IFB_P2495023_Sample_Agreement.pdf

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

AGREEMENT NUMBER

SAMPLE P2495023

PURCHASING AUTHORITY NUMBER (If Applicable)

SCO ID: SAMPLE 3600-P2495023

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

California Department of Fish andWildlife (CDFW)

CONTRACTOR NAME

To Be Determined (TBD)

2. The term of this Agreement is:

START DATE

Upon California Department of General Services Approval

THROUGH END DATE

June 30, 2027

3. The maximum amount of this Agreement is:

$450,000.00 | Four Hundred Fifty Thousand Dollars and Zero Cents

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages

Exhibit A Scope of Work 15

Exhibit B Budget Detail and Payment Provisions 3

Exhibit C * General Terms and Conditions (GTC 02/2025) *

Exhibit D Additional Provisions 10

Items shownwith an asterisk (*), are hereby incorporated by reference andmadepart of this agreement as if attachedhereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources

INWITNESSWHEREOF, THIS AGREEMENTHASBEEN EXECUTEDBY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

To Be Determined

CONTRACTOR BUSINESS ADDRESS

To Be Determined

CITY

To Be Determined

STATE

TBD

ZIP

TBD

PRINTED NAME OF PERSON SIGNING

To Be Determined

TITLE

To Be Determined

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

California Department of Fish andWildlife

CONTRACTING AGENCY ADDRESS

P.O. Box 944209

CITY

Sacramento

STATE

CA

ZIP

94244

PRINTED NAME OF PERSON SIGNING

AmyMowrer

TITLE

Branch Chief - Business Management Branch

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable)

California Department of Fish and Wildlife Agreement Number: P2495023 Exhibit A – Scope of Work Contractor: To Be Determined (TBD)

(Version 05/2024)

1. Introduction of Services

The Contractor agrees to provide to the California Department of Fish and Wildlife (CDFW) helicopter rental services in accordance with the specifications, terms, and conditions contained herein.

2. Location of Services

The services will be performed at the Contractor’s business location:

To Be Determined Street Address City, State, Zip Code, County

3. Service Schedule

The services will be provided between standard business hours, except on holidays. The Contractor will be required to obtain agreement, in writing, from the CDFW Contract Manager for any changes to the service schedule.

4. Project Officials

CDFW Project Officials Contractor Project Officials Contract Manager Project Director Name: Michael Greenhill Name: To Be Determined (TBD) Phone: (805) 338-5584 Phone: TBD Email: Michael.Greenhill@wildlife.ca.gov Email: TBD Address: P.O. Box 944209 Address: TBD Sacramento, CA 94244-2090

Direct all inquiries to: Direct all inquiries to:

CDFW – Law Enforcement Division Name: Anthony Poindexter Name: TBD Address: P.O. Box 944209 Address: TBD

Sacramento, CA 94244-2090 Phone: (916) 247-7766 Phone: TBD Email: Anthony.Poindexter@wildlife.ca.gov Email: TBD

Either party may make changes to the Project Officials by giving written notice to the other party. Said changes will not require an amendment to this Agreement.

mailto:Michael.Greenhill@wildlife.ca.gov mailto:Anthony.Poindexter@wildlife.ca.gov

5. Scope of Work

A. Background and Objectives

The purpose of this rental agreement is for the Contractor to provide CDFW with the use of a helicopter on an as-needed basis. CDFW currently owns and operates one helicopter based in Tehama County, California. Due to the growing need, the department requires a contract to provide helicopter rental services in Ventura County, the location of the Southern California base of the Air Operations unit. CDFW Warden Pilots will operate the helicopters for law enforcement and biological and conservation survey work throughout the State of California. Law enforcement operations include investigations, air support during high-risk operations, transport of CDFW Game Wardens into remote areas, and search and rescue operations. Helicopters will also be used to support various biological surveys, scientific research, and conservation efforts throughout Southern California. The helicopter(s) are expected to be rented for a minimum of one hundred and fifty (150) hours per year.

B. Work to be Performed

1. Contractor’s Responsibilities and Tasks:

a. Maintenance

i. The Contractor will provide airworthy helicopters that meet Federal Aviation Administration (FAA) Part 91 standards and are in compliance with all applicable Airworthiness Directives (ADs). Helicopters must be maintained by mechanics with appropriate training and licenses.

ii. The Contractor will provide the aircraft in a fully fueled and serviced condition ready for flight operations.

b. Pilot Training and Currency

i. All CDFW pilots flying helicopters under this agreement must receive a check ride given by the Contractor’s Certified Flight Instructor (CFI) to be authorized to fly the helicopter. Once the CFI is satisfied with the CDFW pilot’s ability to fly the helicopter, the Contractor will release the helicopter rental to CDFW to utilize.

Each CDFW Warden Pilot’s performance will be determined by FAA Commercial Maneuvers Practical Test Standards.

ii. The Contractor must make CFIs available to CDFW Warden Pilots as requested by CDFW or required by Contractor’s insurance company or in-house rental policies.

iii. CFIs will be compensated at their normal hourly rate and paid from contract funds.

c. Facility and Record Access

i. The Contractor’s place of business must be available for inspection on request by CDFW.

ii. The Contractor’s logbooks and FAA certifications must be made available to CDFW for viewing and verification purposes, upon request by CDFW.

d. Contract Flight Time

i. One hundred and fifty (150) hours of flight time is an estimated minimum need for service per year, not a guaranteed number of hours to be requested. The Contractor will only bill for actual flight hours of helicopter use by CDFW, as requested by the CDFW Contract Manager.

ii. The State makes no commitment, oral or written, as to the dollar amount to be expended under this agreement; services under this agreement are as-needed.

e. Scheduling Helicopter Rental

i. CDFW Warden Pilots will request the use of helicopters via telephone, text message, or email. The Contractor must provide a helicopter with 48 hours’ notice. Requests of less than 48 hours’ notice will be fulfilled if possible. Requests will be made during standard business hours, and the Contractor must respond within 2 hours within standard business hours.

2. CDFW’s Responsibilities and Tasks:

a. CDFW will return the helicopter with the same amount of fuel as it contained when received from the Contractor.

b. CDFW will pick up the helicopter at the Contractor’s identified location of business at a mutually agreed time after each request for service has been placed. CDFW will return the helicopter to the Contractor’s identified location of business upon completion of each agreed upon helicopter rental period.

c. When CDFW utilizes a helicopter for a full day (or overnight), the minimum flight charge will be three (3) hours per day. Example: If the helicopter is taken for three (3) days and returns with only eight (8) hours on the Hobbs meter, the Contractor may charge for nine (9) hours (eight (8) flight and one

(1) hour standby). The Contractor’s Project Director may waive this charge by verbal agreement with the CDFW Contract Manager prior to any flight.

d. CDFW will not be responsible for loss or damage to rented equipment arising from causes beyond the control of the State. CDFW will only be responsible for repairs and liability for damage or loss from the negligent acts of CDFW or its officers, employees, or agents.

C. Schedule of Completion Dates

Activity Anticipated Due Date*

Provide CFI Check Rides

Within one month of contract execution

Or In compliance with Contractor’s rental policies and insurance requirements

Coordinate Rental Logistics Contractor must provide a helicopter within 48 hours of CDFW request.

Contractor must respond to CDFW requests within 2 hours during standard business hours

Prepare Helicopters for Pick-Up Contractor will provide helicopter at predetermined, mutually agreed upon time

Accept Returned Helicopters

Contractor will accept the returned helicopter at the agreed upon time

*Changes to due dates must be agreed upon in writing by the Contractor and CDFW Contract Manager. Due dates must fall within the term of the contract.

6. Contractor Minimum Qualifications and Requirements

A. General Requirements

1. Conditions

The Contractor and/or their personnel must possess all required Federal, State, or local licenses, certificates, and permits, and must comply with all applicable laws, rules, and regulations.

In the event of the Contractor's failure to perform the work described in this agreement, CDFW will prepare a written record of each nonperformance with a full description of the details. The record of the incident will be signed by the Contractor or his/her designated representative and kept on file with the CDFW Contract Manager. Failure to perform may include, but is not limited to: (1) failure to have the helicopter, personnel, and related equipment, serviced and ready for flight by the specified date of a mission; or (2) inadequate helicopter performance.

2. Contractor Certifications and Minimum Requirements

a. The Contractor must have a facility where helicopters are stored, maintenance and instruction are provided, and helicopters are rented. The Contractor must be located within 25 nautical miles of CDFW Air Unit’s Southern California base at Camarillo Airport (KCMA): 375 Durley Avenue, Camarillo, California, 93010.

b. The Contractor must possess FAA Title 14 Code of Federal Regulations (CFR) Part 91 Air Carrier Certificate.

c. The Contractor must possess helicopter airworthiness certificates for all helicopters in operation.

d. The Contractor’s mechanical staff must possess FAA-issued airframe and power plant mechanics’ licenses and manufacturer maintenance training certificates.

e. The Contractor must maintain on staff at least one FAA-licensed Certified Flight Instructor.

All required certifications, permits, and licenses must be actively maintained for the duration of the agreement. Any lapse may result in the termination of this agreement.

3. Order of Precedence (Specifications)

In the event of inconsistencies within the technical specification, the following order will be used in such resolution: (a) typed provisions of these specifications in the form of an official amendment to this agreement; (b) 14 CFR incorporated by this reference; (c) aircraft manufacturer’s specifications; and (d) other documents incorporated by reference.

B. Equipment Requirements

1. Condition of Equipment

The Contractor-furnished helicopter(s), and all other required equipment must be operable, free of damage, and in good repair throughout the term of the contract while performing work under this contract. Aircraft systems and components must be free of leaks, except where specified by the manufacturer.

Prior to commencing any work under this contract, the Contractor must permanently repair or replace any windows or windshields that have been temporarily repaired. All windows or windshields must always be maintained and clean and free of scratches, cracks, crazing, distortion, repairs, or tinting which hinder visibility.

The aircraft interior must be clean and neat with no unrepaired tears, rips, or other damage. The exterior finish, including the paint, must be clean, neat, and free of dirt, dust or debris which could result in hazardous flight conditions. Any corrosion must be within the manufacturer or FAA acceptable limits.

Military or other similar low visibility paint schemes are unacceptable. The CDFW Contract Manager may approve high visibility enhancements.

CDFW does not have responsibility for loss or damage to equipment arising from causes beyond the control of the CDFW.

2. Aircraft and Equipment Requirements

a. The helicopters provided for rental must meet the following specifications:

Turbine-powered helicopters provided:

i. Must have six (6) seats minimum

ii. Must have an empty weight not less than two thousand five hundred

(2,500) pounds

iii. Must have an upper range of at least three hundred (300) nautical miles

iv. Must have at least one turbine engine of at least seven hundred (700) horsepower

v. Must have a maximum operating altitude of at least fourteen thousand

(14,000) feet

vi. Must have air conditioning

b. The Contractor must provide throughout the entire term of the agreement, as requested by the CDFW Contract Manager, at least one (1) fully compliant helicopter that is equipped as follows:

• A full complement of functioning instruments applicable to the helicopter supplied and approved by FAA for day and night visual flight rules (VFR) flight operations under FAR Part 91.

• A digital hour flight meter installed. The meter will be wired in series with a switch on the collective pitch control and a switch activated by engine or transmission oil pressure, or an equivalent system, to record flight time only.

• Flight crew (Pilot and passengers) restraint systems.

• One set of individual lap belts for each installed seat.

• A shoulder harness, either single-strap or double-strap, for each aft cabin occupant. Shoulder harness straps and lap belts must fasten with a single-point, metal-to-metal, quick-release mechanism.

• Shoulder harnesses and lap belts showing signs of wear, deterioration, aging or damage are unacceptable and must be repaired or replaced prior to initiating any work under this contract. The following are conditions which are unacceptable:

o Webbing showing any of the following conditions: (a) frayed (5 percent or more); (b) torn; (c) crushed; (d) swelling (twice the thickness of original web or if difficult to operate through hardware); (e) creased (no structural damage allowed); or (f) sun deterioration (severe fading, brittleness, discoloration, or stiffness).

o Hardware showing any of the following conditions: (a) inoperable buckle or other hardware; (b) nylon bushing at shoulder-harness-to-lap-belt connection (missing or damaged); (c) fabricated bushings or tie wraps used as bushings; (d) rust/corrosion (only minor surface rust/corrosion allowed); or (e) wear beyond normal use.

o Stitches/stitching showing any of the following conditions: (a) broken or missing; (b) severe fading or discoloring; or (c) inconsistent pattern.

o TSO Tags (Technical Standard Order; see 14 CFR 21.607) either: (a) missing or; (b) illegible.

• Belts and fabric over 10 years old from date of manufacture must be closely inspected for possible damage from exposure to the elements, but do not have to be replaced if they can be determined to be in serviceable condition.

• Fire extinguisher(s), as required by FAR Part 91, must be a handheld bottle, minimum 2-B:C rating, mounted in accordance with applicable FARs and accessible to the flight crew while seated.

• Aircraft lighting for night operation must be in accordance with 14 CFR 91.205(c); including instrument lights.

• One or more independently switched white or white and red strobe lights mounted on top of the helicopter or otherwise visible from above.

• Aircraft must have high visibility, pulsating, forward facing, conspicuity lighting.

• Aircraft must have high visibility alternating color markings on main rotor blades.

• Aircraft must have high skid-type landing gear or landing gear leg extensions, if manufactured for make and model.

• Cargo restraint system for aircraft manufactured with a parcel/storage area behind the rear passenger seats.

3. Avionic Requirements

Any helicopter or equipment offered for service by the Contractor under this agreement must always meet the following minimum avionics requirements:

• All avionics systems used in or on any aircraft must be furnished, installed, and maintained by the Contractor in accordance with all manufacturers’ specifications and applicable 14 CFR requirements.

• Labeling and marking of all avionics controls and equipment must be clear, understandable, legible, and permanent. Electronic label maker marking is acceptable.

• Avionics equipment mounting location and installation must not interfere with passenger safety, space, and comfort. Avionics equipment will not be mounted under seats designed for energy attenuation. In all instances, the designated areas for collapse will be protected.

• Power to all avionics systems must be enabled or disabled by an appropriately labeled avionics master switch.

4. Avionics Installation and Maintenance Standards

Strict adherence to the recommendations in the following FAA Advisory Circulars (AC) is required: AC 43.13-1B Chapter 11, "Aircraft Electrical Systems," and Chapter 12, "Aircraft Avionics Systems"; and AC 43.13-2A Chapter 1, "Structural Data," Chapter 2, "Radio Installation," and Chapter 3, "Antenna Installation".

5. Communications Systems

Emergency Locator Transmitter (ELT) – Contractor will furnish one (1) automatic-portable/automatic-fixed or automatic-fixed ELT certified to either Technical Standard Order (TSO)-C91a or TSO-C126, utilizing an external antenna and meeting the same requirements as those detailed for airplanes in 14 CFR 91.207 (excluding 14 CFR 91.207f) and installed per the manufacturer’s installation manual, in a conspicuous or marked location. ELTs certified under TSO-91 are not

One panel mounted VHF/AM (VHF-1) aeronautical transceiver with a minimum of 760 channels operating in the 118.000 MHz to 136.975 MHz band. It must have channels selectable in no greater than 25 kHz increments and a minimum of five watts carrier output power. The transceiver’s operational controls must be mounted so they are readily visible and accessible to the pilot.

6. Air Traffic Control (ATC) Transponder

The Contractor will furnish one installed in aircraft ATC (Air Traffic Control) transponder and altitude reporting system meeting the requirements of 14 CFR 91.215(a)(b) and tested and inspected per 14 CFR 91.413.

7. Audio Systems

A single audio control system for the pilot and/or observer/copilot to select receiver audio outputs and transmitter microphone push-to-talk (PTT) audio inputs for all standard radios and public address (PA) systems. The system must provide controls for independent adjustment of the intercommunications system (ICS) and the receiver audio output levels.

Transmitter selection and operation: A transmitter selection control must be provided for the pilot’s and observer/copilot’s microphone/PTT inputs. Whenever a transmitter is selected, the companion receiver audio must automatically be selected for the corresponding earphone. Transmitter sidetone audio must be provided for the user(s).

Receiver selection and operation: Controls must be provided for selection of audio from one or any combination of available receivers. Any additional ICS-equipped passenger positions must monitor the receiver(s) as selected. The receiver audio output must be free of excessive distortion, hum, noise, and crosstalk, and must be amplified sufficiently to facilitate ease of use in a noisy cockpit/cabin environment.

The audio system(s) controls must be located and arranged so that both pilot and observer/copilot, when seated, have full movement of their respective controls without interference from their clothing, the cockpit structure, or the flight controls.

Labeling and marking of controls must be clear, understandable, legible, and permanent. Electronic label maker marking is acceptable.

An ICS must be provided for the pilot, observer/copilot, and any/all other crewmember positions. ICS audio must mix with, but not mute, selected receiver audio. An ICS audio level control must be provided for each position above.

Adjustment of the ICS audio level at any position must not affect the level at any other position. A “hot mic” capability, controlled via an activation switch (voice activation [VOX] is not acceptable), must be provided for the pilot and observer/copilot positions. ICS sidetone audio must be provided for the earphones corresponding with the microphone in use. The ICS audio output must be free of excessive distortion, hum, noise, and crosstalk and must be amplified sufficiently to facilitate ease of use in a noisy cockpit/cabin environment.

Earphones, microphones, PTT’s, and jacks designed for operation with 600-ohm earphones and carbon-equivalent, noise-canceling boom type microphones (Gentex electret type model 5060-2, military dynamic type M-87/AIC with type CE- 100 TR preamplifier, or equivalent) with U-174/U (single/male) type connector plug.

The pilot position may only be configured for low impedance (dynamic) operation.

All earphone/microphone jacks in the aircraft (except the pilot’s) must be U-92A/U (single/female) type, which will accept U-174/U plugs.

C. Personnel and Maintenance Requirements

1. Mechanic Requirements and Qualifications

The Contractor must utilize an FAA certified mechanic to maintain, service, repair, and inspect any aircraft offered for service under this agreement. All aircraft must be maintained pursuant to FAA regulations.

The mechanic must maintain the aircraft in accordance with the Contractor’s FAA approved Maintenance Program.

The mechanic must have satisfactorily completed a manufacturer's maintenance course or an equivalent for the make and model of helicopter offered.

2. Aircraft Maintenance Requirements

a. General – Maintenance

The Contractor must ensure that the aircraft and all required equipment are operated and maintained in accordance with the manufacturer’s specifications.

b. Manufacturer’s Mandatory Service Bulletins (MMSBs)

The Contractor must maintain and make available a list of ADs and FAA ADs applicable to the aircraft used under this contract in a format similar to that in AD 43-9C, as revised.

c. Manuals and Records

Prior to the initiation of any work under this agreement, the Contractor must ensure that all maintenance deficiencies have been corrected or deferred in accordance with the operator’s accepted/approved maintenance program.

Deferred discrepancies will be evaluated, and the aircraft approved for use under this contract on a case-by-case basis. In accordance with the appropriate Federal Aviation Regulations (FAR) or the approved maintenance program, the Contractor must correct deficiencies that occur during performance under this contract.

d. Maintenance

All maintenance, including inspection, rebuilding, alteration, and installation must be accomplished by a person authorized to perform maintenance in accordance with 14 CFR Part 43.

The Contractor must ensure that a mechanic who meets the qualification requirements under this contract inspects the helicopter(s) in accordance with the procedures outlined in the operator’s FAA-approved/accepted maintenance program. Aircraft time-in-service must be recorded.

Routine maintenance must be performed before or after the daily use.

e. Maintenance Test Flight

The Contractor must, at their own expense, perform a functional maintenance check flight following installation, overhaul, major repair, or replacement of any engine, power train, rotor system, flight control system, or when requested by the CDFW Contract Manager. This must be accomplished before the aircraft resumes service under this contract.

The Contractor must immediately notify the CDFW Contract Manager of any change to any engine, power train, flight control or major airframe component or of any major repair following an incident or accident and must describe the circumstances involved before resuming flight missions under this contract.

f. Time Between Overhaul (TBO) and Life-Limited Parts

All components, including engines, must be replaced upon reaching the factory-recommended Time Between Overhaul (TBO) or FAA-approved extension. Life-limited parts must be replaced at the specified time-in-service hours or cycles.

Aircraft operated with components or accessories on approved TBO extension programs are acceptable provided: 1) the Contractor is the holder of the approved extension authorization (not the owner if the aircraft is leased); and 2) the Contractor operates in accordance with the extension authorization.

The Contractor will maintain a list of all items installed on the aircraft that are required to be overhauled or replaced on a specified time basis. This list must include the component’s name, part number, serial number, total time, service life (or inspection/overhaul time interval), and time and date when component was overhauled, replaced, or inspected. The Contractor will provide this list at the request of the CDFW Contract Manager.

g. Weight and Balance

The aircraft's required weight and balance data must be determined by actual weighing of the aircraft following any major repair or major alteration or change to the equipment list which significantly affects the center of gravity of the aircraft.

The Contractor must compile a list of equipment installed in the aircraft at the time of weighing. Each page of the equipment list must identify the specific aircraft by its serial and registration numbers and must be dated to indicate the last date of weighing or computation. Items which may be easily removed or installed for aircraft configuration changes (seats, doors, radios, cargo hook, baskets, special mission equipment, etc.) must also be listed including the name, the weight and arm of each item. The weight and balance must be revised each time new equipment is installed or old equipment is removed.

Weight and balance procedures under 14 CFR Parts 23.29 and 23.1589 are

D. Administrative Specifications

1. Contractor Inspection

Prior to initiating any project work, an inspection of the Contractor's proposed and accepted aircraft, equipment and personnel may be made by the CDFW Contract Manager or other designated personnel to assure compliance with the requirements of this contract. Any inspection(s) will be requested in advance of scheduled work and may be accomplished when the Contractor is in the operating vicinity, or prior to the Contractor initiating work on a planned project. The inspection may be conducted at the Contractor's facility or other location acceptable to CDFW. The CDFW Contract Manager will attempt to schedule any inspection at a mutually agreeable time and confirm the time and date in writing.

Any deficiencies found on the aircraft, equipment, or personnel during an inspection must be corrected by the Contractor, before initiating any CDFW project flights. Deficiencies must be corrected, with appropriate logbook entries and written notification submitted to the CDFW Contract Manager prior to initiating or continuing project flights. If correction measures are beyond the Contractor’s control to get parts, services or supplies with a reasonable specified timeframe, the CDFW Contract Manager may extend the deadline depending on the nature and extent of the deficiency. If failure to adequately meet the term of this deadline occurs, the CDFW Contract Manager will determine the course of action to be taken.

At the request of the CDFW Contract Manager, the Contractor will make available any pilot or aircraft logbooks, aircraft equipment lists, or maintenance records pertinent to any equipment, aircraft or personnel offered for service under this contract.

2. Personnel

Only those individuals whose experience can be verified from reference documentation submitted with bids, logbooks, employment records, etc. will be considered for use on this contract.

3. Substitution

Substitution by the Contractor of any aircraft, or equipment for use on this contract will only be permitted provided the Contractor has: a) submitted the qualifying documentation with the original bid package and been approved for use under the contract; or b) submitted the qualifying documentation and received approval from the CDFW Contract Manager prior to being placed in service under this contract.

4. Safety and Accident Prevention

The Contractor will submit a copy of all reports required by the Federal Aviation Regulations that relate to maintenance personnel performance, aircraft airworthiness or operations to the CDFW Contract Manager upon request.

Examples of these reports are shown in paragraphs 14 CFR Part 91.415 Mechanical Reliability Reports and Part 91.417 Mechanical Interruption Summary Reports required of the Federal Aviation Regulations, 49 CFR Part 830.5 and 49 CFR 830.15, and FAA Form 8010-4, Malfunction or Defect Report.

Examples of such programs are 1) personnel activities, 2) maintenance, 3) safety and 4) compliance with regulations.

5. Mishaps

Definitions - As used throughout this contract, the following terms will have the meaning set forth below:

Aircraft Accident. See 49 CFR Part 830.

Airspace Conflict. A near mid-air collision, intrusion, or violation of airspace rules.

Aviation Hazard. Any condition, act, or set of circumstances that exposes an individual to unnecessary risk or harm during aviation operations.

Fatal Injury. See 49 CFR Part 830.

Incident. See 49 CFR Part 830.

Incident with Potential. An incident that narrowly misses being an accident, and in which the circumstances indicate a significant potential for substantial damage or serious injury existed.

Maintenance Deficiency. An equipment defect or failure, which affects or could affect the safety of operations, or that causes an interruption to the services being performed.

Operator. See 49 CFR Part 830.

Serious Injury. See 49 CFR Part 830.

Substantial Damage. See 49 CFR Part 830.

6. Mishap Reporting

A CDFW Air Services representative will immediately, and by the most expeditious means available, notify the nearest NTSB regional office, and the CDFW Contract Manager and appropriate Project Leader when an "Aircraft Accident" or NTSB Reportable “Incident” occurs.

The CDFW Contract Manager and appropriate Project Leader will immediately be notified when an "Incident with Potential" occurs.

7. Mishap Investigations

The Contractor must maintain an accurate record of all aircraft accidents, incidents, aviation hazards and injuries to Contractor or CDFW personnel arising in the course of performance under this contract.

Costs Related to Investigation – The NTSB or CDFW will determine their individual agency investigation cost responsibility. The Contractor will be fully responsible for any cost associated with the reassembly, approval for return-to-service, and return transportation of any items disassembled by the NTSB or CDFW.

Rescue and Salvage Responsibilities – The cost of search, rescue and salvage operations made necessary due to causes other than negligent acts of CDFW employee will be the responsibility of the Contractor.

7. Insurance Requirements

The Contractor will be required to maintain the following insurance coverage throughout the duration of this agreement and must supply proof of coverage upon request by CDFW.

Insurance must be in accordance with the Exhibit D CDFW Additional Provisions.

A. Commercial General Liability (limits not less than $1,000,000 per occurrence with a $2,000,000 annual policy aggregate)

B. Aircraft Liability (limits not less than $10,000,000 each accident)

C. Hangar Keepers Liability (limits not less than $1,000,000 per occurrence)

D. Workers Compensation and Employers Liability (limits of $1,000,000 are required.

The waiver of subrogation endorsement must also be provided).

The above policies must each be endorsed to include “the State of California, its officers, agents and employees as additional insured but only with respect to work performed under the Contract”.

Exhibit B – Budget Detail and Payment Provisions Contractor: To Be Determined (TBD)

(Version 01/2024)

1. INVOICING AND PAYMENT

A. For services satisfactorily rendered, and upon receipt and approval of the invoice(s), the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein.

B. The Contractor will be paid no more frequently than monthly in arrears, upon submission of an invoice, which properly details all charges, expenses, direct and indirect costs.

Invoices must be submitted to:

Contract Manager: Michael Greenhill CDFW Region / Division: Headquarters (HQ)/Law Enforcement Division (LED) Email: Michael.Greenhill@wildlife.ca.gov

C. The invoice will be forwarded to the California Department of Fish and Wildlife (CDFW)

Accounting Claims Section by the CDFW Contract Manager. Payment of any invoice will be made only after receipt of a complete, supported, documented, and accurately addressed invoice. All invoices must be approved by the Contract Manager.

D. The invoice must contain the following information:

1. The word “Invoice” in a prominent location at the top of the page(s)

2. Printed name of the Contractor

3. Business address of the Contractor including P.O. Box, City, State, and Zip Code

4. Name of the CDFW Region/Division being billed (see section 1.B. above)

5. The date of the invoice and the time period covered

6. The agreement number upon which the claim is based

7. An itemized account of the services for which the CDFW is being billed. Include all of the following:

a. The time period covered by the invoice, i.e., the term “from” and “to”

b. A description of the services performed

c. The method of computing the amount due based on a line item budget/cost reimbursement method. Payments will be made by the State to the Contractor, in arrears, upon receipt of an itemized invoice showing the time period covered and the work items accomplished. The invoice must be itemized using the categories and following the format of the attached budget.

d. The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or mailto:Michael.Greenhill@wildlife.ca.gov computations appearing on the invoice; the total amount due must include all costs incurred by the Contractor under the terms of this agreement; and

e. The original or verified electronic signature of the Contractor (not required of established firms or entities using preprinted letterhead invoices).

8. The Contractor agrees to accept payment only in the form of a warrant issued by the California State Controller’s Office (SCO). No other payment method will be made in the payment of these invoices.

2. CONTRACT WRITTEN PRIOR TO APPROVAL OF THE BUDGET ACT

A. It is mutually understood between the parties that this Agreement may have been written prior to approval of the Budget Act for the mutual benefit of both parties in order to avoid program and fiscal delays.

B. This Agreement is valid and enforceable only if sufficient funds are made available by the Budget Act for the Fiscal Year(s) involved for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget Bill or any statute enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner.

C. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement will be of no further force and effect. In this event, the State will have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor will not be obligated to perform any additional provisions of this Agreement.

D. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State will have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to the Contractor to reflect the reduced amount.

3. ADVANCE PAYMENTS, ASSEMBLY BILL 590

A. Advanced payments (not exceeding 25% of contract amount) may be authorized by the State to community based private nonprofit agencies that satisfy the minimum requirements outlined in Government Code 11019.3 (c)(2)(A)(i-viii).

B. The private nonprofit agency must demonstrate status in good standing under Section 501(c)(3) of the Internal Revenue Code, provide supporting documentation, and receive approval from the CDFW Contract Manager.

C. Advanced payment funds must be deposited into a federally insured account in the Contractor’s name that provides the ability to track interest earned and withdrawals. Any accumulated interest will be deemed to be contract money and subject to federal and state laws and regulations.

https://casetext.com/statute/california-codes/california-government-code/title-2-government-of-the-state-of-california/division-3-executive-department/part-1-state-departments-and-agencies/chapter-1-state-agencies/article-1-general/section-110193-effective-112024-expansion-of-existing-advance-payment-practices-for-state-grants-and-contracts-with-nonprofits

D. The Contractor must provide progress reports on the expenditure of advanced funds (no less than quarterly) that include a summary of the work to be completed, proof of expenditure, and other associated information determined by the CDFW Contract Manager.

E. Funding provided as advance payment but not expended within the contract period must be returned to CDFW.

4. PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified in Government Code Chapter 4.5, commencing with Section 927.

5. TIMELY SUBMISSION OF FINAL INVOICE

A final undisputed invoice must be submitted for payment no more than thirty (30) calendar days following the expiration or termination date of this Agreement, unless a later or alternate deadline is agreed to in writing by the Contract Manager. Said invoice should be clearly marked “Final Invoice,” thus indicating that all payment obligations of CDFW under this Agreement have ceased and that no further payments are due or outstanding.

6. LINE-ITEM BUDGET

The Contractor will provide to CDFW helicopter rentals in accordance with the specifications, terms, and conditions contained herein, at the unit rates noted below. Rates include all Contractor costs including but not limited to labor, shipping, transportation, taxes, travel, parking and all other expenses necessary under the performance of this contract.

The Contractor will be reimbursed for actual services rendered as requested and approved by the CDFW Contract Manager. The Contractor will be reimbursed at the unit rates identified below to a total cost that must not exceed Four Hundred Fifty Thousand Dollars and No Cents ($450,000.00).

Helicopter Rental Cost per Hour

Turbine-powered Helicopter $To Be Determined Certified Flight Instructor (for training) $To Be Determined

Total Amount of Agreement Must Not Exceed $450,000.00

California Department of Fish and Wildlife Page 1 of 10 Exhibit D – Additional Provisions (Rev 02/2025)

1. LICENSES AND PERMITS (If Applicable) ~ The Contractor must be an individual or firm licensed to do business in California and must obtain, at his/her expense, all licenses and permits required by law for accomplishing any work required in connection with this Agreement.

If you are a Contractor located within the State of California, a business license from the City/County in which you are headquartered is necessary; however, if you are a corporation, a copy of your incorporation documents/letters from the Secretary of State’s Office can be submitted.

If you are a Contractor outside the State of California, you will need to submit to CDFW, a copy of your business license or incorporation papers for your respective State showing that your company is in good standing in that State.

In the event any licenses and/or permits expire at any time during the term of this Agreement, Contractor agrees to provide the California Department of Fish and Wildlife (CDFW) a copy of the renewed licenses and/or permits within thirty (30) days following the expiration date. In the event the Contractor fails to keep all required licenses and permits current, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.

2. RIGHTS IN DATA ~ The Contractor agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Agreement, are subject to the rights of the State as set forth in this section.

The State will have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the State reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so.

3. RIGHT TO TERMINATE ~ CDFW reserves the right to terminate this agreement subject to 30 days written notice to the Contractor. Contractor may submit a written request to terminate this agreement only if the State should substantially fail to perform its responsibilities as provided herein.

However, the agreement can be immediately terminated for cause. The term “for cause” will mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the contract. In this instance, the contract termination will be effective as of the date indicated on the State’s notification to the Contractor.

This agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or State’s premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service.

4. SETTLEMENT OF DISPUTES ~ Unless otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which cannot be resolved informally, will be decided by the following two (2) step procedure:

a. The Contractor must provide written notice of the particulars of such disputes to the CDFW Contract Manager or appointed representative. The CDFW Contract Manager must respond, in writing, within ten (10) working days of receipt of the written notice of dispute.

California Department of Fish and Wildlife Page 2 of 10

(Rev 02/2025)

Should the Contractor disagree with the CDFW Contract Manager’s decision, the Contractor may appeal to the second level. Pending the decision on appeal, the Contractor must proceed diligently with the performance of this Agreement in accordance with the CDFW Contract Manager’s decision.

b. The second level appeal must indicate why the CDFW Contract Manager’s decision is unacceptable, attaching it to the Contractor’s original statement of the dispute with supporting documents, and a copy of the CDFW Contract Manager’s response. This letter of appeal must be sent to the California Department of Fish and Wildlife, Deputy Director, or duly appointed representative. The second level appeal must be filed within fifteen (15) working days upon receipt of the CDFW Contract Manager’s decision. Failure to submit an appeal within the period specified will constitute a waiver of all such rights to an adjustment of this Agreement. The Deputy Director, or designee, will meet with the Contractor to review the issues raised. A written decision signed by the Deputy Director or designee, will be returned to the Contractor within fifteen (15) working days of the receipt of the appeal. The decision of the Deputy Director, or designee, will be final.

5. PROPERTY ACQUISITIONS ~ Property, as used in this section must include:

a. Equipment – Tangible property (including furniture) with a unit cost of $5,000.00 or more, and a useful life of four (4) years or more. Actual costs include the purchase price plus all costs to acquire, install and prepare the equipment for its intended use.

b. Furniture – Standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc., with a unit cost of less than $5,000.00.

c. Portable Assets – Items considered ‘highly desirable’ because of their portability and value, e.g., calculators, laptops, tablets, mobile phones, flash drives, cameras, and microscopes, etc. (excludes all hardware, software, data processing systems).

d. Electronic Data Processing (EDP) Equipment – All computerized and auxiliary automated information handling including system design and analysis, conversion of data, computer programming, information storage and retrieval, voice, video, and data communications, requisite system controls, simulation and all related interactions between people and machines.

The Contractor may purchase property under this Agreement only if specified in Exhibit B titled ‘Budget Detail and Payment Provisions’. Any property purchased by the Contractor, with funds provided under this Agreement, will be the property of the State during the customary depreciable life thereof. The Contractor must promptly report any such purchase to the CDFW Contract Manager. Should this Agreement be terminated for any reason, or upon expiration and failure to negotiate hereof, all such property will be returned to the State within the timeframe negotiated between the Contractor and the State. Prior written authorization by the CDFW Contract Manager will be required before the Contractor will be reimbursed for any property purchases not specified in the Line-Item Budget. The Contractor will provide to the CDFW Contract Manager, all particulars regarding the necessity for such property and the reasonableness of the cost.

California Department of Fish and Wildlife Page 3 of 10

(Rev 02/2025)

Before property purchases made by the Contractor are reimbursed by CDFW, the Contractor must provide the following:

1. paid vendor receipts identifying the Agreement number,

2. purchase date,

3. purchase price,

4. description of the item,

5. serial number,

6. model number, and

7. location, including street address where property will be used during the term of this

Agreement.

Paid receipts must be attached to Contractors’ invoices. The Contractor must keep adequate and appropriate records of all property purchased with Agreement funds and at the time of purchase, prepare a Property Purchased with State Funds report and submit one (1) copy to the CDFW Contract Manager and one (1) copy must be retained by the Contractor.

CDFW reserves the right, at any time, to evaluate the cost of property and reimburse at an amount equal to costs reflected in but not limited to Agreements the State Department of General Services, Procurement Division has negotiated with vendors who supply the same type of property. The Contractor must tag all acquired assets. The purpose of tagging assets is to designate the assets as belonging to the State.

Upon termination, expiration or failure to negotiate renewal of this Agreement, all property purchased with Agreement funds must promptly be returned to the State. The Contractor will prepare an inventory of State Furnished Property report and submit to the State and will at that time query the CDFW Contract Manager as to the State’s requirements, including the manner and method, in returning said property to the State. Final disposition of such property will be at State expense in accordance with instructions from the CDFW Contract Manager to be issued immediately after receipt of the final inventory.

6. LOST, STOLEN or DESTROYED PROPERTY ~ The Contractor must immediately report the loss, theft, or destruction to the local law enforcement agency (or the California Highway Patrol {CHP} if the crime occurs on either state-owned or state leased property) and to the CDFW Contract Manager and prepare a Property Survey Report.

In the case of stolen property, the Contractor must also complete a CHP Report of Crime on State Property (STD 99) form and obtain a copy of the law enforcement agency’s report to submit to the CDFW Contract Manager. The Contractor will adjust their property records and retain a copy of the Property Survey Report as documentation.

Losses of State property due to fraud or embezzlement must be reported in the same manner as described above. The Contractor will be charged with any loss and damages to State property due to the Contractor’s negligence. The Contractor will, at the request of the State, submit an inventory of property furnished or purchased under the terms of this Agreement. Such inventory will be required not more frequently than annually.

7. INCOME RESTRICTIONS ~ The Contractor agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Contractor under this

California Department of Fish and Wildlife Page 4 of 10

(Rev 02/2025)

Agreement will be paid by the Contractor to CDFW, to the extent that they are properly allocable to costs for which the Contractor has been reimbursed by CDFW under this Agreement.

8. CONFIDENTIALITY OF DATA ~ The Contractor must protect from disclosure all information made available by CDFW. The Contractor will not be required to keep confidential any data or information which is publicly available, independently developed by the Contractor, or lawfully obtained from third parties. Written consent of CDFW must be obtained prior to disclosing information under this Agreement.

9. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENTS

~ The Contractor agrees to use DVBE subcontractors or suppliers originally identified by the Contractor, unless the Contractor requests substitution, in writing beforehand to the CDFW Contract Manager and the CDFW Contract Manager has approved such substitution. At a minimum, the request must include:

a. A written explanation…