a pilot and an observer. The use of contract pilots is beneficial as these are far less
expensive than the City hiring qualified pilots as employees. This current fund request
is to enable the continued operation of the City’s DFR program. A future department
budget enhancement will be needed to continue this program.
Vendor Selection
Exception to Competitive Bidding
Staff recommends Flying Lion, Inc. to provide RAS staffing, training, and advising as
an exception to competitive bidding per Muni Code 2.24.250 (b).
b. when a good or service is copyrighted, patented or only available form one license
holder, including, proprietary goods, original equipment manufacturers and/or
exclusive distributors;
Vendor Justification
Flying Lion, Inc. provides an invaluable level of expertise, service, and training for the
operation of an RAS which includes a licensed pilot trained in law enforcement
practices and a superior practical understanding of the Motorola Cape software
system. Flying Lion assisted with the setup of the network, connectivity, and
integration of the multi-layered systems of the current RAS operation, flight controls,
Cape software and other technical aspects, that allow for safe and seamless operation
of flights. Additionally, Flying Lion provides troubleshooting assistance specifically
related to RAS systems when technical issues arise that are beyond the expertise of
other companies in the marketplace. This includes having direct contact with Motorola
who is the provider of the Cape software that enables the tracking and mapping of
flight information used for the operation of the RAS. In addition to Flying Lion’s
expertise with this software in general, the company is also familiar with how Cape
interacts with SMPD’s other hardware, infrastructure, equipment and integration
systems.
Flying Lion provides a high level of service that meets the requirements of the City’s
DFR program which contributes to the current circumstance where competition to
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provide these services does not reasonably exist because only Flying Lion has the
expertise to meet the needs of the program. As of now Flying Lion is the only company
that has a proficient understanding of the systems which the Department’s pilots are
trained to work with. Finally, Flying Lion has provided hours of expert training to
SMPD’s pilots, supervisors, and administration about current laws governing RAS, our
systems capabilities and limitations, along with current trends and other products on
the market to enhance the current operation.
Flying Lion, Inc is associated with other law enforcement agencies in the region,
including police departments in Chula Vista, Redondo Beach and Beverly Hills. The
expertise provided by this vendor is noteworthy with plenty of flight hours that have
been a tremendous benefit to the success of the Department’s DFR Program.
Environmental Review
This is not a project for the purpose of the California Environmental Quality Act.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase
the amount of contract with Flying Lion, Inc. for UAS staffing, training, and advising.
Future year funding is contingent on Council budget approval.
Contract Modification Request
Agreement #
Current Authorized
Amount
FY 2022-23
Request Amount CIP Account # Total Revised
Contract Amount
4957 $45,000 $136,000 C0108310.689000 $181,000
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Prepared By: Cody Green, Police Lieutenant
Approved
Forwarded to Council
Attachments:
A. Flying Lion CT#4957
B. Flying Lion - Oaks Initiative Form
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UAS AIR SUPPORT SERVICES AGREEMENT
This Agreement for project services (this “Agreement”) is made between the City of Santa Monica (“City”)
and Flying Lion, Inc., a California Corporation (“Contractor” or “Consultant”).
The parties hereby agree as follows:
A. Description of Project or Scope of Services. The project description or scope of services to be
provided by Contractor, and any corresponding responsibilities of City or services required to be
provided by City are set forth in Exhibit “A”.
B. Term and Time of Completion. Contractor shall commence and complete the project or services
described in Exhibit “A” in accordance with the term set forth in Exhibit “B”.
C. Compensation. City agrees to compensate Contractor for the work Contractor performs and provides
to City in accordance with Exhibit “C”.
GENERAL PROVISIONS
1. Independent Contractor. Contractor acknowledges, represents and warrants that Contractor is not a
regular or temporary employee, officer, agent, joint venturer, or partner of the City, but rather an
independent contractor. This Agreement shall not be construed as a contract of employment.
Contractor shall have no rights to any benefit which accrue to City employees unless otherwise
expressly provided in this agreement. Due to the independent contractor relationship created by this
Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be the
Contractor’s sole responsibility.
2. Brokers. Contractor acknowledges, represents and warrants that Contractor has not hired, retained or
agreed to pay any entity or person any fees or commission, percentage, gift, or any other consideration,
contingent upon or resulting from award or making of this agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics, or other
materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the
City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If Applicable,
Contractor shall prepare check prints upon request. Said plans, drawings, reports calculations, data,
specifications, videos, graphics or other materials shall be specific for the project herein and shall not
be used by the City for any projects without Contractor’s consent. Notwithstanding the foregoing,
Contractor shall not be obligated to assign any proprietary software or data developed by or at the
director of Contractor for Contractor’s own use; provided, however, that Contractor shall, pursuant to
Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or
Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit “A” shall be performed on City or other public property,
the City shall have the right to inspect such work without notice. If such services shall not be performed
on City or other public property, the City shall have the right to inspect such work upon reasonable
notice. Inspections by the City shall not relieve or minimize the responsibility of the Contractor to
conduct any inspections Contractor has agreed to perform pursuant to the terms of this Agreement.
Contractor shall be solely liable for said inspections performed by Contractor. Contractor shall certify
in writing to the City as to the completeness and accuracy of each inspection required to be conducted
by Contractor hereunder.
5. Services. The project or services set forth in Exhibit “A” shall be performed to the full satisfaction and
approval of the City. In the event that the project or services set forth in Exhibit “A” are itemized by
price in Exhibit “C”, the City in its sole discretion, may upon notice to Contractor, delete certain items
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or services set forth in Exhibit “A”, in which case there shall be a corresponding reduction in the amount
of compensation paid to Contractor. City shall furnish Contractor, to the extent available, with any City
standards, details, specifications and regulations applicable to the Project and necessary for the
performance of Contractor’s services hereunder. Notwithstanding the foregoing, any and all additional
data necessary for design shall be the responsibility of Contractor.
6. Records. Contractor, including any of its subcontractors, shall maintain full and complete documents
and records, including accounting records, employee time sheets, work papers, and correspondence
pertaining to the project or services set forth in Exhibit “A”. Contractor, including any of its
subcontractors, shall make such documents and records available for City review or audit upon request
and reasonable notice, and shall keep such documents and records, for at least four (4) years after
Contractors completion of performance of this Agreement. Copies and all pertinent reposts and
correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/or extra work under this Agreement shall be provided for
by a subsequent written amendment executed by City and Contractor.
8. Additional Assistance. If this Agreement requires Contractor prepare plans and specifications,
Contractor shall provide assistance as necessary to resolve any questions regarding such plans and
specifications that may arise during the period of advertising for bids, and Contractor shall issue any
necessary addenda to the plans and specifications as requested. In the event Contractor is of the
opinion that City’s request for addenda and assistance is outside of the scope of normal services, the
parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Contractor acknowledges, represents and warrants that Contractor is skilled and
able to competently provide the services hereunder, and possesses all professional licenses,
certifications, and approvals necessary to engage in its occupation. City has relied upon the
professional ability and training of Contractor as a material inducement to enter into this Agreement.
Contractor shall perform in accordance with generally accepted professional practices and standards
of Contractor’s profession.
10. Business License. Contractor shall obtain a City of Santa Monica Business License before performing
any services required under this Agreement. The failure to so obtain such license shall be a material
breach of this Agreement and grounds for immediate termination by City; provided, however that City
may waive the business license requirement in writing under unusual circumstances without
necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City and
Contractor may, separately and in their sole and absolute discretion and without cause, terminate this
Agreement at any time prior to completion by Contractor of the project or services hereunder, upon
providing a 30-day written notice to the other party. In the event of any such termination, Contractor
shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of
termination; and (2) necessary materials or services of others ordered by Contractor for this Agreement
prior to Contractor’s receipt of notice of termination, irrespective of whether such material or services
of other have actually been delivered, and further provided that Contractor is not able to cancel such
orders. Compensation for Contractor in such event shall be determined by the City in accordance with
the percentage of the project or services completed by Contractor; and all of Contractor’s finished or
unfinished work product through the time of the City’s last payment shall be transferred and assigned
to the City. In conjunction with any termination of this Agreement, the City may, at its own expense,
make copies or extract information from any notes, sketches, computation, drawings, and specification
or other data, whether complete or not.
12. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder,
within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the
City may immediately terminate this Agreement by giving written notice of such termination, stating the
reasons for such termination. Contractor shall be compensated as provided immediately above,
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provided, however, there shall be deducted from such amount the amount of damages, if any, sustained
by the City by virtue of Contractor’s breach of this Agreement.
13. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all
conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common
law) with respect to this Agreement. Contractor further acknowledges, represents and warrants that
Contractor has no business relationship or arrangement of any kind with any City official or employee
with respect to this Agreement. Contractor acknowledges that in the event that Contractor shall be
found by any judicial or administrative body to have any conflict of interest (as defined above) with
respect to this Agreement, all consideration received under this Agreement shall be forfeited and
returned to City forthwith. This provision shall survive the termination of this Agreement for one (1)
year.
14. Indemnity. To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and
expense, to defend protect, indemnify, and hold harmless the City, its elected and appointed officials,
officers, employees, volunteers, attorneys, and agents (collectively “Indemnitees”) from and against
and all claims, including, without limitation, claims from bodily injury, death or damage to property,
demands, charges, obligation, damages, caused of action, suits, losses, stop payment notices,
judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever,
in any manner arising out of, incident to, related to, in connection with or arising from any act, failure to
act, error or omission of Contractor’s performance or work hereunder (including any of its officers
agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the
Agreement, or its failure to comply with any current or prospective law, except for such loss or damage
which was caused by the sole negligence or willful misconduct of the City. Contractor’s obligation to
indemnify shall be up to insurance limit, if any, received by Contractor or Indemnitees. This
indemnification obligation shall survive this Agreement and shall not be limited by any term of any
insurance policy required under this Agreement.
a. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess
against Contractor because the acceptance by City, or the deposit with City, of any insurance policy
or certificate required pursuant to this Agreement.
b. Waiver of Right Subrogation. Contractor, on behalf of itself and all parties claiming under or through
it, hereby waives all rights of subrogation and contribution against Indemnitees.
15. Insurance. Contractor shall comply with the requirements set forth in Exhibit “D”. Insurance
requirements that are waived by the City’s Risk Manager do not require amendments or revisions to
this agreement.
16. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be
personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes,
ordinances, rules, and regulations, and the orders and decrees of any courts or administrative bodies
or tribunals, with respect to this Agreement, including without limitation all environmental laws,
employment laws, and non-discrimination laws.
18. Limitations upon Subcontracting and Assignment. Contractor acknowledges that the service which
Contractor shall provide under this Agreement are unique, personal services which, except as
otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior
written approval of City, which approval may be withheld in the City’s sole and absolute discretion. In
the event that the City, in writing, approves any assignment or subletting of this Agreement or the
retention of subcontractors by Contractor, Contractor shall provide the City upon request copies of each
and every subcontractor prior to the execution thereof by Contractor and subcontractor. Any attempt
by Contractor to assign any or all of its rights under this Agreement without first obtaining the City’s
prior written consent shall constitute a material default under this Agreement.
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The sale, assignment, transfer of other disposition, on a cumulative basis, of twenty-five percent (25%)
or more of the ownership interest in Contractor or twenty-five percent (25%) or more the voting control
of Contractor (whether Contractor is a corporation, limited liability company, partnership, joint venture
or otherwise) shall constitute an assignment for purposes of this Agreement. Further, the involvement
of Contractor or its assets in any transaction or series of transactions (by way of merger, sale,
acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or
hypothecation of this Agreement or Contractor’s assets occurs, which reduces Contractor’s assets or
net worth by twenty-five percent (25%) or more shall also constitute an assignment for purposes of this
Agreement.
19. Subcontractors. Contractor shall provide properly skilled professional and technical personnel to
perform any approved subcontracting duties. Contractor shall not engage the services of any person
or persons now employed by the City without the prior written approval of City, which approval may be
withheld in the City’s sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the
subject matter hereof and supersedes any previous oral or written agreement; provided, however, that
correspondences or documents exchanged between Contractor and City may be used to assist in the
interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment
executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement
and those in any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a
conflict between the terms and conditions of any two or more exhibits or attachments hereto, those
prepared by the City shall prevail over those prepared by the Contractor.
23. Non-Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by
Contractor hereunder shall be non-exclusive, and City reserves the right to employ other contractors in
connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided,
however, that any language in Exhibit “A” which does not pertain to the project description, proposal,
or scope of services (as applicable) to be provided by Contractor, or any corresponding responsibilities
of City, shall be deemed extraneous to, and not part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Contractor shall keep confidential its obligations
hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties.
For purposes hereof, transferees or assignees as permitted under this Agreement shall not be
considered “third parties”.
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the
State of California without regard to principles of conflicts of law. Venue for any litigation or other action
arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles,
Southwest Judicial District.
29. Attorneys’ Fees. In the event either party to this Agreement brings any action to enforce or interpret
this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees
(including expert witness fees) and costs. This provision shall survive the termination of this agreement.
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30. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800
et seq. The claims presentation provision of said Act are hereby modified such that the presentation
of all claims hereunder to the City shall be waived if not made within six (6) months after the accrual of
the cause of action.
31. Interpretation. Contractor acknowledges that it has had ample opportunity seek legal advice with
respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both
parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement,
Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer
the product to the City; the product shall be delivered to the City free from any security interest or other
lien; the product meets all specifications contained herein; the product shall be free from material
defects in materials and workmanship under normal use for a period of one (1) from the date of delivery;
and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and
maintenance items (such as light and batteries) shall be warranted for a period of thirty (30) days from
date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at
Contractor’s expense, including shipping. Contractor shall not be liable under this warranty for an
amount greater than the amount set forth in Exhibit “C” hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed
severed and all remaining provisions of this Agreement shall remain enforceable to the fullest extent
permitted by law.
34. Authority. City warrants and represents that the Chief of Police or his designee of the City of Santa
Monica Police Department is duly authorized to enter into and execute this Agreement on behalf of the
City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized
to enter into and executed this Agreement on behalf of Contractor, and shall be personally liable to City
if he or she is not duly authorized to enter into and execute this Agreement on behalf of Contractor.
35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be
construed as a waiver of any subsequent breach.
36. Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties
hereto had executed the same document. Any signature to this Agreement transmitted electronically
through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto
(it being agreed that such electronic signature shall have the same force and effect as an original
signature).
IN WITNESS WHEREOF, the parties hereto enter into this Agreement.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City ClerkDENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
DOUG SLOAN
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
DAVID WHITE
City Manager
FLYING LION, INC.
By: _______________________________
BARRY BRENNAN
President
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EXHIBIT A
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
A. DEFINITION
City Location: Santa Monica, California.
Description of Service: Provide Remote Pilots in Command (RPIC) to support SMPD’s small
Unmanned Arial Support (sUAS) program.
Initial Scheduled Operations: 4 days a week, 10 hours per day.
B. CONTRACTOR’S DUTIES
Contractor shall perform the following duties.
Implement and administer the UAS program that utilizes UAVs to provide Air Support
Services to enhance the department’s mission of protecting lives and property.
FLI working in conjunction with the SMPD will staff the DFR Program. With FLI staff
initially supporting & training SMPD:
Launch Site(s) – Police Department (or other suitable location) and will staff a rooftop
Remote Pilot in Command (RPIC)
Future Phases Supported:
As SMPD expands the DFR Program, FLI is able and prepared to staff additional hours, days and
locations.
I. Increased working days and hours operation at primary launch site (11-24 hours per
day)
II. Expansion to additional sites for up to 24 hours per day operations
Provide testing and recommendations for equipment, software and procedures to support the
world class SMPD sUAS program,
Provide the City with Monthly Air Support activity reports.
C. CITY’S DUTIES
1. City will provide all equipment including UAVs, sensors, controllers, accessories (batteries,
memory cards), computer equipment, roof shelters, networking equipment, and any other
hardware/software necessary to perform the job. After initial trial period, City will be responsible
for Motorola Cape, Air data and any other vendor supported services.
2. City will provide a safe and secure work environment for Contractor and Contractor’s staff.
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3. City will provide aviation liability and UAS hull insurance coverage for all UAS being flown.
4. City’s hull insurance coverage and/or self insurance will repair any damage to City provided
equipment (independent of fault.)
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EXHIBIT B
SCHEDULE FOR PROJECT
TERM. Once executed this Agreement shall be understood by the parties to have an effective date of
January 8, 2022 and shall continue until December 30, 2022, unless otherwise terminated as herein
provided.
DFR Training and Launch - Full Staffing and Training
Program Details
The Flying Lion Trial Program includes:
Motorola Solution’s Aerial Suite Software for 6 week Trial Program
Rooftop based FAA Part 107 Remote pilot and Visual Observer (for nighttime operations)
Flying Lion staff to accompany Air Support Officers during full shifts
Motorola Aerial Suite’s Setup of Geofences and Obstacles
Motorola Aerial Suite Training for Sworn SMPD Air Support Officers (ASO Overall Guidance to
Ensure DFR Program Statistics are Captured Accurately and Consistently
The Department would be responsible for:
Sworn personnel to serve as Air Support Officers (ASOs)
Drones with 30x zoom camera and/or infrared sensor
Helping to identify and secure the rooftop location
A hard wired data line (minimum speeds 40 up and 40 down) to the rooftop location
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EXHIBIT C
COMPENSATION
DFR SMPD UAS PROGRAM
Scope:
DFR Trial Period: November 26, 2021 to January 7, 2022.
DFR Program Period Dates: January 8, 2022 to December 30, 2022
10 Hour Days + 1 hour O/T to cover setup and breakdown
10:00h to 20:00h (7 hours daytime / 3 hours nighttime) with Actual hours - 09:30h to 20:30h
*Assumes we don't have any weather delays and SMPD will supply VO during nighttime operations
Description of Service: Flying Lion, Inc. to provide Remote Pilots in Command (RPIC) to support SMPD’s
small Unmanned Arial Support (sUAS) program.
Initial Scheduled Operations: 4 days a week, 10 hours per day.
Pricing Beyond DFR Trial Period (or additional scope)
Contractor shall be compensated as provided below.
RPIC Hourly Rate
i. RPIC Daylight Hours ................................................................................... $42.50 per hour
ii. RPIC Daytime Overtime Hours (for hours over 10 hours Per Day) ............ $63.75 per hour
iii. RPIC Nighttime Hours ................................................................................. $51.00 per hour
iv. RPIC Nighttime Overtime Hours (for hours over 10 hours Per Day) .......... $76.50 per hour
v. VO Hours ..................................................................................................... $32.50 per hour
vi. Non-flight Rate (mechanical/adverse weather/TFR) ................................... $32.50 per hour
(Minimum of 5 hours for any scheduled flight day)
During non-flight time, RPIC can perform:
Aircraft inspections & prep for repair
Logging/updating administrative records
Testing and updating systems
Updating operating procedures/checklists
…. and other tasks as requested
vii. Holiday Pay - Hours Billed at 1.5x for all rates. Holiday list will align with City of Santa
Monica’s holiday schedule.
Training
Daily Rate (up to 10 students) ............................................................................... $1,200/day
i. Part 107 Exam (3 days)
ii. Flight Training (2 days)
iii. Motorola Aerial (1 day)
Equipment Leasing .................................................................................................................. Varies
Equipment Maintenance ........................................................................................................... Varies
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Consulting/Training (non-flying) Rate ............................................................................ $250.00/hour
Development of Department Documents (SOP, Emergency Procedures, etc.)
FAA Consulting (Airspace Authorizations)
Aircraft Testing and Assessment
FAA Consulting Services
Beyond Visual Line of Site (BVLOS) COA ........................................................................... $7,000
Tactical Beyond Visual Line of Site (TBVLOS) COA .......................................................... $2,000
Two Drones to One Operator (2:1) ...................................................................................... $3,000
Any additional services provided by Flying Lion, Inc. ...................................... Current Rates Apply
COMPENSATION PAID TO CONTRACTOR. The total amount of compensation paid to Contractor under
this Agreement for any and all products and services performed by Contractor and provided to City shall at
no time exceed $45,000, unless the Agreement is amended in writing by the parties to provide otherwise.
METHOD OF PAYMENT. Contractor shall provide an invoice every 15 days, to City for approval and
payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form
reasonably satisfactory to City. Contractor may be required to provide back-up documentation upon
request.
SCHEDULE OF PAYMENT. City agrees to pay Contactor any undisputed amounts in correctly submitted
invoices within thirty days (30) days of City’s receipt of the invoice; provided, however, that services are
completed to the City’s full satisfaction.
NOTICE. Written notices to City and Contractor shall be given by registered or certified mail, postage
prepaid and addressed to or personally served on the following parties:
Contractor: Flying Lion, Inc.
2110 Artesia Blvd. Suite #234
Redondo Beach, CA 90278
City:
Santa Monica Police Department
333 Olympic Dr,
Santa Monica, CA 90401
All notices, including notices of address changes, provided under this Agreement are deemed received on
the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth
above may be made from time to time by any party upon written notice to the other party.
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EXHIBIT D
Agreement Insurance Requirements – Drone Contractors
Owner/Operator shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the
ownership, maintenance, or use of the Unmanned Aerial Vehicle.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Aviation Liability Insurance-on an “occurrence” basis, including products and completed
operations, property damage, bodily injury with limits no less than $1,000,000 per occurrence, and
$2,000,000 in the aggregate. This coverage may also be provided by endorsement to a Commercial
General Liability policy. In that event then:
2. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on
an “occurrence” basis, including products and completed operations, property damage, bodily
injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
3. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if
Owner/Operator has no owned autos, Code 8 (hired) and Code 9 (non-owned), with limits of no
less than $1,000,000 per accident for bodily injury and property damage.
4. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California,
with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per
accident for bodily injury or disease.
If the Owner/Operator maintains broader coverage or higher limits than the minimums shown above,
the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits
maintained by the Owner/Operator. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and
volunteers are to be covered as additional insureds on the CGL and Aircraft Liability policies
with respect to liability arising out of the use, occupancy, operations or maintenance of the leased
premises, including work or operations performed by or on behalf of Owner/Operator. CGL
coverage can be provided in the form of an endorsement to the Owner/Operator’s insurance (at
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least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through
the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Owner/Operator’s insurance
shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as
respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance
or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or
volunteers shall be in excess of the Owner/Operator’s insurance and shall not contribute with
it.
c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not
be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Owner/Operator hereby grants to the City of Santa Monica a waiver
of any right of subrogation which any insurer of said Owner/Operator may acquire against the
City of Santa Monica by virtue of payment of any loss. Owner/Operator agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City of Santa Monica has received a waiver of subrogation
endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of
the City of Santa Monica for all work performed by the Owner/Operator, its employees, agents
and subcontractors.
e. Loss Payee: The property insurance shall name the City of Santa Monica as Loss Payee as its
interests appear.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The City of
Santa Monica may require the Owner/Operator to purchase coverage with a lower retention or provide
satisfactory proof of ability to pay losses and related investigations, claim administration, and defense
expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-
insured retention may be satisfied by either the name insured or the City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M.
Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.
Verification of Coverage
Owner/Operator shall furnish the City of Santa Monica with original certificates and amendatory
endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All
certificates and endorsements are to be received and approved by the City of Santa Monica before the
lease commences. However, failure to obtain required documents prior to the lease beginning shall not
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waive the Owner/Operator’s obligation to provide them. The City of Santa Monica reserves the right
to require complete, certified copies of all required insurance policies, including the endorsements
required herein, at any time.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
Failure to Maintain Insurance Coverage
If Owner/Operator, for any reason, fails to maintain insurance coverage which is required pursuant to
this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at
its sole option, may terminate this Agreement and obtain damages from the Owner/Operator resulting
from said breach.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have
employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage
Exemption Declaration Form.
DocuSign Envelope ID: B441ABFF-1208-4FDB-B4D2-A84FF124B909
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Packet Pg. 266 Attachment: Flying Lion CT#4957 (5379 : 1st Mod - DFR Program)
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every
person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten
percent interest in the entity.
Public benefits include:
1.Personal services contracts in excess of $25,000 over any 12-month period;2.Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period;
3.Purchase, sale or lease of real property to or from the City in excess of $25,000
over a 12- month period;4.Non-competitive franchise awards with gross revenue of $50,000 or more in any12-month period;5.Land use variance, special use permit, or other exception to an established land
use plan, where the decision has a value in excess of $25,000;
6.Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month period; or7.Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________
Signature: ______________________________________ Date: __ ______
Email: ____________________________________ Phone: ____________________
FOR CITY USE ONLY:
Bid/PO/Contract # ____________________________ Permit # ___________________________
Flying Lion, Inc.
Barry Brennan
Steven Katz
Barry Brennan
Steven Katz
Steven Katz VP
____10/5/2022____
sk@flyinglioninc.com 310-702-8147
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Packet Pg. 267 Attachment: Flying Lion - Oaks Initiative Form (5379 : 1st Mod - DFR Program)