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Agenda Item
ASR
Control 22-000720 |
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MEETING DATE: |
10/04/22 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
5 |
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SUBMITTING
Agency/Department: |
John Wayne Airport
(Approved) |
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Department contact
person(s): |
Charlene V. Reynolds (949) 252-5183 |
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Scott Hagen (949) 252-5241 |
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Subject: Approve Amendment Number
Eight for Aircraft Rescue and Fire Fighting Services
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$3,293,611 |
Annual Cost:
FY 2023-24 $5,929,128 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 10/17/2017
#28, 2/26/2013 #17, 11/20/2012 #35, 10/30/2012 #26, 11/22/2011 #19 |
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RECOMMENDED ACTION(S):
Authorize the County Procurement Officer or Deputized designee to execute Amendment Number Eight for Aircraft Rescue and Fire Fighting Services, to extend the Contract with the Orange County Fire Authority, effective December 1, 2022, through November 30, 2027, for a new total Contract amount not to exceed $31,091,284, and a revised cumulative total Contract amount not to exceed $122,041,469.
SUMMARY:
Approval of Amendment Number Eight with the Orange County Fire Authority will allow John Wayne Airport to provide continuous Aircraft Rescue and Fire Fighting services in the interest of public safety.
BACKGROUND INFORMATION:
In 2004, the Federal Aviation Administration (FAA) issued a revision to the federal airport certification regulation (Title 14, Code of Federal Regulations, Part 139 [14 CFR § Part 139]). Titled "Certification and Operations: Land Airports Serving Air Carriers," the regulation requires that commercial service airports, including John Wayne Airport (JWA), provide a required level of Aircraft Rescue and Firefighting (ARFF) protection. The level of ARFF equipment and fire extinguishing agents (Index) required is determined by the length of the longest air carrier aircraft that serves JWA with five or more daily departures. JWA is classified as an Index C airport by the FAA, which requires the following minimum rescue and firefighting equipment and agents:
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14 CFR § 139.317(c) Aircraft Rescue and firefighting: Equipment and agents: |
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Two or three vehicles— |
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(i) |
At least one vehicle carrying 500 pounds of sodium-based dry chemical, halon 1211, or clean agent or 450 pounds of potassium-based dry chemical and water with a commensurate quantity of Aqueous Film Forming Foam (AFFF) total 100 gallons for simultaneous dry chemical and AFFF application; |
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(ii) |
One or two vehicles carrying an amount of water and the commensurate quantity of AFFF, so the total quantity of water for foam production carried is at least 3,000 gallons. |
Using two frontline vehicles and one command vehicle, JWA exceeds FAA Index C requirements in terms of total gallons of water and extinguishing agents stored in the ARFF vehicle fleet. The ARFF vehicle fleet for JWA is depicted in Attachment C and includes quantities for water storage and extinguishing agent capacities for each vehicle. The frontline vehicles are identified as Crash 1, Crash 2 and Crash 3 (Crash 4 is a reserve vehicle and is only utilized when a frontline vehicle is out of service). The three frontline vehicles are staffed by six Orange County Fire Authority (OCFA) personnel per shift consisting of one Fire Captain, three Fire Fighters and two Fire Apparatus Engineers. There are three crew shifts for a total of 18 full-time OCFA personnel assigned to ARFF Fire Station 33 with equally-trained part-time OCFA ARFF members that ensure shift coverage. JWA and OCFA believe the equipment and personnel outlined above are anticipated to well serve JWA through the proposed amendment term.
ARFF services include: (i) firefighting and rescue services related to aircraft incidents; (ii) operation of JWA's 40-ton Link-Belt crane and an electric tug used for disabled aircraft removal; (iii) medical aid response on JWA property; (iv) fuel spill mitigation; (v) required quarterly tenant fueling agent inspections, (vi) Aircraft Refueler Fire Safety Training; and (vii) emergency planning and services delivery. In the event of a major aircraft accident, the OCFA provides supplemental emergency resources, as needed, under automatic and mutual aid agreements. Additionally, the OCFA provides maintenance services for JWA's ARFF vehicle fleet.
JWA's airfield is available for use 24 hours a day, 365 days per year. Although commercial operations are prohibited between the hours of 11:00 pm and 7:00 am (8:00 am on Sundays), the primary runway remains open for use by general aviation aircraft. ARFF Station 33 at JWA also provides overnight fire protection for several multi-million dollar commercial air carrier aircraft, approximately 400 general aviation aircraft, a commercial fuel farm that has the capacity to store over four million gallons of jet fuel, a 72,000-gallon east side fixed-based operator fuel farm and numerous aircraft refueling vehicles and support equipment that are based at JWA.
JWA owns all ARFF vehicles and equipment, as well as ARFF Fire Station 33.
Continuing Need
for Long-Term ARFF Services
The OCFA has been providing on-site ARFF services at JWA since the OCFA's inception in 1995. The former Orange County Fire Department provided these services prior to 1995. Prior to 2002, JWA and the OCFA operated under a Memorandum of Understanding (MOU). The adoption of a contract was requested by JWA in order to establish billing on an actual cost basis versus reliance on annual budget estimates under an MOU format.
The current term of JWA's agreement with the OCFA for ARFF services, as extended by Amendment Number Seven and approved by the Board of Supervisors (Board) on October 17, 2017, expires on November 30, 2022. JWA's past and current experience with the OCFA has been satisfactory and JWA recommends approval of Amendment Number Eight to extend the term through November 30, 2027. The proposed five-year extension to the term of the Contract will ensure continuity of ARFF program services at JWA, which are critical to public safety.
The Board has previously examined alternatives to ARFF services. On November 22, 2011, the Board approved Amendment Five to extend the Agreement until November 30, 2012, and directed JWA to assess the feasibility of: (1) operating an in-house program; and (2) contracting for ARFF services through an RFP process. On October 30, 2012, the Board directed JWA to release a Statement of Qualifications (SOQ) for ARFF services. OCFA was one of three qualified vendors that participated in the process, which resulted in the Board’s approval on November 20, 2012, of a five-year extension to the Agreement, through November 30, 2017. On February 26, 2013, JWA filed a report updating the Board with the results of the service alternative feasibility study that examined the merits of privatization of ARFF and the responses to the SOQ for contract services. Nevertheless, the Board took no further action and proceeded to utilize OCFA for ARFF services.
Given the long-term stability of JWA's agreement with OCFA for ARFF services and OCFA's willingness to maintain a four percent capitalization rate on annual contract cost increases and a stable contract overhead rate of 6.97 percent, the recommended term extension is within the flexibility afforded in the 2021 Contract Policy Manual (CPM) Section 3.3-105(1) titled Term of Contract which states, "The duration of a service contract will depend upon the County's need, prevailing market conditions, contract start-up costs, and the County's best economic interest." There are no changes being proposed to this service contract aside from the annual price adjustment. During the term of this proposed amendment, JWA will seek a longer-term agreement with OCFA unless then present conditions warrant a new solicitation. Accordingly, JWA seeks Board approval of the recommended five-year term for the Amendment under CPM Section 3.3, 105(3), which states, "In no case shall a service contract exceed five years in duration unless the contract is specifically approved by the Board of Supervisors, or is extended from the original contract term by one (1) year in accordance with Section 3.3-106 in this manual."
OCFA's Executive Committee approved proposed Amendment Number Eight on July 28, 2022.
The Contractor's performance has been confirmed as satisfactory. With respect to the three performance metrics identified in the current contract, OCFA has met the following criteria: (1) ARFF vehicle response time; (2) Removal of light general aviation aircraft that become disabled on a runway in two hours or less; and (3) ARFF member Mobile Crane Operator certification within 12 months of assignment to the ARFF program. JWA has verified there are no concerns that must be addressed with respect to Contractor's ownership/name, litigation status or conflicts with County interests.
The Orange County Preference Policy is not applicable to this Amendment.
The contract does not currently include subcontractors or pass through to other providers. See Attachment C for Contract Summary Form.
Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since it involves an amendment to an existing contract to provide continuous Aircraft Rescue and Fire Fighting services, resulting in no physical change to the environment. This proposed activity is therefore not subject to CEQA. Any individual, specific work authorized pursuant to this contract will be reviewed for compliance with CEQA.
FINANCIAL IMPACT:
Appropriations for this Contract are included in Fund 280, Airport Operating Fund, FY 2022-23 Budget and will be included in the budgeting process for future years.
The proposed Contract includes a provision stating that the Contract is subject to, and contingent upon, applicable budgetary appropriations being approved by the Board for each fiscal year during the term of the Contracts. If such appropriations are not approved, the Contract may be immediately terminated without penalty to the County.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Contract MA-280-CVPAS1000000270 Amendment
Number Eight to Contract with the Orange County Fire Authority
Attachment B – Redline Version of Previous Contract with the Orange County Fire
Authority
Attachment C – Contract Summary Form
Attachment D – Aircraft Rescue and Firefighting Vehicle List
Attachment E – FAR Part 139, Sections 315/317