HomeMy WebLinkAboutContract 47737 � DECEIVED `Q b�! Helicopter
IN VAY —6 3M A Textron Company
T �
I# "'Fort Worth, TX 76101
t 4 CONTRACT NO.:JIM
May 5, 2016
Jesus J. Chapa, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: Use of Commerce Street Garage located at 1301 Commerce Street, Fort Worth, Texas 76102
for Helicopter Landing
Dear Mr. Chapa:
On behalf of the Fort Worth Hispanic Chamber of Commerce (FWHCC), Bell Helicopter Textron Inc.
("Bell") is requesting to land its Bell 407 helicopter on the top level of the City of Fort Worth ("City")
parking garage known as the Commerce Street Garage located at 1301 Commerce Street ("Parking
Lot") to drop off four individuals this Friday, May 6, 2016, scheduled between 3:30 PM and 6:30 PM
Central Standard Time. We have evaluated all potential landing zones in the immediate area and have
identified this as the most suitable location. Bell will use the Parking Lot during this time for drop off
only, and no pick up of these individuals is required.
Pursuant to conversations with City Parking Manager Peter Elliott, we have coordinated and agree to
the following provisions:
(1) FWHCC will ensure the City receives payment in an amount of two hundred dollars
($200.00) for the use of the Parking Lot. Payment will be made prior to Bell's use of the Parking
Lot.
(2) A single landing and takeoff on May 6 2016 between 3:30 PM and 6:30 PM. Bell will
make all reasonable efforts to ensure that aircraft approaches and take offs shall be done in a
manner that, as much as practicable, avoids flight over the buildings surrounding the Parking
Lot.
(3) City will attempt to clear the Parking Lot for this landing and secure any items that may
be present. However, Bell accepts the Parking Lot in its current condition, without warranties of
any kind, as suitable for its intended purposes. Bell acknowledges that City will not provide any
security, and any necessary security will be the sole responsibility of Bell to coordinate and
provide.
(4) Bell will comply with all federal, state, and local laws, including FAA regulations, relating
to its flight services and should the City, or any of their officers, employees or agents be cited for
any violations related to Bell's use of the Parking Lot, Bell will be responsible for the payment of
any fines.
(5) Bell will obtain and keep in effect all licenses and permits nece elated to its intended
use of the Parking Lot. OFFICIAL RECORD
Page 1 of 3 CITY SECRIFT.F.A.I.
FT. WORTH$ TX
(6) Bell will maintain its Aircraft Physical Damage (Hull) insurance Policy and will have in
force its standard Aircraft Liability insurance coverage under its Aviation Liability insurance
policy (to include but not limited to Aircraft Liability, Passenger Liability, Airport Premises
Liability) during this event and any ground and or flight operations of the helicopter with a
minimum combined single limit of Fifty Million U.S. Dollars ($50,000,000.00). The City and its
officers, directors and employees (whilst acting in the scope of their duties as such) shall be
named as additional insured under such policy and solely in respect to the operation of the
helicopter. Additionally, Bell hereby extends a waiver of subrogation to The City and its officers,
directors and employees with respect to its Aircraft Physical Damage (Hull) insurance policy and
its Aircraft Liability insurance coverage in respect to the operation of the helicopter.
Under no circumstances shall the City or any other third party be seen as an additional
insured with respect to Bell's or its Parent's Aviation Products Liability & Completed Operations
insurance coverage.
Bell shall deliver a Certificate of Insurance to the City with respect to the insurance required
hereunder upon final signature and execution by the City.
(7) BELL SHALL BE LIABLE AND RESPONSIBLE FOR ANY LOSSES, DAMAGES OR
INJURIES OF ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED ARISING OUT OF OR IN CONNECTION
WITH THE PROVISION OF SERVICES HEREUNDER, INCLUDING USE OF THE PARKING
LOT DURING THE SCHEDULED TIME UNDER THIS LETTER, TO THE EXTENT THAT SUCH
LOSSES, DAMAGES OR INJURIES ARE CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF BELL, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, INVITEES OR PATRONS.
BELL COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS
AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR ANY SUCH DAMAGES,
INJURIES OR LOSSES (INCLUDING ALLEGED DAMAGE OR LOSS TO BELL'S BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH BELL'S PROVISION OF
SERVICES, ANY OTHER USE OF THE PARKING LOT UNDER THIS LETTER OR WITH THE
LEASING, MAINTENANCE, USE, OCCUPANCY, EXISTENCE OR LOCATION OF THE
PARKING LOT, REGARDLESS OF CITY'S GROSSLY NEGLIGENT ACTS OR OMISSIONS OR
INTENTIONAL MISCONDUCT.
BELL ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY CITY FOR ANY AND ALL
INJURY OR DAMAGE TO CITY'S PROPERTY WHICH ARISES OUT OF OR IN CONNECTION
WITH ANY AND ALL ACTS OR OMISSIONS OF BELL, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OR
PATRONS, REGARDLESS IF CAUSED BY THE GROSSLY NEGLIGENT ACTS OR
OMISSIONS OR INTENTIONAL MISCONDUCT OF THE CITY, OR, IN THE ALTERNATIVE, IN
THE CITY'S SOLE DISCRETION, BELL SHALL FULLY REPAIR ALL SUCH DAMAGES AT NO
COST AND EXPENSE TO THE CITY.
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(8) BELL, AT ITS SOLE COST AND EXPENSE, AGREES THAT IT-SHALL BE FULLY
RESPONSIBLE FOR THE REMEDIATION OF ANY VIOLATION OF ANY APP=i X
FEDERAL, STATE OR LOCAL LAW, ENVIRONMENTAL REGULATIONS, OR STANDARDS
THAT IS CAUSED BY BELL, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR INVITEES.
(9) Bell understands and agrees that acceptance of this offer does not constitute a waiver or
limit the application of any governmental immunity that the City may have.
(10) Bell will not use or allow others to use the Parking Lot for any purpose other than as
specifically set forth herein.
(11) Bell will leave the Parking Lot in at least as good condition as it was prior to Bell's use.
Bell sincerely appreciates the City's consideration of this irrevocable offer. City's acceptance of this
offer shall consist of the signature of City's Assistant City Manager below.
Si
Rudy . Lopez
VP—Contracts
Bell Helicopter Textron Inc.
OFFER ACCEPTED BY CITY OF FORT WORTH:
Jesus J. Chapa
Assistant City Manager
City of Fort Worth
Date: 5�1 01 t4
ATTEST: �Q� F 001'
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9-4V
M ry ayser $�
City Secretary OOOP
AS
APPROVE S TO FORM AND LEGALITY:
Jessica Sar g vang OFFICIAL RECORD
Assistant Ci Attorney II
Form 1295 Certification No. NA CITY SECRETARY
FT.WORTH,TX
CONTRACT AUTHORIZATION:
MBC: N/A
Date Approved: N/A
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