1-6 a -1332.
PROFESSIONAL SERVICES AGREEMENT WITH
HELISTREAM, INC.
FOR PILOT TRAINING
THIS AGREEMENT, dated for purposes of identification only, this 25th day of January 2022, by and between the City of Anaheim and HeliStream, Inc., a California corporation whose address is 3000 Airway Avenue, Suite 350, John Wayne Airport, Costa Mesa, California, 92626 ("Contractor"), and is made with reference to the following:
RECITALS
A. The City of Anaheim is a municipal corporation duly organized and validly existing under the laws of the State of California, with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim.
B. The City of Anaheim is planning to train new pilots and implement recurrent training for its current pilots.
C. The City of Anaheim desires to engage Contractor to train its pilots upon the terms and Conditions set forth in this Agreement (the "Project").
D. Contractor possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement.
E. The City of Anaheim has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. TERM/OPTION FOR RENEWAL
The term of this Agreement shall commence on February 1, 2022, and shall terminate on January 31, 2023 unless terminated earlier as set forth herein. At the discretion of the Chief of Police, the City of Anaheim reserves the option to renew this Agreement for three (3) additional one (1) year terms. During any renewal period, any increase in fees charged by Contractor as enumerated in Exhibit A shall not exceed the published Consumer Price Index (C.P.I), unless agreed upon by the City of Anaheim.
2. SERVICES TO BE PERFORMED
Contractor shall diligently complete the project and perform all the services described in Exhibit A hereto and incorporated herein by reference. The City of Anaheim may elect to delete certain tasks listed on Exhibit A at its sole discretion.
CI
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3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement, and the services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by the City of Anaheim.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in services provided with respect to the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that is purportedly causing the delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control.
3.2 For all time periods for performance not specifically set forth in this Agreement, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand-delivery or mail.
4. COMPENSATION TO CONTRACTOR
The City of Anaheim shall pay Contractor for services rendered on the Project on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit A and incorporated herein by reference. Contractor's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed One Hundred Twenty Thousand Dollars ($120,000.00). No changes to the billing rates set forth in Exhibit A shall be made during the terms of this Agreement without prior written approval of the City of Anaheim.
4.1 Contractor shall submit monthly invoices to the City of Anaheim describing the work performed the preceding month. Contractor's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in Exhibit A to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. The City of Anaheim shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by the City of Anaheim staff.
4.2 The City of Anaheim shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by the City of Anaheim. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:
A. The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by the City of Anaheim and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically authorized in advance, in writing, and incurred by Contractor in the performance of this Agreement.
4.3 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of the City of Anaheim. As used herein, "Extra Work" means any work that is determined by the City of Anaheim to be necessary for the proper completion of the Project, but which is not included in Exhibit A, and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit A.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. The Project Manage shall be available to the City of Anaheim at all reasonable times during the term of this Agreement. Contractor has designated Andreas Moser to be its Project Manager. Contractor shall not remove or reassign the Project Manager or assign any new or replacement personnel to the Project without the prior written consent of the City of Anaheim. The City of Anaheim shall not unreasonably withhold approval with respect to the removal or assignment of non-key personnel.
Contractor, at the sole discretion of the City of Anaheim, shall remove from the Project any of its personnel who fail to perform services in a manner acceptable to the City of Anaheim upon written request of the City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINSTRATION
The Air Support Lieutenant shall be the Project Administrator. The Project Administrator shall have the authority to act for the City of Anaheim under this Agreement and will administer this Agreement. The Project Administrator or his authorized representative shall represent the City of Anaheim in all matters pertaining to the services to be rendered pursuant to this Agreement.
7. STANDARD OF CARE
7.1 All of the services provided pursuant to this Agreement shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical experience, personnel, and expertise required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with professional and industry standards. All services shall be performed by qualified and experienced personnel who are not employed by the City of Anaheim and do not have any contractual relationship with the City of Anaheim. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the professional standard of care in the industry.
7.2 Contractor represents and warrants to the City of Anaheim that it has/shall obtain and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Contractor to engage in its profession or provide services pursuant to this Agreement.
8. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the City of Anaheim, its City Council, boards, commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims, including, without limitation, claims for bodily injury, death or damage to property, demands, obligations, damages, actions, causes of actions, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively "Claims"), which may arise from or in any manner related (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement, or Contractor's participation in or activities in connection with the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them.)
Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any claim arising from the sole negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liabilities regardless of whether any insurance policies are applicable. The policy limits of any such insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.
9. INDEPENDENT CONTRACTOR
It is understood that the City of Anaheim retains Contractor on an independent contractor basis, and Contractor is not an agent or employee of the City of Anaheim.
The manner and means of performing the services provided pursuant to this Agreement are under the control of Contractor, except to the extent they are limited by statute, rule, regulation, or the express terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents to be the agents or employees of the City of Anaheim. Contractor shall have the responsibility for and control over the means of performing its work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give the City of Anaheim the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of the City of Anaheim with respect to the results of the services provided.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with the Project Administrator and any other agencies that may have jurisdiction of or interest in the work to be performed pursuant to this Agreement. The City of Anaheim agrees to cooperate with the Contractor on the Project.
11. CITY OF ANAHEIM POLICY
Contractor shall discuss and review all matters relating to policy and Project direction with the City of Anaheim Project Administrator in advance of all critical decisions in order to ensure the Project proceeds in a manner consistent with the City's goals and policies with respect to this Agreement.
12. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or his duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired in conjunction with the Project.
13. INSURANCE
Without limiting Contractor's indemnification obligations to the City of Anaheim, and prior to the commencement of any work pursuant to this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to the City of Anaheim.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to the City of Anaheim as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City of Anaheim Risk Manager prior to commencement of any work under this Agreement. Current certification of insurance shall be kept on file at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign the certificates for all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VJI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City of Anaheim Risk Manager.
D. Coverage Requirements
(i) Worker's Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance in accordance with the laws of the State of California and Employer's Liability Insurance in an amount not less than one million dollars ($1,000,000). In addition, Contractor shall require any subcontractor to similarly maintain Worker's Compensation Insurance and Employers Liability Insurance in an amount not less than one million dollars ($1,000,000) for all of the subcontractor's employees. (ii) Aircraft Liability Coverage. Contractor shall maintain aircraft liability insurance in an amount not less than one million dollars ($1,000,000) combined single limits, including passengers.
(iii) Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Consultant's Liability, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible or self-insured retention is disclosed to City, in writing, at the inception of this Agreement. (This coverage written with a Self-Insured Retention must be submitted for approval by the Risk Manager prior to the inception of the final Agreement.)
(iv) Comprehensive Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, written on an occurrence form.
(v) Professional Liability Insurance in an amount not less than $2,000,000 per occurrence, and Consultant shall maintain such coverage for at least one (1) year from the termination of this Agreement. Such insurance shall be written on a primary basis, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to City, in writing, at the inception of this Agreement. (This coverage written with a Self-Insured Retention must be submitted for approval by the Risk Manager prior to inception of the final Agreement.
(vi) Notice of Cancellation. Any notice of cancellation or non-renewal of any insurance policy required by this Agreement must be received by the City of Anaheim at least thirty (30) days prior to any cancellation, non- renewal or other change in coverage, except in the event of cancellation for non-payment of premium, for which the City shall be provided ten (10) days written notice.
E. Endorsements. Each general liability insurance policy shall be endorsed with the following specific language:
(i) The City of Anaheim, its elected or appointed officers, board members, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of Contractor for the City of Anaheim.
(ii) This policy shall be considered primary insurance with respect to all claims, losses, or liability arising directly or indirectly from Contractor's operations or services provided to the City of Anaheim. Any insurance maintained by the City of Anaheim, including any self-insured retention the City of Anaheim may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. (iii) This insurance shall act for each insured and each additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(iv) The insurer waives all rights of subrogation against the City of Anaheim, its elected or appointed officers, board members, officials, employees, agents and volunteers.
(v) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Anaheim, its elected or appointed officers, officials, employees, agents or volunteers.
(vi) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage, scope or limits until after thirty (30) days prior written notice has been given to the City of Anaheim, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days notice.
F. Timely Notice of Claims. Contractor shall give the City of Anaheim prompt and timely notice of claim made or suits instituted arising out of or resulting from Contractor's performance under this Agreement.
G. Additional Insurance. Contractor shall 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 and work it provides.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be provided pursuant to this Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior written approval of the City of Anaheim. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor that results in changing the control of Contractor shall be considered an assignment. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) or more of the assets of the corporation.
15. SUBCONTRACTING
The parties recognize that a substantial inducement to the City of Anaheim for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of Contractor under this Agreement shall be permitted only with the express written consent of the City of Anaheim. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City of Anaheim.
16. RECORDS
Contractor shall keep records and invoices in connection with the work performed and services provided pursuant to this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to the City of Anaheim for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City of Anaheim to examine, audit, and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
17. WITHOLDINGS
The City of Anaheim may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement.
Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right of appeal to the City Manager. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that the City of Anaheim earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
18. RIGHT TO EMPLOY OTHER CONTRACTORS
The City of Anaheim reserves the right to employ other contractors in connection with the Project.
19. CONFLICTS OF INTEREST
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 any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participate in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by the City of Anaheim. Contractor shall indemnify and hold harmless the City of Anaheim for any and all claims for damages resulting from Contractor's violation of this Section.
20. NOTICES
All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by the City of Anaheim or Contractor to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to Anaheim:
With copies to:
If to Contractor:
City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
Air Support Lieutenant
Anaheim Police Department
425 S. Harbor Blvd.
Anaheim, CA 92805
FAX No. (714) 765-7914
HeliStream, Inc.
Attn. Rod Andersen
3000 Airway Avenue Suite 350
Costa Mesa, CA 92626
Phone: 714-662-3163
Fax: 714-662-1687
21. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, the City of Anaheim shall have the right, at its sole discretion and without cause, to terminate this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, the City of Anaheim shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to the City of Anaheim all reports, documents and other information developed or accumulated in the performance of this Agreement, whether in draft of final form.
22. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal laws and ordinances, whether now in force or hereinafter enacted.
In addition, all work prepared by Contractor shall conform to applicable county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and the City of Anaheim.
23. INCORPORATION OF FEDERAL REQUIREMENTS
Contractor shall comply with all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set forth in 2 CFR Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth in Exhibit "B" attached herein by reference. Notwithstanding, anything to the contrary herein, including without limitation, the language contained in Exhibit "B", the actual language contained in federal statutes, federal regulations, federally promulgated materials and state statutes, shall control in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement and Exhibit B hereto. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests, which would cause ANAHEIM and/or AUTHORITY to be in violation of the federal terms and conditions.
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24. DEBARMENT AND SUSPENSION
Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 "Debarment and Suspension". Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any work under this Agreement with a third party subcontractor who is debarred, suspended or otherwise excluded or ineligible for participation in Federal assistance programs under Executive Order 12549 (28 CFR Section 66.35, 28 CFR Part 67).
25. WAIVER
A waiver by either party of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or other term, covenant or condition herein, whether of the same or a different character.
26. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.
27. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments to this Agreement, the terms of this Agreement shall govern.
28. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the language used, and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.
29. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both Contractor and the City of Anaheim and approved as to form by the City Attorney.
30. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
BY
iIr aidedommmir.„...
There ae City CIO*
Date:
By:
Title:
31. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to this Agreement and/or any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
32. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment on the basis of race, religion, color, national origin, handicap, ancestry, sex, age, or any other prohibited basis.
January 12, 2022
Title: CEO
87045v.8
APPROVED AS TO FORM:
ANAHEIM CITY ATTORNEY'S OFFICE
Date:
By: 4
arbarYerr
EXHIBIT "A"
PRIVATE PILOT ROTORCRAFT HELICOPTER (ROBINSON R22)
Flight and Ground Training
30 hours Dual Instruction $345.00/hour
10 hours Solo Practice $270.00/hour
40 hours Ground Instruction $75.00/hour
$10,350.00
$2,700.00
$3,000.00
$16,050.00
Books and Training Aids
R22 Operator's Handbook $60.00
Basic Helicopter Handbook $19.50
FAR/AIM $20.75
Private Pilot Syllabus $17.25
R22 Checklist $6.85
Practical Test Standard $6.85
$131.20
Sales Tax $10.17
Total Books and Training Aids $141.37
Practical Test $850.00
Books, Study Material $141.37
Flight and Ground Training $16,050.00
Estimated Total: $17,041.37
It is important to note that the above flight and ground instruction hours are based on FAA minimum requirements, as well as past experience training students who have a similar background. There is a possibility that additional training may be necessary to assure required standards are met.
INSTRUMENT FLIGHT TRAINING (ROBINSON R22)
IFR Dual Instruction $380.00/hour
IFR Ground Instruction $85.00/hour
ADDITIONAL R22 TRAINING AFTER COMPLETION OF PRIVATE PILOT Dual Instruction $345.00/hour
EXHIBIT "A" (CONT'D)
AS350 EMERGENCY PROCEDURES TRAINING
Dual Instruction $2,300.00/hour
Ground Instruction $200.00/hour
NVG FLIGHT INSTRUCTION IN CUSTOMER OWNED AIRCRAFT
Dual Instruction $320.00/hour
Ground Instruction $210.00/hour
ROBINSON R44 TRAINING
Dual Instruction $605.00/hour
Ground Instruction $85.00/hour
CFI INITIAL TRAINING COURSE
Conducted in Customer Owned Aircraft
15 hours Dual Instruction
25 hours Ground Instruction
2 FAA Knowledge Exams
DPE Fee for Checkride
Textbooks and Training Aids
Estimated Total:
$320.00/hour
$100.00/hour
$165.00/each
$850.00/each
$4,800.00
$2,500.00
$330.00
$850.00
$100.00
$8,580.00
*If the full touch down auto portion of the checkride needs to be done in HeliStream Owned Aircraft, it will be billed at approximately 0.4 hours of flight at the hourly aircraft rate of $2,300 for AS350.
Prices valid January 1, 2022 — December 31, 2022
Exhibit B — Federal Regulations
a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Anaheim. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.
I. No Kickbacks - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti-Kickback" Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251 -1387), as applicable.
p. Ener sy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
cl. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment is:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services provided by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award.
For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant I A •
or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
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