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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt,
Chief of Police
ORIGINAL
Subject: Resolution of the City of San
Bernardino authorizing a 90-day trial
contract between the City of San
Bernardino and California Aviation
Services Inc. for helicopter patrol services.
Dept: Police Department
Date: June 16, 2006
M/CC DATE: June 19,2006
Synopsis of Previous Council Action
None
Recommended Motion:
1. Adopt Resolution
2. Authorize the Director of Finance to amend the FY 06/07 budget as follows:
Transfer $89,000 from the Evidence Impound Trust account (772-212-2326) to General
Fund revenue account #001-000-4740 "Miscellaneous Police Receipts"; Increase Police
expenditure account #001-213-5502 (professional/Contractual Services) by $89,000 and
appropriate $12,000 from the Asset Forfeiture Fund undesignated balance to account
number 108-271-5502 (professional/Contractual Services).
3. Approval of the contract is subject to the City Attorney being satisfied that we have in place
the necessary insurance coverage totaling $10,000,000 in aviation liability and property
coverage.
~~.t.11<fU,-
MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person:
Captain Steve Klettenberg
Phone: 384-5606
Supporting data attached: Yes Staff Report/Resolution
Ward: All
FUNDING REQUIREMENTS: Amount:
$101,000
SOURCE:
$89,000
$12,000
Professional/Cont Services
Professional/Cont Services
001-213-5502
108-271-5502
Council Notes: R..-€Sb. J 00'" -/2?--
Finance
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the City of San Bernardino authorizing a 90-day contract between the City of San
Bernardino and California Aviation Services, Inc. for helicopter patrol services.
Background:
Law enforcement aviation units (helicopters and fixed wing aircraft) are a proven resource for
reducing response time to critical incidents as well as providing ground units with a tactical
advantage during police incidents. Utilization of a police helicopter works as a 'force multiplier'
for patrol and specialty units and can be used as an airborne incident command platform to lessen
dangers faced by ground units.
Most medium to large size law enforcement agencies in Southern California operate their own
aviation divisions. Corona, Huntington Beach, Ontario, Pomona and Riverside Police
Departments have purchased and maintain fleets of one to four helicopters.
For over 20 years, the San Bernardino Police Department has relied solely upon the San
Bernardino County Sheriff Aviation Unit to provide air support to Patrol and other specialized
units. While the San Bernardino Sheriffs Department has provided excellent service to the City
of San Bernardino, they have several other areas in the valley that they must respond to for
service. It is for these reasons that we believe now is the time for the San Bernardino Police
Department to have it's own dedicated helicopter.
As part of the San Bernardino Police Department's ongoing effort to improve the quality of law
enforcement services delivered to the community, the police department has explored various
methods to reduce response time, including the addition (lease) of a patrol helicopter.
Law enforcement agencies in the cities of Corona, Fontana, Huntington Beach, Ontario, Palm
Springs, Pomona, Riverside and the San Bernardino County Sheriff were recently contacted
regarding their use of helicopter patrol services. Those contacted agreed unanimously that the
benefits of helicopter patrol services far out weigh the costs required to provide air support.
The annual costs associated with the purchase, maintenance and operation of one helicopter
range from $900,000 (Corona PD) to $1.1 million (Ontario PD). A bid received from the San
Bernardino County Sheriff to provide the service of one dedicated police helicopter (including
pilot, maintenance and associated costs) totaled $775,043 per year.
The Fontana Police Department contracts with a private company (California Aviation Services,
Inc) to provide helicopter patrol services at a cost of $330,000 annually. Included in this amount
is the cost of the pilot, helicopter, maintenance, and insurance. The helicopter is equipped with
standard law enforcement tools, police radios, searchlights, FLIR (forward looking infrared
units), police MDC's (Mobile Data Computers) and other tracking equipment. The helicopter is
used during peak hours, four nights per week during 10-hour shifts. The helicopter and crew are
airborne 4.5 hours ofthe IO-hour shift as this is customary within the industry.
In summary, law enforcement agencies that own and operate an aviation fleet (many agencies
have 2 or more helicopters) require annual budgets of $900,000 to $1.1 million to purchase and
maintain one helicopter. An alternative to helicopter ownership is to lease helicopter services
from another law enforcement agency or private contractor. Costs associated with leasing
helicopter services range from $369,200 per year (quoted by California Aviation Services) to
$775,043 per year (quoted by the San Bernardino County Sheriff Department).
The Police Department is proposing a 90-day trial contract with California Aviation Services to
provide one helicopter, four days per week (averaging 4.5 flight hours per day) at a cost not to
exceed $100,000. This amount includes the pilot, maintenance, fuel, equipment and insurance.
The trial period will allow the Department to evaluate the effectiveness of having dedicated air
support for the City and to develop comprehensive bid specifications.
Based on cost estimates obtained from other Southern California law enforcement agencies,
California Aviation Services Inc. has provided the lowest bid for helicopter patrol services. The
Police Department requests that the Mayor and Common Council approve an exemption from
the bid process (Per Municipal Code 3.04.010(b)(3)). Should the Police Department seek to
continue the helicopter air patrol service at the conclusion of the 90-day trial period, bid
specifications will be submitted to the purchasing director to satisfy the formal bid procedure
requirement.
Approval of the contract is subject to the City Attorney being satisfied that we have in place the
necessary insurance coverage totaling $10,000,000 in aviation liability and property coverage
($2,000,000.00 to be carried by Contractor and $8,000,000.00 by the City.)
Financial Impact:
There is no impact to the General Fund. Funding for this trial program will be derived from the
FY 05/06 Evidence Impound Trust account ($89,000) and the Asset Forfeiture undesignated
balance ($12,000). The Evidence Impound trust account is used to collect funds that are
recovered by the Police Department resulting from a variety of arrests. These funds are held in
trust for two years and if not claimed (there have been no claims since 2002) the funds are
eligible to be recorded as revenue to the General Fund.
Helicopter Patrol Services (90-day trial program)
$S9,000
$12,000
001-213-5502
108-271-5502
.
Recommendation:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 06/07 budget as follows:
Transfer $89,000 from the Evidence Impound Trust account (772-212-2326) to General
Fund revenue account #001-000-4740 "Miscellaneous Police Receipts"; Increase Police
expenditure account #001-213-5502 (Professional/Contractual Services) by $89,000 and
appropriate $12,000 from the Asset Forfeiture Fund undesignated balance to account
number 108-271-5502 (Professional/Contractual Services).
3. Approval of the contract is subject to the City Attorncy being satisfied that we have in
place the necessary insurance coverage totaling $10.000,000 in aviation liability and
property coverage.
(C~~1f
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BER~ARDINO AUTHORIZI]'I;G A 90-
DA Y TRIAL CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND
CALIFORNIA AVIATION SERVICES FOR HELICOPTER PATROL SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Mayor and Common Council authorize the Purchasing Manager
to issue a contract purchase order not to exceed $101,000 to California Aviation Services, Inc.
of Riverside, California to provide helicopter air patrol services for a 90-day trial period.
SECTION 2. That the Mayor and Common Council approve select source justification
for the vendor California Aviation Services Inc (per Municipal Code 3.04.010 (b)(3)).
SECTION 3. Approval of the Contract is subject to the City Attorney being satisfied
that we have in place the necessary insurance coverage totaling $10,000,000 in aviation
liability and property coverage.
III
III
III
III
III
III
III
III
III
III
III
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6/11/{)?
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COlTNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING A 90-DA Y TRIAL CONTRACT BETWEEN
THE CITY OF SAN BERNARDINO AND CALIFORNIA A VIA TION SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
day of
, 2006, by the following vote, to wit:
on the
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2006.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to
Form:
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_ ._ .1)",.") -:J, \..]1,/ )--Tl-f-.,
(' fAMES F. PENMAN,
../City Attorney
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CITY OF SAN BERNARDINO
HELICOPTER PATROL SERVICES
CITY OF SAN BERNARDJ]'I;O
COJ\'TRACTUAL SERVICES AGREEMEJ\'T
THIS AGREEMENT (hereinafter the "Agreement") is made this ~ day of June, 2006.
(the "Effective Datc") by and between the CITY OF SAN BERNARDINO, a municipal corporation,
(hereinafter the "City"), and California Aviation Services, a California corporation with its principal
place of business at 6791 Airport Drive, Suite #A, Riverside, Ca. 92504 (hereinafter the
"Contractor"). The City and the Contractor are sometimes hcreinafter individually referred to as
"Party" and hereinafter collectively referred to as the "Parties."
RECITALS
A. The Contractor desires to perform and assume responsibility and obligation for the
provision of certain professional services, as hereinafter described, on the terms and
conditions set forth herein. Contractor represents that it is experienced in providing
law enforcement helicopter patrol services to public clients, is licensed in the State of
California and in accordance with Federal Aviation law, and is familiar with the
scope of work of City.
B. The City desires to engage Contractor to render such services, as hereinafter
described, for the Law Enforcement Helicopter Patrol Services on the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the City and thc Contractor agree as follows:
OPERATIVE PROVISIONS
SECTION I
ENGAGEMENT AND SERVICES OF THE CONTRACTOR
1. Engagement of Contractor. The City hereby engages the Contractor, and the Contractor
promises and agrees to furnish to the City, subject to the terms and conditions set forth in this
Agreement, all labor, materials, tools, equipment, services, and incidental and customary
work necessary to fully and adequately supply the professional services necessary for the
performance of this Agreement. The services are more particularly described in the Scope of
Services set forth in Exhibit "A" (the "Services") attached hereto and incorporated herein by
reference. The Contractor agrees to perform the Services in accordance with the terms and
conditions of this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations in effect at the
time the Services are providcd.
"
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"
Performance of the Contractor~ Standard of Care. The Contractor accepts the relationship
established between the City and the Contractor by the terms of this Agreement. The
Contractor covenants with the City to perform all Services under this Agreement in a skillful
and competent manner, consistent with or in excess of the standards of skill, quality and care
adhered to by recognized professionals in the same discipline in the State of Cali fomi a while
performing services of a like or similar nature under like or similar circumstances.
Contractor represents and maintains that it is skilled in the professional calling necessary to
perform the Services, and that it shall consider all recent proven and tested methods known
and successfully employed by recognized professionals in the same discipline in the State of
California. Contractor shall also cooperate with the City and any other contractors engaged
by or on behalf of the City in performance of these Services. The Contractor shall perform
its duties and obligations under this Agreement in an efficient, expeditious and economical
manner, consistent with the best interests of the City.
SECTION II
RESPONSIBILITIES OF THE CONTRACTOR
I. The Contractor Responsibilities for Costs and Expenses, Except as otherwise expressly
stated herein, the Contractor shall be responsible for all costs and expenses incurred relative
to the personnel of the Contractors and subcontractors of the Contractor in connection with
the performance of the Services, including, without limitation, payment of salaries, fringe
benefit contributions, payroll taxes, withholding taxes and other taxes or levies, office
overhead expense, travel expenses, telephone and other telecommunication expenses, and
document reproduction expenses.
2. Independent Contractor. The Services shall be performed by Contractor or under its
supervision. Contractor shall determine the means, methods and details of performing the
Services subject to the requirements of this Agreement. The Contractor represents that it
possesses the professional and technical personnel required to perform the Services. The
City retains Contractor on an independent basis and not as an employee of the City.
Contractor retains the right to perform similar or different services for others during the term
of this Agreement which do not conflict with Contractor's obligation to perfonn services for
City under this Agreement. The personnel performing the Services on behalf of the
Contractor shall at all times be under the Contractor's exclusive direction and control. The
Contractor shall pay all expenses, including, without limitation, all wages, salaries, fringe
benefit contributions, payroll taxes, withholding taxes, other taxes or levies and all other
amounts due such personnel for the Services or due others as a result of the performance by
such personnel ofthe Services. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to, all reports for social
security taxes, income tax withholding, unemployment insurance, disability insurance, and
workers' compensation insurance.
3
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3. Cooperation/City's Helicopter Patrol Services Administrator. The City shall designate a
person of command staff rank as the Helicopter Patrol Services Administrator who shall be
rcsponsible for the day to day administration of this Agreement. Both Parties shall work
closely and cooperate fully with the City's designated Helicopter Patrol Services
Administrator, and any other agencies which may have jurisdiction or interest in the Services
at the request of City. Contractor shall be available to City's Helicopter Patrol Services
Administrator and other staff and contractors working on the Services at all reasonable times.
This Agreement will be administered for the City by its Helicopter Patrol Services
Administrator. The Helicopter Patrol Services Administrator, or his/her designee, shall be
the principal officer of the City for liaison with the Contractor, and shall review and give
approval to the details of the Services as they are performed.
4. Contractor's Services Manager. The Contractor shall designate and assign a Services
manager ("Services Manager"), who shall coordinate all phases ofthe Services and act as the
Contractor's representative for performance of this Agreement. The Services Manager shall
have full authority to represent and act on behalf of the Contractor for all purposes under this
Agreement, and shall be available to the City at all reasonable times. The Services Manager
shall supervise and direct the Services, using his or her best skill and attention, and shall be
responsible for all means, methods, techniques, sequences and procedures employed by
Contractor's personnel, as well as the satisfactory coordination of all portions of the Services
under this Agreement. The Contractor designates Leo Bell to be its Services Manager.
5.
Kev Personnel. Contractor has represented to City that certain key personnel will perform
and coordinate the Services under this Agreement. Should one or more of such personnel
become unavailable, Contractor may substitute other personnel of at least equal competence.
As discussed below, any personnel who fail or refuse to perform the Services in a manner
reasonably acceptable to the City, or who are reasonably determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Services or a
threat to the safety of persons or property, shall be promptly removed by the Contractor at the
request of the City.
6.
Personnel; Licenses. The Contractor represents and warrants that it and all personnel
engaged in performing Services are and shall be fully qualified, authorized and permitted
under state and local law to perform such Services. The Contractor shall be responsible to
City for any errors or omissions in the execution of the Services under this Agreement. The
Contractor represents and warrants that it and all personnel and subcontractors engaged in
performing the Services have all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to perform the Services under this Agreement. The
Contractor further represents and warrants that it, its employees and subcontractors shall
keep in effect all such licenses, permits, qualifications and other approvals during the term of
this Agreement. Any personnel performing Services under this Agreement who are
reasonably determined by the City to be uncooperative, incompetent, a threat to the adequate
or timely completion of the Services, or a threat to the safety of persons or property, or any
personnel who fail or refuse to perform the Services in a manner reasonably acceptable to the
City, shall be promptly removed by the Contractor and shall not be re-employed to perform
4
any of the Services, under this contract.
7. Time of Performance. The Services to be performed by Contractor under and pursuant to
this Agreement shall be mutually agreed upon and completed as directed by the City's
Helicopter Patrol Services Administrator.
8. Preliminary Report. At the end 01'30 days a status report will be prepared by the Helicopter
Patrol Services Administrator outlining the program to date.
10.
9. Consistencv with Citv Policies. The Contractor shall discuss and review with the Helicopter
Patrol Services Administrator in advance of all critical decision points all matters relating to
the Services in order to ensure that the Services proceed in a manner consistent with the
goals and policies of the City.
Conformance to Applicable Legal Requirements. All aspects of the provision of the Services
by Contractor shall conform to all applicable city, county, state, and federal laws, rules and
regulations in effect at the time the services are provided. All Services shall be subject to
reasonable approval of the Helicopter Patrol Services Administrator. Contractor shall keep
itself fully informed of and in compliance with all local, state and federal laws, rules and
regulations in any manner affecting the performance of the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Contractor shall be liable for all
violations of such laws and regulations in connection with its Services, which it controls. If
the Contractor performs any work knowing it to be contrary to such laws, rules and
regulations and without giving written notice to the City, Contractor shall be solely
responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City,
its officials, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or failure to comply with such laws, rules or regulations.
11. Insurance. Contractor shall obtain, provide and maintain during the term of this Agreement,
at its own expense, a policy or policies of liability insurance of the type and amounts
described below. Contractor shall also require all of its subcontractors to obtain, provide and
maintain insurance which meets the same requirements contained herein.
A. Prior to the commencement of the Services, the Contractor shall provide evidence
satisfactory to the City that it has secured the following types and amounts of
lI1surance:
(I) Workers' compensation insurance covering all employees and principals of
the Contractor, in a minimum amount in compliance with the laws of the
State of California;
(2) Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of
$1,000,000 per occurrence for bodily injury, personal injury, and property
5
damage. If commercial general liability insurance or other form with a
general aggrcgate limit is used, either the general aggregate shall apply
separately to these Services, or the general aggregate limit shall be at least
twice the occurrence limit;
(3) Commercial helicopter liability and property insurance covering "any
helicopter" with a minimum limit of $2,000,000 combined single limit per
accident for bodily injury and property damagc.
B. The commcrcial general liability and helicopter policies shall contain the following
provisions, or Contractor shall provide endorsements on forms approved by the City
to add the following provisions to the insurance policies: (1) the City, its officials,
officers, employees and agents shall be included as named insureds with respect to
thc Services or operations performed by or on behalf of the Contractor and covering
any and all liability claims arising as a result of said Services or operations, including
materials, parts or equipment furnished in connection with such work; and (2) the
insurance coverage shall be primary insurance as respects the City, its officials,
officers, employees and agents, or if excess, shall stand in an unbroken chain of
coverage excess of the Contractor's scheduled underlying coverage. Any insurance
or self-insurance maintained by the City or its officials, officers, employees or agents
shall be in excess of the Contractor's insurance and shall not be called upon to
contribute with it in any way.
....,.-...,
c.
INTENTIONALLY OMITTED
D. All policies shall contain the following provisions, or Contractor shall provide
endorsements on forms approved by the City to add the following provisions to the
insurance policies: (I) coverage shall not be suspended, voided, canceled, modified
or reduced except after thirty (30) days prior notice has been given in writing to the
City; provided, however, in the case of non-payment of premium, ten (10) days
notice will be provided; (2) any failure to comply with reporting or other provisions
of the policies, including breaches of warranties, shall not affect coverage provided to
the City, its officials, officers, employees and agents. City shall have the right to pay
the premium in the event of default by Contractor. Such amounts shall be
reimbursed to City, including interest, costs and attorneys fees incurred by City.
E. Any insurance required by this Section II, subsection II shall not contain any special
limitations on the scope of protection afforded to the City, its officials, officers,
employees and agents.
F. All Insurance is to be placed with insurers with a current A.M. Best's rating no less
than A-,VII, licensed to do business in California, and satisfactory to the City.
G.
Contractor shall furnish City with original certificates of insurance and endorsements
effecting coverage required by this Agreement on forms satisfactory to the City. The
,
6
certi:icates and endorsements for cach insurance policy shall be signed by a person
authori7cd by that insurer to bind coverage on its behalf, and shall be on forms
providcd by the City if requested. All certificates and endorsements must be received
and approved by the City before work commences. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
H. The Contractor shall give to the City prompt and timely notice of any claim made or
suit instituted arising out of the Contractor's operation hereunder. The Contractor
shall also procure and maintain, at its own cost and expense, any additional kinds of
insurance, which in its own judgment may be necessary for its proper protection and
performance of the Services.
I. The Contractor shall include subcontracting contractors, if any, as additional insureds
under its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverage for each subcontractor shall be subject to the
requirements stated herein.
12. Prohibition Against Transfers.
A.
Neither the City nor the Contractor shall assign, sublease, hypothecate, or transfer
this Agreement, or any interest therein, directly or indirectly by operation of law
without the prior written consent of the other Party. Any attempt to do so without the
prior written consent of the other Party shall be null and void, and any assignee,
sublessee, hypothecate or transferee shall acquire no right or interest by reason of
such attempted assignment, hypothecation, or transfer.
......-
B. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of the Contractor, which shall result in changing the control
ofthe Contractor, shall be deemed an assignment of this Agreement. For purposes of
this paragraph, "control" means the ownership of fifty percent (50%) or more of the
voting power of the corporation.
13. Progress. Each Party shall keep the other Party informed on a regular basis regarding the
status and progress of the Services, activities performed and planned, scheduled or desired
relative to the Services or this Agreement.
14.
Confidentialitv. No news releases, including photographs, public announcements or
confirmations of the same, of any part of the subject matter of this Agreement or any phase
of the Services shall be made without prior approval by the City. The information which
results from the Services in this Agreement is to be kept confidential, unless the release of
information is authorized by the City. All Report Materials, either created by or provided to
Contractor in connection with the performance of this Agreement, shall be held confidential
by Contractor. Such materials shall not, without the prior written consent of City, be used by
Contractor for any purposes other than the performance of the Services. Nor shall such
materials be disclosed to any person or entity not connected with the performance of the
10;",,,
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Services. ~othing furnished to Contractor which is otherwise known to Contractor or is
oth~!\Vise gencrally known, or has become known, to the related industry, shall be deemed
confidential. Contractor shall not use City's name or insignia, photographs of the Services, or
any publicity pertaining to the Services in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of the City.
The foregoing shall not prohibit the Contractor from refcrring to the fact that Contractor
provides services to the City in Contractor's advertising.
15. INTENTlONALL Y OMITTED
16. Safety. Contractor shall execute and maintain its Services so as to reasonably avoid injury or
damage to any person or property. In carrying out its Services, the Contractor shall at all
times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the
nature of the work and the conditions under which the work is to be performed.
SECTION III
RESPONSIBILITIES OF THE CITY
I.
Cooperation. The City shall cooperate with the Contractor relative to the provisions of the
Services. To the extent permitted by applicable law, the City shall provide criteria and
information in its possession, or reasonably obtainable by it, as requested by Contractor, and
shall make that information and related data available for Contractor's use during the
performance ofthis Agreement. The City shall render decisions required by this Agreement
within the time indicated, or if not specifically stated, with reasonable promptness so as not
to unduly delay the progress of Contractor's Services.
"."'.
SECTION IV
COMPENSATION
I. Compensation. In consideration of the performance by Contractor of the Services, the City
shall pay to the Contractor compensation at the rates set forth in Exhibit "B" attached hereto
and incorporated herein by reference. Total compensation under this Agreement shall not
exceed $101,000.00 without written approval ofthe City's Mayor and Common Council (the
"Compensation").
2. Extra Service. The Contractor shall not receive additional compensation for any extra
service unless such extra service has been authorized orally or in wTiting by the Helicopter
Patrol Services Administrator or his designee prior to the commencement of the extra
service. The City shall pay the Contractor for extra service in accordance with the fee
schedule set forth in Exhibit "B". As used herein, "Extra Service" means any work which is
determined by City to be necessary for the proper completion of the Services, but which the
Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
8
3. Pavment of Compensation. The Contractor shall submit invoices to the City on a monthly
basis. or on such other basis as may be mutually agreed upon by the Pal1ies. Each invoice
shall show the number of hours worked and the nature of the service performed. The City
shall make payments to the Contractor no more than twenty-one (21) days following the date.
of receipt of the invoice, unless the City disputes the amount of the Compensation the
Contractor claims it is owed under this Agreement. Under such circumstance, all undisputed
amounts shall be paid.
4. Reimbursements. Contractor shall not be reimbursed for any expenses unless authorized in
writing by City. Such reimbursable expenses, if approved, shall include only those expenses
which are reasonably and necessarily incurred by Contractor in the performance of the
Services. Reimbursable expenses will be paid only at the actual cost to the Contractor, with
no mark-up for overhead or profit.
SECTION V
EXPIRATION AND TERMINA nON
I.
Events of Default. Each of the following events shall constitute an "Event of Default":
,~"'~
A. The Contractor shall fail to observe, perform or comply with any material term, covenant,
agreement or condition of this Agreement which is to be observed, performed or
complied with by the Contractor, if such failure continues uncured for three (3) calendar
days after the City gives the Contractor notice of the failure and the specific nature of
such failure.
B. If either Party shall commit any fraud, misrepresentation, breach of fiduciary duty, willful
misconduct, or intentional breach of any provision of this Agreement.
C. The Contractor fails to comply with the requirements of Section VI, subsection 2.B.
2. Termination Upon Event of Default. In addition to any other available legal or equitable
rights or remedies, upon an Event of Default by the Contractor, the City shall have the right
to immediately terminate this Agreement upon written notice to the Contractor.
3. Term and Extension. The term of the contract shall be for a period of90 days commencing
on the date indicated on page 1 of this Agreement (the "Initial Term"). The Parties may
mutually agree to extend this contract annually for an additional term of one to five years.
The Parties must give each other written notice of intent to extend this contract for an
additional term at least 30 days prior to the conclusion of the Initial Term.
9
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SECTION VI
GENERAL PROVISIO~S
I.
Nondiscrimination bv the Contractor. The Contractor represents and agrees that the
Contractor, its affiliates, subsidiaries, or holding companies do not and will not unlawfully
discriminate against any subcontractor, consultant. employee, or applicant for employment
because of race, religion, color. sex, disability, national origin. age or any other protected
classification under federal or state law. Such nondiscrimination shall include, but not be
limited to, the following: employment, promotion, demotion, transfers, recruitment,
recruitment advertising, layoff, termination, rates of payor other forms of compensation, and
selection for training, including apprenticeship.
2.
Conflicts ofInteresl: Prohibited Interests.
A. The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose
financial interests that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interests.
B. If subject to the Act, the Contractor shall conform to all requirements of the Act.
Failure to do so constitutes an "Event of Default" ofthis Agreement, and is grounds
for termination of this Agreement by the City.
"-'
C. Contractor maintains and warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for Contractor, to solicit or
secure this Agreement. Further, Contractor warrants that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other considera-
tion contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any
direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3. Subcontracting. The Contractor shall not subcontract any portion of the Services except as
expressly stated herein, without prior written consent of the City. Subcontracts, ifany, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
4. Waiver. No waiver of any default shall constitute a waiver of any other breach or default,
whether of the same or any other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by other parties shall give the other any contractual
right by custom, estoppel, or otherwise.
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5. Notices. All notices required hereunder shall be given in writing to the following addresses
or such other addresses as the Parties may designate by \Hillen notice:
To the City:
City of San Bernardino
Attention: Helicopter Patrol Services Administrator
710 North "D" Street
San Bernardino, CA 92401
To the Contractor:
California Aviation Services, Inc.
6791 Airport Drive, Suite A
Riverside, CA. 92504
Attention: Leo Bell
The effective date of any notice or written communications sent by one Party to the other shall be the
date received if by personal service, or 48 hours after deposit in the U.S. Mail as reflected by the
official U.S. postmark.
6. Authority to Enter Agreement. The Contractor has all requisite power and authority to
conduct its business and to execute, deliver and perform all of its obligations under this
Agreement. Each Party warrants that the individuals who have signed this Agreement have
the legal power, right and authority to enter into this Agreement so as to bind each respective
Party to perform the conditions contemplated herein.
7. Severability. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall
continue in full force and effect.
8. Time is of the Essence. Time is of the essence in this Agreement, and all Parties agree to
execute all documents and to proceed with due diligence to complete all covenants and
conditions set forth herein.
9. Attorneys' Fees and Costs. If any legal action or other proceeding is brought for the
enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepre-
sentation in connection with any provisions of this Agreement, the successful or prevailing
Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that
action or proceeding, in addition to any other relief to which it may be entitled.
The costs, salary and expenses of the City Attorney and members of his office in enforcing
this contract on behalf of the City shall be considered as "attorney's fees" for the purposes of
this paragraph.
10. Governing Law and Venue. This Agreement shall be construed in accordance with, and
governed by, the laws of the State of California. Any lawsuit brought to enforce this
Agreement shall be brought in the appropriate court in San Bernardino County, State of
California.
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"'..,
11.
Davs. Any term in this Agreemcnt referencing days. or period for performance shall be
deemed to be calendar days and not work days.
12. Entire Agreement. This Agreement contains the entire agreement of the City and the
Contractor, and supersedes any prior or written statements or agrecments between the City
and the Contractor. No supplement, modification. or amendment of this Agreement shall be
binding unless executed in writing by both Parties.
13. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be
binding on, and shall inure to, the benefit of the successors and assigns of the respective
Parties.
14. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute
an original and which collectively shall constitute one instrument.
15. Captions. The captions of the various articles and paragraphs are for convenience and ease
of reference only, and do not define, limit, augment or describe the scope, content or intent of
this Agreement.
16. Construction. Since the Parties or their agents have participated fully in the preparation of
this Agreement, the language in all parts of this Agreement shall be construed simply,
according to its fair meaning and not strictly for or against any Party.
"".'"
17. Cooperation/Further Acts. The Parties shall fully cooperate with one another in attaining the
purposes of this Agreement. In connection therewith, the Parties shall take any additional
further acts and steps and sign any additional documents as may be necessary, appropriate
and convenient to attain the purposes of this Agreement.
18. INTENTIONALLY OMITTED.
19. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements
with other contractors for services similar to the services that are subject to this Agreement or
may have its own employees perform services similar to those services contemplated by this
Agreement.
20. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or
obligation assumed by the Parties.
21. Incorporation of Recitals and Exhibits.
A. The "Recitals" constitute a material part hereof, and are hereby incorporated into the
Agreement by reference as though fully set forth herein.
";"....~
B.
The "Exhibits" constitute a material part hereof, and are hereby incorporated into the
12
Agreement by reference as though fully set forth herein.
22. References.
All references to the Contractor shall include all personnel, employees' agents and
subcontractors of the Contractor.
23. Supersession.
The terms of this contract shall supercede any and all provisions of the Exhibits "A" and "B"
attached to this agreement which are inconsistent with the terms of this agreement.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
CONTRACTOR
Patrick 1. Morris, Mayor
Leo Bell
California Aviation Services, Inc.
6791 Airport Drive, Suite #A
Riverside, CA 92504
ATTEST:
Rachel G. Clark
City Clerk
APPROVED AS TO LEGAL FORM:
n~i
't!--w- 7'
Jjnes F. Penman
7ilty Attorney
.,
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.
EXHIBiT "r\"
SCOPE OF SERVICES
Contractor to Provide:
Helicopter patrol services within the corporate limits of City or as such limits may be modified by
annexation or exclusion during the term of the contract. This service may be extended per the
direction of the Hel icopter Patrol Services Administrator or the on-duty Walch commander to
outlying regions surrounding the City in extraordinary situations such as pursuits and mutual aid
requests.
A patrol helicopter equipped to perform the law enforcement patrol mission from the air Helicopter
shall be minimally equipped with a police radio and a searchlight (SX 5 or SX 16). Optional
equipment may include a FUR with monitor and recorder, mapping systems, siren and a public
address system.
The primary helicopter shall have at least (3) seats and be able to cruise at a minimum of 110 knots
with a crew of two persons aboard with two-hour fuel endurance. A substitute helicopter shall be
equipped in the same manner as the primary helicopter unless the Helicopter Patrol Services
Administrator agrees otherwise.
A patrol helicopter that is FAA certified as airworthy under the standard category.
All fixed annual costs and direct operating costs to include: hull and liability insurance, reserves for
enginel major parts! airframe overhauls, fuel, oil, periodic I OO-hour inspections, annual inspections,
unscheduled maintenance, scheduled maintenance, hangar and utilities.
A FAA commercially rated, law enforcemcnt pilot (either currently an officer, fOlmer officer, reserve
officer, technical reserve officer, retired officer or equivalcnt experience) on duty at all times during
a patrol shift to fly the helicopter. The equivalent experience shall be subject to the final approval of
the Helicopter Patrol Services Administrator or the Chiefs designee prior to acting as pilot in
command. The pilot shall have a current Class 2 medical certificate and be cxperienced in the
helicopter being flown.
All flight safety equipment for the contract pilot, to include a sage green nomex flight suit with a
leather nameplate, nomex gloves, black leather boots, flashlight, aeronautical charts, logbooks,
knee board, flight helmet with microphone and any other gear deemed necessary for safe, FAA legal
flight operations.
The term "night hours" as used in this contract shall mean actual flight time, and shall specifically
include all time necessary for lift off. departure procedures and travel between helicopter's base and
'''. the CITY.
A-I
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Agen~ );q ~k.
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EXHIBIT "A" (ConHnut:d)
lL:!icoptcr and oJ! crew and equir-ml'J1t necessary to a;:C('iml11c:J~lte a -t i J-work s('hc\..~u;e (4 Jays i"cr
\veek, 1 0 hour~ per shift anJ 4.5 ',if,ht hnurs per shift) trom \\'edne~da~ through ~3P.Jrd:iY from l.5_~Q
hours L!ntil 0130 hours or other ;..;JYs anJ"lor hours as mutually agreed by City and 1"J)ntracklf. Shins
and flight hours may be altered by the Police Depart;nent due to workload shift, special events or
wcather consideration. Flight hours either over or under the minimum flight hours per shift may be
adjusted in the following days andior week to proYlde for an ~,-eral!~ of 1 R flight hours per \\'eek.
In the e\'ent that the Hclicopter Patrol Services Administrator determinc's there is a need for
additional patrols or other sen.ices, that person shall contact the Contractor to request such services.
If the wcather, maintenance or other conditions force less night hours in any week, the flight hours
may be made up at other times at the discretion of the San Bernardino Police Department. The flight
hours may be made up through additional patrol hours, special flights, and participation in
community relation events and static displays as an example.
Flight hours not used by the end of any given month shall be lost.
Contractor shall plan to conduct periodic 1 GO-hour inspections on non-patrol days (Sunday through
Wednesday morning), so as to not impact patrol services to the City. This is especially significant if
contractor utilizes one helicopter to fulfill the terms of this contract. The City realizes unplanned
maintenance for equipment malfunctions that render the helicopter unairworthy may occur and
impact services to the City for short periods of time. Contractor shall make every effort to minimize
the impact of unforeseen maintenance. Contractor shall plan routine maintenance so services are not
impacted,
Placement of design logo to include the wording "Police" on the helicopter.
Police Department to Provide:
A sworn Police Officer observer to fly in the helicopter. (Contractor may provide Police observer
upon mutual agreement of both Parties for the short term, or long term contract)
A police radio (control head and transmitter unit. 12 volt) designed for patrol cars if needed, for
mounting in each aircraft necessary for the fulfillment of the contract.
A mobile data terminal or equivalcnt data device being used by City law enforcement patrol services.
Any additional equipment specifically required for the operations pursuant to this agreement
considered reasonably obligatory to the City. Examples include observer flight suits, flight
equipment, f1ashlights, base station radios, handheld radios, binoculars, map books, etc.
/1/
il/
.........
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t "':HIBIT "B"
COMPENSATION Sli:\1I\1ARY SHEET
LA W E:\FORCEl\IENT HELICOPTER PATROL SERVICES
l. Basic Lcnl of Service
40 shift hours per week - work shift 4/1 0 (4 days per week, 10 hour shift per day). minimum of 4.5
l1ight hours per 10 hour work shift. Flight hours either over or under the minimum night hours per
shift may be adjusted in the following days and/or week to provide for an averaM of 18 night hours
per week.
Total Cost
$97.500
2. Additional Costs Billed Monthly
,,....
Additional flight hours above the basic weekly night hour schedule of 18 night hours per week and
not adiusted in the following days and/or week will be billed at a rate of: $435.00 per hour
Additional shift work hours above the basic weekly shift hour schedule of 40 shift hours per week.
Additional shift hours will be billed at a rate of: $55.00 per hour.
Ex: Shift schedule ends at 02:00
Overtime request for the flight crew is to stay on duty until 05:00 for a surveillance mission.
Flight hours nown during overtime period = 1.0 hour.
Billed as follows: 1 hr x $435; 2 hrs x $55.
3. Maximum Compensation
The total compensation under this Agreement shall not exceed $10 I ,000.00 without \willen approval
of the City's Mayor and common Council. The Parties agree that adjustments to the basic level of
service may be necessary to accommodate the maximum compensation stated herein.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item #
Vote: Ayes d) 'Jq ,tJ'j 7 Na~
JJ
Change to motion to amend original documents D
Resolution #
Abstain D-
Companion Resolutions
JODb - J ~J---
Absent j y- (p
J.7
NullIVoid After: ~ days /
Resolution # On Attachments: D
Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Reso. Log Updated: %
Seal Impressed: fl.
Reso. # on StaffReport...0
Date MemolLetter Sent for Signature:
I" Reminder Letter Sent:
{).c, P 7/00 Date Returned: Oi-Iev Oft Not Returned: D
2nd Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control
City Administrator
City Attorney
Code Compliance
Development Services
D
D
~ t~"N,-
D
D
EDA
D Information Services
D Parks & Recreation
.JiJ, ~l\L~~lice Department
D Public Services
D Water Department
D
D
.leD C.6}t~
D
D
Facilities
Finance
Fire Department
Human Resources
Others:
Notes:
Ready to File: ~
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
f<ECEIVED-CITY CLEi;',
2006 JUN 29 P:112: 52
DATE:
June 27, 2006
TO:
Suzy Sandoval, Patrol Secretary
Police Department
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents - Resolution No. 2006-182
At the Mayor and Common Council meeting of June 19, 2006, the City of San Bernardino
adopted Resolution No. 2006-182 - Resolution authorizing a 90-day trial contract between the
City of San Bernardino and California Aviation Services for helicopter patrol services.
Attached are a copy of Resolution No. 2006-182 and one (1) ORIGINAL City of San
Bernardino Contractual Services Agreement and two (2) duplicate original Contractual Services
Agreements. Please obtain signatures in the appropriate locations and return the ORIGINAL
City of San Bernardino Contractual Services Agreement to the City Clerk's Office to the
attention of Dodie Otterbein, Records Management Coordinator. Please retain a duplicate
executed Contractual Services Agreement for your records and forward the other duplicate
Contractual Services Agreement to the other party.
Please be advised that the resolution and agreement need to be executed as soon as possible.
If you have any questions, please contact Dodie Otterbein at ex!. 3215.
Sandra Medina
Assistant to the City Clerk
I hereby acknowledge receipt ofthe above mentioned documents.
Signed:/~/l/l~~d~
Date: {o- 29--1'10
RECEIVED-CIT'( CLEi;:.
ZnIT6 JUl I 9 /;i i 9: ~ 9
INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
TO:
Rachel Clark, City Clerk
FROM:
Henry Empefio Jr., Senior Deputy City Attorney
DATE:
July 19,2006
RE:
Helicopter Patrol Services
Enclosed please fmd the original executed Helicopter Patrol Services Agreement.
Should you have any questions, please do not hesitate to contact me.
~~~
Henry Empefio, Jr.
Senior Deputy City Attorney
BEds [YellowFreigbtTrucks.MemoJ