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HomeMy WebLinkAbout29-Police Department e e e OTY OF SAN BERNARDINO - REQUEST FOR COUNOL ACTION From: Michael A Billdt, Chief of Police Subject: Resolution of the City of San Bernardino authorizing a contract between the City of San Bernardino and California Aviation Services, Inc. (CAS) of Riverside, CA for helicopter patrol services through FY 2008/09, with two two-year options for renewal. Additionally, to increase Purchase Order # 300U8 for helicopter patrol services in FY 2006/07 by $290,700 to an amount not to exceed $520,884. Dept: Police Department Date: December 28, 2006 Mice DATE: January 8, 2007 Synopsis of Previous Council Action 9-18-2006 Resolution No. 2006-345, authorizing a 120-dayextension of the trial contract berween the City of San Bernardino and California Aviation Services, Inc. for helicopter patrol services. Resolution No. 2006-182, authorizing a 90-daytrial contract between the City of San Bernardino and California Aviation Services, Inc. for helicopter patrol services. 6-19-2006 Recommended Motion: 1. 2. Adopt Resolution. Increase Purchase Order # 300128 by$290,700 to an amount not to exceed $520,884 to fund helicopter patrol services, including aviation and property insurance expenses provided by CAS for the contract extension period. Approval of the contract is subject to the City Attorney being satisfied that the necessary insurance coverage totaling $10,000,000 in aviation liability and property coverage is continued. 3. ~~ ~y M~;J/II/o' MI LA BIL T, GIIEF OF POUCE " Contact person: Captain Steve Klettenberg Phone: 384-5606 Supporting data attached: Yes Staff ReportlResolution Ward: All FUNDING REQUIREMENTS: Amount: Source: $290,700 Professional/Cont Services 001-223-5502 Council Notes: Finance Agenda Item No.-M- J I (107 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect Resolution of the City of San Bernardino authorizing a contract between the City of San Bernardino and California Aviation Services, Inc. (CAS) of Riverside, CA for helicopter patrol services through FY 2008/09, with two two-year options for renewal. Additionally, to increase the Purchase Order #300128 for helicopter patrol services in FY 2006/07 by $290,700 to an amount not to exceed $520,884. Backl!round On June 19, 2006, the Mayor and Common Council approved Resolution No. 2006-182, authorizing a 90-day trial contract between the City of San Bernardino and CAS for helicopter patrol services. On September 18,2006, the Mayor and Common Council approved Resolution No. 2006-345, authorizing a 120-day extension of the trial period contract between the City and CAS for helicopter patrol services. The goals of this program are to improve officer and public safety, improve the quality of law enforcement services delivered to the community, reduce response time to critical police calls for service, and increase the number of "on sight" arrests. Helicopter patrol services commenced on July 19, 2006, in support of the Operation Phoenix and CITE special enforcement programs. The second trial period focused on supporting regular patrol operations. During the two trial contract periods CAS provided one helicopter, four days per week (averaging 4.5 flight hours per day). Included in the contract were the pilot, maintenance, fuel, and equipment needed to fly direct air support operations for patrol officers during busy evening shifts. Performance measures were established at the start of the first trial contract period and have been monitored and evaluated throughout both trial periods. Response times, first on scene and significant events associated with the program are detailed in Exhibit "A". Based of the success of the trial program, the Police Department is proposing a contract between the City of San Bernardino and California Aviation Services, Inc. (CAS), of Riverside, CA to . continue helicopter patrol services through FY 2008/09, with two two-year options for renewals. Additionally, we request that the Mayor and Common Council approve an exemption from the bid process (Per Municipal Code 3.04.010(b)(3)). The Police Department further requests approval to increase Purchase Order #300128 to CAS by $290,700 to an amount not to exceed $520,884 to continue helicopter patrol services for the remainder of FY 2006/07 (January 19, 2007 to June 30, 2007). e e e The terms of the contract are as follows: 1. CAS will provide a fully equipped and staffed helicopter, 5-days-a-week, 5-hours-a-day, 1,320 hours annually to meet the terms of the proposed contract at the fixed hourly rate of $465.00 per hour of actual flight time. The rate includes the aircraft, the pilot, all fuel and liquids, and police aviation equipment needed to fly direct support operations for our patrol officers as well as liability insurance coverage required by the City Attorney's Office. 2. CAS will base operations, including refueling, for City of San Bernardino flights out of San Bernardino International Airport so that the air crew will remain in the City. 3. The contract will establish a pooled flight-hours program and will allow flight hours not used during periods when weather does not allow for safe flight operations to be pooled for future use. These hours will enable the crews to fly additional hours during busier months and will expire at the end of each fiscal year if not used. 4. The contract will allow the City to continue flight operations on an annual basis by issuing a purchase order and to extend the contract for two additional two-year periods at the current fixed rate. Financial Imnact Funding for helicopter patrol services over the life of the contract will be derived from Measure Z funding. Funding for the period from January 19, 2007 to June 30, 2007 is included in Account #001-223-5502 in the amended City budget for FY 2006/07. Recommendation I. Adopt Resolution. 2. Increase Purchase Order #300128 by $290,700 to an amount not to exceed $520,884 to fund helicopter patrol services, including insurance expenses provided by CAS for the contract extension period. 3. Approval of the contract is subject to the City Attorney being satisfied that the necessary insurance coverage totaling $10,000,000 in aviation liability and property coverage is continued. e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND CALlFOR.~IA A VIA TION SERVICES, INC. (CAS) OF RIVERSIDE, CA FOR HELICOPTER PATROL SERVICES THROUGH FY 2008/09, WITH TWO TWO-YEAR OPTIONS FOR RENEWAL. ADDITIONALLY, TO INCREASE PURCHASE ORDER #300128 FOR HELICOPTER PATROL SERVICES IN FY 2006/07 BY $290,700 TO AN AMOUNT NOT TO EXCEED $520,884. 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 Mayor to sign a contract for helicopter patrol services between the City of San Bernardino and California Aviation Services. Inc. (CAS). of Riverside. California for the period of January 18.2007 to June 30, 2009. with two two-year options to renew the contract. SECTIO:'li 2. That the Mayor and Common Council authorize the purchasing manager to increase Purchase Order #300128 to California Aviation Services by $290,700 not to exceed S520.884 for helicopter patrol services for FY 2006/07. SECTION 3. That the Mayor and Common Council approve an exemption from the bid process for helicopter patrol services per Municipal Code 3.04.0 I 0 (b )(3). SECTION 4. Approval of the Contract is subject to the City Attorney being satisfied that the necessary insurance coverage totaling $10.000.000 in aviation liability and property coverage is continued. III III III III iI-~ j.cY'07 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A CONTRACT BETWEEN THE CITY OF SAN BERNARDINO AND CALIFORNIA A VIA TION SERVICES, INC. (CAS) OF RIVERSIDE, CA FOR HELICOPTER PATROL SERVICES THROUGH FY 2008/09, WITH TWO TWO-YEAR OPTIONS FOR RE;-';EW AL. ADDITIONALLY, TO INCREASE PURCHASE ORDER #300128 FOR HELICOPTER PATROL SERVICES IN FY 2006/07 BY $290,700 TO AN AMOUNT NOT TO EXCEED $520,884. 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 on the day of ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of , 2007. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: .e. e e e CITY OF SAN BERNARDINO HELICOPTER PATROL SERVICES e e e CITY OF SAN BERNARDINO CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT (hereinafter the" Agreement") is made this _ day of January, 1007. (the "Effecti ve Date") 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. 91504 (hereinafter the "Contractor"). The City and the Contractor are sometimes hereinafter 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 the Contractor agree as follows: OPERATIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE CONTRACTOR I. Term of this Agreement. The initial term of this Agreement is from January IS, 2007 through June 30, 2009. 2. Renewal. The parties may extend the initial term of this Agreement twice by mutual agreement. Each renewal period will be for a two-year period. The first renewal period is from July I, 2009 through June 30, 2011. The second renewal period is from July 1,1011 through June 30, 2013. 2 e e e 3. 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 provided. 4. 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 California while peli"orming 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 perform services for City under this Agreement. The personnel performing the Services on behalf of the 3 e e e 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 of the 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. 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 responsible 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 of the 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 ortimely 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 federal, 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 4 e e e 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 underthis 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 any of the Services, under this Agreement. 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. 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. 9. 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. 10. 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 insurance: (I) Workers' compensation insurance covering all employees and principals of 5 e e e 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 damage. If commercial general liability insurance or other form with a general aggregate 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 $IO,OOO,OOO combined single limit per accident for bodily injury and property damage. B. The commercial 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: (I) the City, its officials. officers, employees and .agents shall be included as named insureds with respect to the 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, induding 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. 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. The costs, salary . and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" in enforcing the provisions of this paragraph. D. Any insurance required by this Section II, subsection 11 shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, 6 e e e employees and agents. E. 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. F. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The ce11ificates and endorsements for each insurance policy shall be signed by a person authOlized by that insurer to bind coverage on its behalf, and shall be on forms provided 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. G. 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. H. 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 attemptedassignment, 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 of the 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. Confidentiality. 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 7 e e e 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 Services. Nothing furnished to Contractor which is otherwise known to Contractor or is otherwise generally 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 referring to the fact that Contractor provides servicesto the City in Contractor's advertising. The City, in compliance with the California Public Records Act, shall be provided with any and all requests for documents pursuant to the Act, and the City shall assure that the Public Records Act is complied with on all requests. ]5. 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 ill RESPONSIDILITIES 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 of this 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 for the following services: A. Regu]ar Compensation 1. Period One (January 19, 2007 to June 30, 2007): 600 Hours of Regu]ar Patrol 8 e e e Flight Services at the rate of $465.00 per hour of flight that will be billable in six equal monthly payments of 100 Hours, not to exceed $279,000.00. 2. Period Two (July 1,2007 to June 30, 2008): 1320 Hours of Regular Patrol Flight Services at the rate of $465.00 per hour of flight that will be billable in twelve equal monthly payments of 110 hours, not to exceed $613,800.00. 3. Period Three (July 1,2008 to June 30, 2009): 1320 Hours of Regular Patrol Flight Services at the rate of $465.00 per hour of flight that will be billable in twelve equal monthly payments of 110 Hours, not to exceed $613,800.00. The hourly rate of $465.00 for Regular Patrol Flight Services shall remain the same for each additional renewal period as set forth herein. B. Additional Compensation I. Additional flight hours in excess of the basic Regular Patrol Flight Services shall be $465.00 per hour. ~ Additional shift non-flight hours associated with the additional flight hours in subparagraph B.I. shall be $55.00 per hour. 3. Additional flight hours on designated holidays as set forth in Exhibit "B"shall be $800.00 per hour. 4. Additional shift non-flight hours associated with the additional flight hours on designated holidays as set forth in subparagraph B.3 shall be $120.00 per hour. The hourly rates for additional compensation will remain the same for each additional renewal period as set forth herein. C. Fuel Price Adjustment On January 18, 2007, Contractor will provide to City its cost per gallon of Aviation Grade Octane fuel (A VGAS - 100). This will be the Base Price for fuel through June 30, 2007. On July I, 2007 the price for fuel shall be adjusted by the charge, if any, from the base month specified below, in the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Labor Department for gasoline for the Los Angeles -Riverside Orange County areas and identified as Index Number APUA 4217471A herein referred to as CPI. The price of gasoline shall be adjusted initially on July 1,2007 and again on July I of each succeeding year that this Agreement is in effect as follows: Initially, the Base Price shall be multiplied by a fraction the numerator of which shall be the CPI on July 1,2007 and the denominator shall be the CPI on January 18,2007, and the number one (I) shall be subtracted from this fraction. 9 e e e This figure shall be used to calculate a fuel surcharge as follows: Basic Price x Fraction - I x 1320 (Basic Annual Patrol Hours) x 18 (Gallons per hour = surcharge). During each successive yearly indices in effect contract period beginning July I, 2008 the Fuel Price Adjustment shall be compiled using the CPI on July I of the then current year and the prior year of the period. The calculation shall be performed in the same manner as the initial period above. The surcharge will be a single annual surcharge that will occur on the first day of July every year during the contract. If the surcharge is a negative number, it will result in a single credit to the City's account annually. The surcharge will be billed on a separate invoice and the City will have 60 days to pay this annual invoice after receipt. In the event the compilation and/or publication of the CPI shall be transferred to any other governmental department or bureau or agency or shall be discontinued, then the index most nearly the same as the CPI shall be used to make the calculation. 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 Parties. 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 thirty (30) 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 TERMINATION 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 gi ves 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 10 e e e 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. '") 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. SECTION VI GENERAL PROVISIONS 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 of Interest: 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 (I) 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" of this 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 11 e e e expressly stated herein, without pJior written consent of the City. Subcontracts, if any, 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. 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 written notice: To the City: City of San Bernardino Attention: Helicopter Patrol Services Administrator 710 North "0" 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. 12 . e e 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. II. Davs. Any term in this Agreement referencing days, or period for performance shall be deemed to be calendar days and not work days. 12. Entire Agreement. This Agreement, including Exhibits A and B, contains the entire agreement of the City and the Contractor, and supersedes any prior or written statements or agreements 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, which includes Exhibits A and B, shall be binding on, and shall inure to, the benefit of the successors and assigns of the respective Parties. 14. Counterparts. This Agreement, which includes Exhibits A and B, may be signed in counter- parts, each of which shall constitute an original and which collectively shall constitute one instrument. IS. 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. CooperationlFurther 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. Business License. Contractor warrants it possesses, or shall obtain, and maintain during the term of this Agreement a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required of Contractor to practice in its profession, skill or business. 19. Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements 13 . e e 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 Partv 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 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. Mortis, Mayor Leo Bell, California Aviation Services ATTEST: Rachel G. Clark City Clerk APPROVED AS TO FORM: ~l.e~ 1 mes F. Penman City Attorney 14 e e e EXHIBIT "A" 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 Helicopter Patrol Services Administrator or the on-duty watch 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 partsl airframe overhauls, fuel, oil, periodic 100-hour inspections, annual inspections, unscheduled maintenance, scheduled maintenance, hangar and utilities. A FAA commercially rated, law enforcement pilot (either currently an officer, former officer, reserve officer, technical reserve officer, retired officer or equivalent 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 Chief's designee prior to acting as pilot in command. The pilot shall have a current Class 2 medical certificate and be experienced 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, kneeboard, flight helmet with microphone and any other gear deemed necessary for safe, FAA legal flight operations. The term "flight 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. e e e EXHIBIT "A" (Continued) Helicopter and all crew and equipment necessary to accommodate the City's 4/10-work schedule (5 days per week, 10 hours per shift and 5 flight hours per shift) from Wednesday through Sunday from 1530 hours until 0130 hours or other days and/or hours as requested by City. Shifts and flight hours may be altered by the Police Department due to workload shift, special events or weather consideration. Accrual of flight hours is essential to a long term flight operations program. The City proposes to pay for a program that includes 1320 hours of flight time that are to be designated as "Regular Patrol Flight Hours." A standard shift includes 5 hours of flight time. If the crew is unable to use all of the flight time, the unused flight hours will be reclassified from "Regular Patrol Flight Hours" (RPFH) to "Accrued Patrol Flight Hours" (APFH). APFH hours shall accrue during the term of this Agreement and any extensions thereof. APFH hours are intended to add additional flight dates to the calendar and are not intended to extend any regular work shift. The City and Contractor shall meet quarterly during the term of the Agreement to discuss the APFH hours. City and Contractor will use their best efforts to coordinate the use of the APFf! hours in the subsequent calendar quarters. The City will coordinate days for use of the APFH hours with the Contractor in advance. For each extra flight day the Contractor will be allowed to invoice the City for $550.00 to cover additional pilot flight hours. In the event that the Helicopter Patrol Services Administrator determines there is a need for additional patrols or other services, that person shall contact the Contractor to request such services. If the weather. maintenance or other conditions force less flight 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. Contractor shall plan to conduct periodic 1 OO-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 as Flight Officer. (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 equivalent data device being used by City law enforcement patrol services. e e e EXHIBIT "A" (Continued) Any additional equipment specifically required for the operations pursuant to this agreement considered reasonably obligatory to the City. Examples inc\udeobserver flight suits, flight equipment, flashlights, base station radios, handheld radios, liinoculars, map books, etc. III III e e e EXHIBIT "B" SUMMARY SHEET LA W ENFORCEMENT HELICOPTER PATROL SERVICES A. Level of Service 1. 50 shifts hours per week during the contract period. (Work shift 4/10, 5.0 flight hours per 10 hour work shift) B. Desienated Holidavs The parties designate the following holidays which will be billed at the holiday rate set forth in Section IV, paragraph I(B): Thanksgiving Day After Thanksgi ving Christmas Eve Christmas New Year's Eve New Year's Day One of the following holidays of the City's choosing: Memorial Day Independence Day Labor Day