TITLE
Recommendation to adopt resolution authorizing City Manager to execute an agreement and any amendments thereto with Brüel & Kjaer EMS Inc., a Delaware corporation, without advertising for bids for the Long Beach Airport Noise and Operations Monitoring System (ANOMS) in an amount not to exceed $813,000;
Authorize City Manager to execute any and all documents necessary for a Noise Office Services Agreement with Brüel & Kjaer EMS Inc., a Delaware corporation, for the maintenance, upgrade and support of the Long Beach Airport ANOMS for a period of approximately one year (with two additional one-year renewal options) at the initial annual base rate of approximately $213,464 plus a $50,000 contingency for additional services in an amount not to exceed $813,000 for the proposed three-year total term; and
Authorize City Manager to execute subsequent amendments to the Agreement to extend the term of such agreement, increase the maximum authorized amount, authorize additional services, if required, within the provisions of the agreement and adjust the fee schedules for inflation. (District 5)
DISCUSSION
The Long Beach Airport is required to monitor noise levels for aircraft operations for enforcement of the City's Airport Noise Compatibility Ordinance (LBMC Chapter 16.43). The Ordinance creates five user groups and sets allowable annual noise budgets for each group. The Airport is responsible for the administration and compilation of the annual noise budgets. Long Beach is the only airport in the United States that uses noise budgets to separate, track and enforce its noise rules and regulations.
In 1991, the Airport installed an Airport Noise and Operations Monitoring System (ANOMS) to assist in monitoring noise levels. Currently comprising a network of 18 noise monitors measuring noise levels and a radar system feed providing desktop and online aircraft flight track data, ANOMS enables the optimization of flight data accuracy and thoroughness for monitoring and compiling the Annual Noise Analysis Budget, the Los Angeles County Quarterly Reports, complaint investigations, community reports, aircraft noise mitigation procedures and noise violation enforcement.
On December 18, 2007, the City Council authorized the execution of an agreement with Lochard Corporation, predecessor in interest to Brüel & Kjaer EMS Inc., for the maintenance, upgrade and technical support of ANOMS. Concurrently, the City Council authorized the adoption of Resolution 07-0179 for the execution of the agreement without advertising for bids. The unique nature of ANOMS requires customized data collection processes and airport specific requirements for generating reports and storing historical data in customized databases that are developed and maintained only by the manufacturer. Due to the proprietary nature of the equipment, a competitive bid process is infeasible. Currently, there are only two manufacturers who provide this type of equipment and service.
The agreement will terminate on September 17, 2010. In order to continue technical service and support of ANOMS, staff has negotiated a Noise Office Services Agreement containing the following major terms and provisions:
· Customer: City of Long Beach, Long Beach Airport.
· Supplier: Brüel & Kjaer EMS Inc., a Delaware corporation.
· Term: Initial term of one year and twelve days, commencing September 18, 2010 through and including September 30, 2011.
· Options to Extend: The Agreement shall provide for two one-year options to extend the term.
· Service Fee: The annual service fee of $213,464 shall be composed of the following services:
ANOMS Maintenance and Support $152,824 annually
FAA Radar Data Subscription $ 22,086 annually
Flight Tracking Data Subscription $ 38,554 annually
· Service Fee Increases: Annual service fee increases shall be based on the annual Consumer Price Index (CPI) if and when an option to extend is exercised.
· Additional Services: Additional services are available from Brüel & Kjaer EMS Inc. for replacement, modification or enhancement of software and hardware. Costs for these additional services are outside of the Service Fee listed above and shall be determined based on a separate fee schedule. A contingency of $50,000 is included as an estimate for the initial term.
This letter was reviewed by Deputy City Attorney Richard F. Anthony on July 12, 2010, and Budget Management Officer Victoria Bell on July 14, 2010.
TIMING CONSIDERATIONS
City Council action is requested on August 10, 2010, in order to execute the Agreement in a timely fashion for continued maintenance of the Airport's ANOMS system.
FISCAL IMPACT
Utilizing an estimated annual CPI increase of 3.5 percent, the total Service Fee for the Agreement for the proposed three-year total term is approximately $663,000. Allowing for a $50,000 contingency per year for Additional Services provides for a total not to exceed amount of $813,000.
Annual payment for FY 11 of approximately $263,464 is budgeted in the Airport Fund (EF 320) in the Airport Department (AP). Funding for future years based on subsequent options to extend the term shall be included in the annual budgeting process for the Airport Fund. There is no impact to the General Fund and no impact to local jobs.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND ANY AMENDMENTS THERETO WITH BRUEL & KJAER EMS INC. WITHOUT ADVERTISING FOR BIDS FOR THE MAINTENANCE, UPGRADE AND SUPPORT OF THE LONG BEACH AIRPORT NOISE AND OPERATIONS MONITORING SYSTEM (ANOMS) IN AN AMOUNT NOT TO EXCEED $813,000
Respectfully Submitted,
MARIO RODRIGUEZ
DIRECTOR, LONG BEACH AIRPORT
APPROVED:
PATRICK H. WEST
CITY MANAGER