HomeMy WebLinkAboutContract 53613 aEGE�v � CSC No. 53613
HELICOPTER PURCHASE AND SERVICES AGREEMENT
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)is made
0 3$ and entered s'Ho by and COPT�ERee PURCHASE e CITY OF FORT WORTH (the `City"),ENT a`home-rule'municipal
corporation of the State of Texas, acting by and through Jay Chapa, its duly authorized Assistant City
Manager,and BELL TEXTRON INC.("Supplier'),a Delaware Corporation and acting by and through
Parker Perego,its duly authorized Regional Contracts Manager,each individually referred to as a"party"
and collectively referred to as the"parties."
WHEREAS, City, through its Police Department, operates and maintains law enforcement
helicopters for patrol missions and aerial surveillance;and
WHEREAS, through Request for Proposals No. 19-0017,the City solicited proposals to award
the purchase of a new law enforcement helicopter;and
WHEREAS,the City received two proposals that were evaluated based on reliability and support,
congruence with the Police Department's objectives, warranty, number of recently completed law
enforcement helicopters,delivery timeframe,and total long-term cost of ownership;and
WHEREAS, an evaluation panel consisting of employees from multiple City departments
determined that the proposal for the Bell 505 helicopter received the highest score and offered the best
value to the City;and
WHEREAS, on January 28, 2020, City Council approved the purchase of Bell 505 helicopter
with related aftermarket services including training and maintenance(M&C 20-0042);
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,City and Supplier hereby agree as follows:
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Helicopter Purchase and Services
2. Exhibit A—Aircraft to be Furnished
3. Exhibit B—After Market Support and Services
4. Exhibit C—Payment Schedule
5. Exhibit D—Warranty
6. Exhibit E—Signature Verification Form
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the documents, the terms and conditions of this Helicopter
Purchase and Services Agreement shall control.
1. SCOPE OF SERVICES.
Supplier hereby agrees to provide the City with a new, unused helicopter as more specifically
described in Exhibit A — Aircraft to be Furnished, which is incorporated herein for all purposes.
Additionally, Supplier hereby agrees to provide the City with the aftermarket services,including training
and maintenance, as more specifically described in Exhibit B—After Market Support and Services,
which is incorporated herein for all purposes.
OFFIC44P RE~Ukt.l
CITY SECRETARY
F WORTHI,TX
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2. TERM.
This Agreement shall commence March 9', 2020("Effective Date")and shall expire on
March 8t'',2023,unless terminated earlier in accordance with the provisions of this Agreement.
3. COMPENSATION.
The City shall pay Supplier in accordance with the provisions of this Agreement and Exhibit C—
Payment Schedule which is incorporated herein for all purposes;however,total payment made under this
Agreement by the City for all equipment and services shall not exceed Four Million Four Hundred
Fifty-Six Thousand Five Hundred and Eight Dollars($4,456,508.00). Supplier shall not perform any
additional services for the City not specified by this Agreement unless the City requests and approves in
writing the additional costs for such services. The City shall not be liable for any additional expenses of
Supplier not specified by this Agreement unless the City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City may terminate this Agreement at any time and for any reason by
providing Supplier with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Supplier of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Supplier for services actually rendered up to the effective date of
termination and Supplier shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Supplier shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Supplier has received access to City Information or data as a requirement
to perform services hereunder, Supplier shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Supplier hereby warrants to the City that Supplier has made full
disclosure in writing of any existing or potential conflicts of interest related to Supplier's services under
this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Supplier hereby agrees immediately to make full disclosure to the City in writing.
5.2 Confidential Information. Supplier, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any
such information to a third party without the prior written approval of the City.
5.3 Unauthorized Access. Supplier shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Supplier shall notify the City immediately if the security or integrity of any City
information has been compromised or is believed to have been compromised, in which event, Supplier
shall,in good faith,use all commercially reasonable efforts to cooperate with the City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with the City to protect
such information from further unauthorized disclosure.
5.3 Public Information Act. City is a government entity under the laws of the State of Texas
and all documents held or maintained by City are subject to disclosure under the Texas Public Information
Act.In the event there is a request for information marked Confidential or Proprietary,City shall promptly
notify Supplier. It will be the responsibility of Supplier to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City,but by the Office of the
Attorney General of the State of Texas or by a court of competent jurisdiction.
6. RIGHT TO AUDIT.
Supplier agrees that the City shall,until the expiration of three(3)years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years,have access to
and the right to examine at reasonable times any directly pertinent books, documents,papers and records
of the Supplier involving transactions relating to this Contract at no additional cost to the City. Supplier
agrees that the City shall have access during normal working hours to all necessary Supplier facilities and
shall be provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give Supplier reasonable advance notice of intended audits.
Supplier further agrees to include in all its subcontractor agreements hereunder a provision to the
effect that the subcontractor agrees that the City shall,until expiration of three(3)years after final payment
of the subcontract,or the final conclusion of any audit commenced during the said three years have access
to and the right to examine at reasonable times any directly pertinent books, documents, papers and
records of such subcontractor involving transactions related to the subcontract,and further that City shall
have access during normal working hours to all subcontractor facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.
City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Supplier shall operate as an independent contractor as
to all rights and privileges and work performed under this agreement,and not as agent,representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement,
Supplier shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, contractors and
subcontractors. Supplier acknowledges that the doctrine of respondeat superior shall not apply as
between the City, its officers, agents, servants and employees, and Supplier, its officers, agents,
employees, servants, contractors and subcontractors. Supplier further agrees that nothing herein shall be
construed as the creation of a partnership or joint enterprise between City and Supplier. It is further
understood that the City shall in no way be considered a Co-employer or a Joint employer of Supplier or
any officers,agents,servants,employees or subcontractors of Supplier.Neither Supplier,nor any officers,
agents, servants, employees or subcontractors of Supplier shall be entitled to any employment benefits
from the City. Supplier shall be responsible and liable for any and all payment and reporting of taxes on
behalf of itself,and any of its officers,agents, servants,employees or subcontractors.
8. LIABILITY AND INDEMNIFICATION.
8.1 LL4BILITY— SUPPLIER SHALL BE LL4BLE AND RESPONSIBLE FOR
ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
SUPPLIER,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION-SUPPLIER HEREBYCOVENANTSAND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROM AND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO
SUPPLIER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF SUPPLIER,ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Supplier agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement,it being understood that this agreement to defend,settle or pay shall not apply if
City modifies or misuses the software and/or documentation. So long as Supplier bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Supplier shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Supplier in doing so. In the event City,for whatever reason,assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Supplier shall fully participate and
cooperate with City in defense of such claim or action. City agrees to give Supplier timely
written notice of any such claim or action,with copies of all papers City may receive relating
thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses
shall not eliminate Supplier's duty to indemnify City under this Agreement. If the software
and/or documentation or any part thereof is held to infringe and the use thereof is enjoined
or restrained or,if as a result of a settlement or compromise,such use is materially adversely
restricted,Supplier shall,at its own expense and as City's sole remedy,either: (a)procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or(d) if none of the foregoing alternatives is reasonably available
to Supplier terminate this Agreement, and refund all amounts paid to Supplier by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Section 8 shall survive the termination or expiration of this Agreement.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Supplier shall not assign or subcontract any of its duties,obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment,the assignee shall execute a written agreement with City and Supplier under which
the assignee agrees to be bound by the duties and obligations of Supplier under this Agreement.
Supplier and Assignee shall be jointly liable for all obligations of Supplier under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Supplier shall execute a
written agreement with Supplier referencing this Agreement under which sub Supplier shall agree
to be bound by the duties and obligations of Supplier under this Agreement as such duties and
obligations may apply. Supplier shall provide City with a fully executed copy of any such
subcontract.
10. INSURANCE.
Supplier shall provide the City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Supplier, its employees, agents, representatives in
the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle
owned, hired and non-owned
(c) Worker's Compensation-Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory
benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex.Rev.Civ.
Stat.) and minimum policy limits for Employers' Liability of$100,000 each accident/occurrence,
$500,000 bodily injury disease policy limit and$100,000 per disease per employee
10.2 General Requirements
(a) A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage shall be
provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of
premium. Notice shall be sent to the Risk Manager,City of Fort Worth, 1000 Throckmorton, Fort
Worth,Texas 76102,with copies to the City Attorney at the same address.
(b) The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating
Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If the rating is below that required,written approval of Risk Management is required.
(c) Any failure on the part of the City to request required insurance documentation shall not constitute
a waiver of the insurance requirement.
(d) Certificates of Insurance evidencing that the Supplier has obtained all required insurance shall be
delivered to the City prior to Supplier proceeding with any work pursuant to this Agreement.
(e) Supplier shall be allowed to retain(self-insure)in whole or in part any insurance obligation under
this Agreement. Any retention shall be for the account of City. If Supplier elects to retain (self-
insure) in whole or in part any insurance required by this Agreement, Supplier agrees that it shall
provide City with the same coverage that would have been provided to it by the required
commercial insurance policies had Supplier obtained commercial insurance.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Supplier agrees that in the performance of its obligations hereunder, it will comply with all
applicable federal,state and local laws,ordinances,rules and regulations and that any work it produces in
connection with this agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If the City notifies Supplier of any violation of such laws, ordinances,
rules or regulations, Supplier shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Supplier,for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Supplier's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination
covenant by Supplier,its personal representatives,assigns,subcontractors or successors in interest,Supplier
agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such
claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
To CITY: To SUPPLIER:
City of Fort Worth Bell Textron Inc.
Attn:Assistant City Manager for IT Parker Perego,Regional Contracts Manager
200 Texas Street 3255 Bell Flight Blvd
Fort Worth,TX 76102-6314 Fort Worth,TX 76118
Facsimile:(817)392-8654 Facsimile:817-278-2149
With copy to Fort Worth City Attorney's Office at
same address
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Supplier shall,during the term of this agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
Supplier,any person who is or has been employed by the other during the term of this agreement,without
the prior written consent of the person's employer.Notwithstanding the foregoing,this provision shall not
apply to an employee of either party who responds to a general solicitation of advertisement of employment
by either party.
15. GOVERNMENTAL POWERS/IMMUNITIES
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers or immunities.
16. NO WAIVER
The failure of the City or Supplier to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Supplier's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
The City and Supplier shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
22. AMENDMENTS.
No amendment of this Agreement shall be binding upon a party hereto unless such amendment is
set forth in a written instrument,which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City and
Supplier, their assigns and successors in interest, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY.
Supplier warrants that its equipment and services will be of a professional quality and conform to
generally prevailing industry standards. Supplier's warranty is more accurately described in Exhibit D—
Warranty which is incorporated herein for all purposes.
26. IMMIGRATION NATIONALITY ACT.
Supplier shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Supplier shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Supplier shall adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Supplier employee who is not legally eligible to perform such services. SUPPLIER
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
SUPPLIER'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written
notice to Supplier, shall have the right to immediately terminate this Agreement for violations of this
provision by Supplier.
27. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Supplier whose name,title and signature is affixed on
the Verification of Signature Authority Form,which is attached hereto as Exhibit E and incorporated herein
for all purposes.Each party is fully entitled to rely on these warranties and representations in entering into
this Agreement or any amendment hereto.
28. SHIPMENT UNDER RESERVATION PROHIBITED.
Supplier is not authorized to ship the airframe and equipment under reservation,and no tender of a
bill of lading will operate as a tender of goods.
29. TITLE AND RISK OF LOSS.
The title and risk of loss of the airframe and equipment shall not pass to City until City actually
receives and takes possession of the airframe and equipment at the point after inspection and acceptance of
the airframe and equipment.
30. DELIVERY TERMS AND TRANSPORTATION CHARGES.
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed. City agrees to reimburse
Supplier for transportation costs in the amount specified in Supplier's proposal; provided, City shall have
the right to designate what method of transportation shall be used to ship the goods.
31. PLACE OF DELIVERY.
The place of delivery shall be:
Fort Worth Air Support Unit
310 Gulf Stream Road
Attn: Lt. Scott Keenum
Fort Worth,TX 76115
32. RIGHT OF INSPECTION
City shall have the right to inspect the airframe and equipment upon delivery before accepting
them. Supplier shall be responsible for all charges for the return to Supplier of any airframe or equipment
rejected as being nonconforming under the specifications.
33. INVOICES
33.1 Supplier shall submit separate invoices in duplicate, on each purchase order or purchase
change order after each delivery. Invoices shall indicate the purchase order or purchase
change order number. Invoices shall be itemized and transportation charges, if any, shall
be listed separately. A copy of the bill of lading and the freight waybill, when applicable,
should be attached to the invoice. Supplier shall mail or deliver invoices to City's Police
Department and address as set forth in the block of the purchase order, purchase change
order or release order entitled "Ship to." Payment shall not be made until the above
instruments have been submitted after delivery and acceptance of the goods and/or
services.
33.2 Supplier shall not include Federal Excise, State or City Sales Tax in its invoices.The City
shall furnish a tax exemption certificate upon Supplier's request.
34. PRODUCT WARRANTY.
Supplier warrants that the goods furnished will conform to City's specifications, drawings and
descriptions listed in the proposal invitation, and the sample(s) furnished by Supplier, if any. In the event
of a conflict between City's specifications,drawings,and descriptions,City's specifications shall govern.
35. SAFETY WARRANTY.
Supplier warrants that the product sold to City shall conform to the standards promulgated by the
U.S.Department of Labor under the Occupational Safety and Health Act(OSHA)of 1970,as amended.In
the event the product does not conform to OSHA standards, City may return the product for correction or
replacement at Supplier's expense. In the event Supplier fails to make appropriate correction within a
reasonable time, any correction made by City will be at Supplier's expense. Where no correction is or can
be made, Supplier shall refund all monies received for such goods within thirty (30) days after request is
made by City in writing and received by Supplier. Notice is considered to have been received upon hand
delivery, or otherwise in accordance with Section 13 of this Agreement. Failure to make such refund shall
constitute breach and cause this contract to terminate immediately.
36. NO BOYCOTT OF ISRAEL.
If Supplier has fewer than 10 employees or this Agreement is for less than$100,000,this section
does not apply. Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and(2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
Agreement,Supplier certifies that Supplier's signature provides written verification to the City that
Supplier: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract.
IN WITNESS WHEREOF,City and Supplier hereto have executed this Agreement in multiples.
(signature page follows)
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract,including ensuring all performance and
By: Jesus J.Chapa(Mar 4,2 20)
reporting requirements.
Name: Jay Chapa
Title: Assistant City Manager
,��►�ri OMar
Date: ,2020 By: fames Rodriguez(Mar t02O)2D2D)
Name: James Rodriguez
APPROVAL RECOMMENDED:
Title: Senior Management Analyst,Police
APPROVED AS TO FORM AND LEGALITY:
By:
E win Kraus(Mar 3,2020)
Name: Edwin Kraus met yl
Title: Chief of Police By. Matt Murray(Mar 4,2020
Name: Matthew A.Murray
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: M&C 20-0042
By: Mary J.K r(M ,2020) January 28,2020
Name: Mary Kayser FOR,)- ;
Title: City Secretary Q . l a9 5: dt 0-5 79'�b 0
Q
SUPPLIER:
BELL TEXTRON INC.
By: 44jv,, C
Name: Parker Perego
Title: Regional Contracts Manager
Date: 3 J fAr 2020
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ITY SEcRE1.�,:T. WORT14 '"_b
EXHIBIT A
AIRCRAFT TO BE FURNISHED
Bell 505 Patrol Helicopter Paint Rendering
s.
A
BELL 505 HELICOPTER EQUIPMENT
Basic Model 505 Helicopter Price
Electronic Standby Instruments Included
Inlet Barrier Filter Included
Accessory Kits Price
Dual Pilot Controls $7,000.00
Rotor Brake $14,400.00
Automatic Door Openers for Co-Pilot Door $4,300.00
Automatic Door Openers for Pilot Door $4,300.00
Cowling Access Door $5,900.00
Wire Strike Protection System $24,200.00
High Skid Gear(includes small crew step. Compatible with WSPS) $11,700.00
Air Conditioning System $46,300.00
Air Conditioning System- 3rd Evaporator $27,800.00
Avionics Shelf $4,800.00
Avionics Upgrade $48,800.00
Emergency Locator Transmitter $6,300.00
Radar Altimeter- Garmin GRA55 $30,300.00
Second VHF Comm - Garmin GTR 225E $12,800.00
Seats- Standard Interior(Black) $0.00
Hard Point (Forward Location) $20,200.00
Hard Point (AFT Location) $9,000.00
Full Length Trainer Shoe $5,200.00
Mechanical Ground Handling Wheels $2,700.00
Operator Accessory Package $7,000.00
Customizing Price_
AA L.E. STC includes: AEM LS System/ 150W Speaker(Qty 2) with LCS-22 $52,679.00
Siren Controller, LSA400 Speaker
AA L.E. STC includes: Expanded Avionics Shelf $9,449.00
AA L.E. STC includes: Expanded Instrument Panel with Air-Conditioning $32,239.00
AA L.E. STC includes: Mission Buss Master Switch - Install a Mission bus $1,893.00
master switch that will power on/off the mission equipment
ASU NVG Cockpit/Cabin Lighting $49,323.00
AA L.E. STC includes: Pilot & Copilot Foot Switch ICS/XMIT $998.00
Cigarette Lighter Plug. Two (2) Mouser 161-2050 cigarette lighter plugs, with $12,289.00
attached covers, one in the cockpit and one in the aft cabin. Location
determined by the FW Police Dept in conference with the completion vendor.
Eagle Copters G13000 Digital Audio Router $0.00I
Quick release pins for Crew Doors $1,627.00
Technisonic TDFM-9100-P90598NV $139,810.00
Transponder GTX 345R $17,630.00
USB power plug. Two (2) USB power plugs with covers shall be installed, $7,313.00
one each in the cockpit and cabin. Location determined by the FW Police
Dept in conference with the completion vendor. _
GDL 69HA SXM Datalink Receiver System &XM Radio/all activation & $25,093.00
subscription fees are the responsibility of the customer/Subject to Interface
Update
Custom Paint: Dupont Imron polyurethane paint. Shall be determined by the $37,031.00
FW Police Dept will be supplied by the FW Police Dept. The FW Police Dept
shall provide decals that shall be applied during the painting process. No more
than three (3) paint colors in the final paint scheme.
Coinmat Floor Covering _ $5,774.00
Red LED light on Belly (controlled by a separate switch located in center of $4,707.00
cockpit)
Replace basic ship map light with two (2) Soderberg Manufacturing Inc. (or $7,323.00
equivalent), NVG.
Lock-out switch external power/ battery switch (location to be determined at $4,450.00
design review)
Rear Cabin Center Console $20,369.00
Baggage bay avionic rack $10,887.00
Map /Chart Pockets (metal) in cockpit (exact location to be determined at $8,961.00
design review)
Two (2) Cup holders/water bottle holders in cockpit (exact location to be $366.00
determined at design review)
Binocular Holder (metal with retention strap or similar restraint device shall $4,017.00
hold the binoculars in place).
Headset Hangar. Headset hangars/hooks shall be provided for the pilot, $5,305.00
copilot and rear seats.
Audio System - Eagle Avionics Systems - 3 Control Panels (Cockpit(2) &Aft $77,759.00
Cabin) + Eagle Copters G13000 Digital Audio Router
Certification Engineering $177,402.00
CNC Technologies Equipment Price
Purchase of Equipment from CNC (Subtotal) $1,003,512.00
Wescam MX-10 $574,788.00
Aero Mapping System Aero UC6000 Mission Computer $165,736.00
Macro-Blue 15.6" NVG Monitor $24,696.00
Airborne Mini2 6.5GHz DL System $143,206.00
ELL 606 HELICOPTER EQUIPMENT
Spectrolab SX-16 $95,086.00
Installation of CNC Technologies Supplied Equipment. (Subtotal) $168,920.00
Installation and testing of Wescam MX-10 $65,384.00
Installation and testing of Aero Mapping System Aero UC6000 $17,819.00
Mission Computer
Installation and testing of Macro-Blue 15.6" NVG Monitor $9,085.00
Installation and testing of Airborne Mini2 6.5GHz DL System $30,282.00
Installation and testing of Spectrolab SX-16 $46,350.00
CNC Technologies Supplied Services (Subtotal) $536,578.00
CNC Provided Extended Warranties: Wescam Extended Warranty $39,540.00
CNC Aircraft Installation Supervision & Commissioning $66,150.00
Aircraft Training $8,380.00
Wescam Training $0.00
12 Months 24/7 Support $39,450.00
Handheld Receiver $40,648.00
Fixed Diversity Antenna Receive Site $107,632.00
CNC.Live $123,260.00
Ground Receive Site Installation, Project Engineering Management and $95,320.00
Support
On-Site Training for up to 5 Operators/Maintenance Personnel $8,380.00
Shipping Charges $7,818.00
Loose Equipment Price
Canon 18x50 IS All Weather Binocular $2,163.00
White Phosphor Night Vision Goggles (NVG). Aviation Specialties Unlimited, $22,351.00
Inc. (ASU)AVS-9 NVG system, or equivalent equipment as determined by the
FW Police Dept., shall be provided. Included in the request are white
phosphorous goggles, helmet mount kit (mounting bracket for most helmets),
weighted battery pack, cable from the battery pack to the mount, and dovetail
mount for mounting the battery pack to the back of the helmet. Also required is
a battery pack for operation of the goggles when worn around the neck during
training or other activities. Also required are 5 (five) mounting brackets
(2658897-Alpha) for the current aviation unit's Alpha Eagle helmets.
David Clark H10-13H Headsets $2,000.00
Coms Innovations part number CIX415VK3-6P Headset Extension Cords $1,732.00
Tesla T12000 GPU-24 Battery Cart $10,865.00
18 additional sets of cabin & locking fuel cap keys $88.00
EXHIBIT B-AFTERMARKET SUPPORT AND SERVICES
Bell 505 Trainin Courses
Quantity Unit Price Extended
- - • rich
Complimentary Pi!and
ound, FTD, and Flight Training 1 $0.00 $0.00
Pilot Ground, FTD Flight Training 6 $16,500.00 $99,000.00
Complimentary Field Maintenance Training 1 $0.00 $0.00
Field Maintenance Training 1 $7,800.00 $7,800.00
Complimentary Engine Training 1 $0.00 $0.00
NVG Transition Training 7 $18,600.00 $130,200.00
WELL 505 MAINTENA ®.
Recommended Tooling for One (1) Bell 505 1 Lot $94,807.00
BELL 506 TOOLS
Part Numb Nomenclature Qty
�
29335501 RAD ADAPTER KIT 1
1025 RESISTOR 1
1100-OTC LEG 1
111485654 Lifting Tool 1
111492115 Set Tool
1156 SLIDE HAMMER 1
1811GA665* TESTER PITOT STATIC 1
206-011-152-103 MAST NUT-MAIN ROTOR 1
427-201-001-141 RIG PIN ASSY 1
427-201-001-145 RIG PIN ASSY 2
505-099-001 Adapter Kit, Track and Balance 1
505-700-101 BRACKET, CARRIER 2
BDW-206LR GROUND HANDLING WHEEL 2
DB3225L DRAIN UNIT 1
DG-200 SCALE 1
IN-6 SPRING SCALE 1
NAS9926-5L NUT 8
SKSP1425-501 TOOL SET 1
T103140-101 COVER&LIFT ASSY 1
FLUKE 179* MULTIMETER, DIGITAL 1
T101626* SLING ASSY 1
T102137-111* LIFTING TOOL 1
Technical Publications
Technical publications for the helicopters and engines are provided via hard copy or online as
described below. Aircraft technical publications are complimentary during the warranty period.
Following the warranty period, a one-year subscription is available for $500. This provides
unlimited users per model during the subscription year.
Flight Manuals: Upon aircraft delivery, Bell will provide one (1) hardcopy set of Flight Manual
publications. Each set of Flight Manual publications consists of a Flight Manual (FM), Flight
Manual Supplement (FMS), Manufacturing Data (MD) and an Integrated Avionics Manual (IAM)
as applicable. Flight Manual publications come with free electronic access and hardcopy revision
services.
Maintenance Manuals: Also, upon delivery, every customer will be granted free electronic
access to maintenance publications and revision services via https:Hmybell.com.
Bulletins: All applicable Bell technical bulletins, alert service bulletins, and service instructions
will be provided in electronic format and printable from two different websites
(www.bellcustomer.com and hftps://mybell.com)with notification services.
Engine Manuals: Safran, the manufacturer of the Bell 505's engine, will provide one (1) set of
electronic publications. Each set of publications consists of a Maintenance Manual, Illustrated
Parts Catalogue, and Service Bulletin Index. Revision services are provided by Safran free of
charge for a period of two (2)years following aircraft delivery. Any associated charges for revision
services beyond two (2) years shall be the responsibility of the customer.
Commercial Warranty
Bell offers a new helicopter warranty and spares warranty summarized below as part of the
purchase price. Engine warranty will be provided by the engine manufacturer.
Three Years / 2,000 Hours Non-Prorated: Bell warrants each new helicopter to be free from
defect in material or workmanship under normal use and service for 2,000 hours of operation or
three (3) years from acceptance, whichever occurs first. Spare parts installed as warranty
replacement on helicopters which are covered by this New Helicopter Warranty will be warranted
for the balance of the original aircraft warranty. Seller assigns each manufacturer's warranty to
Buyer to the extent such manufacturer's warranty exists and is assignable.
Spare Parts Warranty: Bell warrants each new helicopter part or helicopter part reconditioned
by Seller to be free from defect in material and workmanship under normal use and service and
if installed on Bell helicopters for up to 1,000 hours of operation, one (1) year from date of
installation, or two(2)years from date of shipment by Seller, whichever occurs first. Seller assigns
each manufacturer's warranty to Buyer to the extent such manufacturer's warranty exists and is
assignable.
Safran Engine Warranty: New engines are provided with an operational warranty of 24 months
or 1,000 flying hours for new equipment installed on the helicopter airframe at aircraft delivery
and for spare engines or modules. Twelve months or 1,000 flying hours for spare accessories
and twelve months for spare parts and tools.
CAMP for Helicopters
Each helicopter delivered comes with an initial one-year subscription to the CAMP Maintenance
Tracking Service for Helicopters in the form of the powerful CAMP MTX service. CAMP MTX is
renowned for reliability, technologically advanced software and value protection. MTX now has
additional features which make it the ideal choice for helicopters. These include automatic
formula-based penalty and RIN calculations, and enhanced flight log tracking. In addition, CAMP
has added a dedicated team of helicopter analysts, field service personnel, and general
operational staff ready to provide direct support to our helicopter operators. Renewal subscription
service is available through sales(cD-campsystems.com.
Training
The Bell Training Academy (BTA) is recognized worldwide for providing quality military and
commercial training. The BTA is located at Bell's Fort Worth, Texas headquarters, approximately
15 miles from the FWPD hangar The BTA features seventeen (17) multimedia classrooms, three
(3) overhaul labs fitted for the newest learning technology tools, a 20,000 sq. ft. training hangar
space for crucial hands-on maintenance training, and five advanced Flight Training Devices(FTD)
designed to train on seven different Bell helicopter models. The facility also features a new NVG-
compatible Bell 407GX Full Flight Simulator.
Student Registration: After contract award, the BTA will coordinate a firm training schedule of
classes based on the specific number of attendees for each type of training upon request by the
Purchaser. The program representative may select course dates for the specific number of
attendees identified for each type of training from our published course schedules at
www.BellHelicopter.com/training. Any changes to the agreed schedule, terms and conditions,
courses, and number of attendees may result in additional charges to the program. It is
encouraged that all training be scheduled at least(90) days prior to the start of established course
date to ensure space and instructor availability.
The FWPD training provided with the purchase of the Bell helicopter(s) may be scheduled within
six (6) months prior to the ship delivery or within thirty-six (36) months after the ship is delivered.
The training courses will expire after the thirty-six (36) month period.
Summary of Proposed Bell 505 Training Program
Bell provides complimentary pilot and maintenance training with each Bell 505 helicopter
purchased. The standard complimentary training based on the number of helicopter(s) proposed
and additional training is outlined in Figure 2-4. Course descriptions are provided in Appendix C,
following the Bell 505 Product Specifications brochure.
BELL 505 TRAINING SUMMARY
Number of Course
Course Training Length per Location
Candidates Trainer
Complimentary Pilot Training
Pilot Ground, FTD, and Flight Training 1 1 week BTA
Complimentary Maintenance Training
Engine Training 1 3 weeks safran, Grand
Prairie,Tx
Additional Training
Pilot Ground, FTD,and Flight Training 6 1 week BTA
Field Maintenance Training 1 3 weeks BTA
NVG Transition Training 7 1 week BTA
Figure 2-1.Bell 505 Training Summary.
Bell 505 Course Descriptions
Bell 505 Pilot Ground, Simulator&Transition Flight Course
Course Length 1 week per pilot
Ground&Simulator 15 hours of ground, 1 flight training device event
Flight Training 4 events per pilot
To ensure complete knowledge of the current Bell 505 flight manual, to demonstrate and
practice all flight maneuvers and to establish proficiency and safety in every phase of flight.
Objective Successful completion of the course will enable the qualified helicopter pilot to transition to the
Bell 505 helicopter with comprehensive knowledge of the aircraft systems and components
and a thorough understanding of the operational characteristics and flight limitations. This
course is designed specifically for helicopter pilots possessing current FAA pilot certificates
with appropriate ratings or the equivalent licenses issued by a foreign regulatory agency.
Prerequisites This course is designed specifically for helicopter pilots possessing current FAA pilot
certificates with appropriate ratings or the equivalent licenses issued by a foreign regulatory
agency.
Course Content Classroom presentations will cover the cockpit controls and instrumentation, airframe,
powerplant, and aircraft systems. In addition, Normal Procedures, Emergency Procedures,
Operating Limitations and performance will be studied.
The flight procedures training includes complete familiarization of the Bell 505 helicopter,
instruction in the turbine engine operation, and flight instruction in normal flight maneuvers
and emergency procedures. The simulated emergency procedures include, hydraulic boost
failure, engine failure and tail rotor malfunctions. A period in the FTD (Flight Training Device
is also a normal part of this course, covering Normal and Emergency procedures.
Bell 505 Field Maintenance Course
Course Length 13 days
Objective Upon successful completion the attendee will be able to troubleshoot, inspect, perform, or
supervise the maintenance of the helicopter, up to but not including, major repair or overhaul
of the helicopter and its components. Acceptable airworthiness techniques, procedures, and
practices established by regulatory agencies and Bell shall be used as satisfactory
performance measurements.
Prerequisites Attendees should meet one or more of the following requirements:
1. Certified Aircraft Maintenance Technician with one (1) year of experience as a rated
maintenance technician.
2. One(1)year of experience as an active maintenance technician on helicopters.
3. Three(3)years general experience as an aircraft maintenance technician.
Course Content This is a comprehensive coverage of the description, function, and maintenance procedures
required for field maintenance of the helicopter.Classroom or shop work in the following areas
will be covered:airframe,ground handling and servicing, main rotor,main rotor controls,main
rotor drive system, powerplant(installation and rigging as related to the airframe),fuel system,
tail rotor drive system, tail rotor, hydraulic system(s), flight controls, electrical system(s), and
avionics system(s). The function, location of components and access provisions, will be
presented to enable the student to assist in the performance of the inspection, servicing, use
of special tools, materials, manuals, and equipment to perform field level maintenance,
recommended troubleshooting procedures will be discussed using known and probable fault
symptoms in the classroom to prepare the student for actual work on the helicopter.
Night Vision Goggle (NVG) Training
Course Length 1 week per pilot
Objective To educate the aircrew member on Night Vision Goggles(NVG),design considerations,
and operational applications. To teach the pilot about the NVG limitations, capabilities
and aided night flight procedures in the applicable Bell Helicopter.
Prerequisites FAA Helicopter pilot certificate or equivalent issued by the military or foreign regulatory
agency. All officers nominated for pilot transition training shall have flown at least 500
hours as first pilot of helicopters or have had at least 18 months service in an operational
helicopter appointment and are proficient in instrument flying skills.
Course Content Academic classroom training is designed to present all necessary academic subjects to
the customer that are critical to customer understanding of the NVG flight portions of
training including: General course description, Introduction to Anvis/ NVGs, Limitation
/ Emergency Procedures, NVG Aero-medical, Considerations and Night Terrain
Interpretation.
Blind Cockpit and NVG Flight Training will consist of those tasks necessary to properly
operate the aircraft in a safe manner. The tasks selected for this training are basic
helicopter flight tasks.A thorough crewmember briefing will precede all training flights.
Note: All NVG training for Foreign Nationals must have U.S.Government Export Authorization prior to the conduct of training.
Authorization can take 60-120+days;planning must be done well in advance!
EXHIBIT C
PAYMENT SCHEDULE
Initial Deposit. An initial non-refundable deposit in the amount of fifteen percent (15%) of the
total negotiated purchase agreement price be paid to a Bell designated bank account via a wire
transfer within twenty (20) calendar days after the purchase agreement is executed by the Parties
and receipt of a valid invoice for the deposit from Bell.
Initial Deposit Amount: $668,476.20
Final Payment. The balance of payment is due Net 30 from the City's inspection and acceptance
of the airframe and equipment and receipt of a valid Bell invoice. All payments shall be made in
United States dollars by a single wire transfer or check drawn from Purchaser's account or such
other negotiable instruments acceptable to Bell.
Total Price: $4,456,508.00
Initial Deposit: $668,476.20
Balance Due: $3,788,031.80
EXHIBIT D
WARRANTY
Seller warrants each new helicopter to be free from defect in material or workmanship under normal
use and service for 2,000 hours of operation or three (3) years from acceptance,whichever occurs first.
Spare parts installed as warranty replacement on helicopters which are covered by this New Helicopter
Warranty will be warranted for the balance of the original aircraft warranty. Seller assigns each
manufacturer's warranty to Buyer to the extent such manufacturer's warranty exists and is assignable.
Parts,components and assemblies of all helicopter parts may have been restored or reworked due to mars,
blemishes,dents or other irregularities during the manufacturing process. Such restoration and/or rework
are permitted under Seller's approved manufacturing and engineering processes and guidelines. The
restoration and/or rework so completed do not render such items defective in material or workmanship.
Seller's sole obligation under this warranty is limited to the repair or replacement of parts which are
determined to Seller's reasonable satisfaction to have been defective within the applicable warranty
period as described above. Replacement of parts may be either new or reconditioned at Seller's election
and at the lowest allowable maintenance level contained in Seller's manuals, service bulletins or
applicable supplier manuals.In addition,during the first year or within 2,000 hours of total aircraft time,
whichever occurs first,the Seller shall reimburse Buyer at a rate up to$85.00 USD per hour for reasonable
actual labor costs directly related to removal and reinstallation of parts determined to be defective; such
reimbursement amount shall be in Seller's sole discretion and Seller shall not reimburse any labor costs
which it does not deem to be reasonable or directly related to removal and reinstallation. Seller shall also
reimburse reasonable freight charges, excluding insurance, customs fees, duties, handling fees, and
taxes. Seller shall not reimburse Buyer for any parts repaired or replaced outside of the Seller's Warranty
Claims Process unless express prior written authorization is granted by Seller's Warranty Department to
Buyer for such repair or replacement.
NO FAULT FOUND: Seller shall not reimburse Buyer for any costs related to the removal or reinstallation
of such a part.
WARRANTY CLAIM PROCESS: Defective parts must be reported in writing to the Seller's Warranty
Administration within fourteen(14)days of being found defective.Parts may be repaired or replaced with
new or reconditioned parts, at Seller's election. Warranty adjustment is contingent upon the Buyer
complying with the Seller's Warranty Process as described in the Bell Helicopter VISTA Customer Portal
and with the Seller's Warranty Administration disposition instructions for defective parts. Failure to
properly comply with Seller's Warranty Process may,at Seller's sole option,void Seller's warranty as to
the allegedly defective part.
RETURN SHIPMENT: Parts returned to Seller will be eligible for remedy under this warranty only if
the part is carefully packed by the Buyer for the return shipment. Damage occurring to a part due to
improper packaging may result in the denial of a warranty claim. The party initiating shipment bears
the risk of loss or damage to parts in transit.
CORE RETURNS: Any core removed by Buyer for which Seller has furnished a replacement part
through the Warranty Process shall be shipped by Buyer, with all historical service records, to a facility
designated by Seller,within fourteen(14) days of receipt by Buyer of the replacement part. Buyer shall
provide Seller with proof of shipment within fourteen(14)days following receipt of the replacement part.
In the event that Buyer fails to provide Seller with such proof of shipment within the fourteen (14) days
or fails to provide the applicable historical service records, Buyer shall be charged the invoiced value of
the replacement part.
WARRANTY AND LIABILITY DISCLAIMERS AND EXCLUSIONS: EXCEPT AS PROVIDED
BY THIS AGREEMENT, THIS WARRANTY IS GIVEN AND ACCEPTED IN PLACE OF (i) ALL
OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AND (ii) ANY OBLIGATION, LIABILITY, RIGHT,
CLAIM OR REMEDY IN CONTRACT OR IN TORT, INCLUDING PRODUCT LIABILITIES
BASED UPON STRICT LIABILITY,NEGLIGENCE, OR IMPLIED WARRANTY IN LAW.
Except as provided by this Agreement, this warranty is the only warranty made by Seller. The Buyer's
sole remedy for a breach of this warranty or any defect in a part is the repair or replacement of the
helicopter part, reimbursement of reasonable freight charges, and reimbursement of reasonable labor
costs directly related to removal and reinstallation as provided herein. Seller excludes liability, whether
as a result of a breach of contract or warranty, negligence or strict product liability, for incidental or
consequential damages, including without limitation, damage to the helicopter or other property, costs
and expenses resulting from required changes or modifications to helicopter components and assemblies,
changes in retirement lives and overhaul periods, local customs fees and taxes, and costs or expenses for
commercial losses or lost profits due to loss of use or grounding of helicopters or otherwise.
Seller makes no warranty and disclaims all liability in contract or in tort, including, without limitation,
negligence and strict tort liability, with respect to work performed by third parties at Buyer's request
and with respect to engines, engine accessories, batteries, paint, radios, Garmin equipment,Honeywell
equipment,and Buyer furnished equipment or equipment manufactured by others and installed at Buyer's
request.
Seller makes no warranty and disclaims all liability with respect to components or parts damaged by, or
worn due to, normal wear and tear, erosion or corrosion. Seller makes no warranty and disclaims all
liability for consumables which are defined as items required for normal and routine maintenance or
replaced at scheduled intervals shorter than the warranty period. "Consumables" include but are not
limited to engine and hydraulic oil, oil filters, packings and o-rings, anti- corrosion and/or sealing
compounds,brush plating material,nuts,bolts,washers,screws,fluids,compounds, and standard aircraft
hardware that is readily available to aircraft operators from sources other than Seller.
This warranty shall not apply to any helicopter part which has been repaired or altered outside Seller's
factory in any way so as, in Seller's sole judgment, to affect its stability, safety or reliability.This
warranty shall not apply to any helicopter part which has been subject to misuse,negligence or accident,
or which has been installed in any aircraft which has been destroyed. Repairs and alterations which
use or incorporate parts and components other than genuine Bell parts or parts approved by Bell for
direct acquisition from sources other than Bell itself are not warranted by Bell,and this warranty shall be
void to the extent that such repairs and alterations, in Seller's sole judgment,affect the stability,safety or
reliability of the helicopter or any part thereof,or damage genuine Bell or Bell-approved parts. No person,
corporation or organization, including Bell Authorized Customer Service Facilities, is authorized by
Seller to assume for it any other liability in connection with the sale of its helicopters and parts.
NO STATEMENT, WHETHER WRITTEN OR ORAL, MADE BY ANY PERSON,
CORPORATION OR ORGANIZATION, INCLUDING BELL AUTHORIZED CUSTOMER
SERVICE FACILITIES,MAY BE TAKEN AS A WARRANTY NOR WILL IT BIND SELLER.
CHOICE OF LAW AND JURISDICTION: This warranty shall be interpreted under and governed by
the laws of the State of Texas. All legal actions based upon claims or disputes pertaining to or
involving this warranty including,but not limited to,Seller's denial of any claim or portion thereof under
this warranty,must be filed in the courts of general jurisdiction of Tarrant County,Texas or in the United
States District Court for the Northern District of Texas, Ft. Worth Division located in Ft. Worth, Tarrant
County,Texas.
EXHIBIT G E
VERIFICATION OF SIGNATURE AUTHORITY
Name: Bell Helicopter Textron Inc.
Address: 3255 Bell Flight Blvd.
Fort Worth, TX 76118
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind the Company and to execute any agreement,
amendment or change order on behalf of Company. Such binding authority has been granted by proper
order, resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the
warranty and representation set forth in this Form in entering into any agreement or amendment with
Company. Company will submit an updated Form within ten (10) business days if there are any changes
to the signatory authority. The City is entitled to rely on any current executed Form until it receives a
revised Form that has been properly executed by the Company.
1. Name: Rick D. Van Zandt
Position: Director, Commercial Business Contracts
Signature
2. Name: Veronica Rojas
P s' ion:Manager, Contracts
e,,-_�
Signature
3. Name: Parker Perego
Position:Regional Contracts Manager
Signature
Name: Mi nyd
Signature of resident/CEO
Other Title:
Date: ' S JoAe ;L01q
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/28/20 M&C FILE NUMBER: M&C 20-0042
LOG NAME: 13P19-0017 HELICOPTER PD CG
SUBJECT
Authorize the Execution of an Agreement in the Amount of$4,464,308.00 with Bell Textron Inc.for the Purchase of a Bell 505 Helicopter for the
Police Department using existing CCPD Capital Projects Fund Appropriations and Adopt Appropriation Ordinance in the General Capital
Projects Fund in the Amount of$876,808.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Agreement with Bell Textron Inc.in an amount up to$4,464,308.00 for the purchase of a Bell 505 helicopter,
training courses,and maintenance tooling;and
2. Adopt the attached appropriation ordinance adjusting appropriations in the General Capital Projects Fund by decreasing receipts and
appropriations in the Technology-Police project(City Project No. P00034)in the amount of$876,808.00 and increasing receipts and
appropriations in the Police—Helicopter project(City Project No. 101348)by the same amount.
DISCUSSION:
In 2016,the Police Department approached the Purchasing Division for assistance with the purchase of a new Police helicopter to aid in Police
patrol missions and for air monitoring. The Police Department currently has two helicopters,a 1996 helicopter with 24,000 flight hours and a 2003
helicopter with 13,900 flight hours. The Police Department originally intended to use Grant Funds to purchase a new helicopter. In July 2016,the
Purchasing Division issued a Request for Proposals(RFP)for the purchase of a helicopter. The city received three proposals. The proposals
were subsequently rejected by City Council in June of 2017 because the grant funds were scheduled to expire and the analysis of the proposals
was not completed in time(M&C P-12064).
After the proposals were rejected,the Purchasing Division worked with Police staff to restructure the RFP and to revise the RFP's specifications
to ensure that all of Police's requirements were included in the new RFP. In addition, Police staff worked to secure non-grant funds for the
purchase of a new helicopter.
A new RFP for the helicopter was issued on June 5, 2019 with the responses due on July 19, 2019. The RFP allowed the City to consider
purchasing a larger helicopter to perform various missions, a smaller patrol/observation helicopter, or both helicopters. In addition,the RFP
requested information and pricing for training and tooling. The RFP used the following criteria for the evaluation of the proposals:
Product liability and product support of the proposer and Up to 10
the proposer's goods or services, including references points
Extent to which the proposed helicopter meets or exceeds Up to 30
the City's needs points
Warranty Up to 10
points
Delivery timeframe Up to 10
points
Quantity of airframes completed as law enforcement Up to 15
helicopters for US based law enforcement agencies in the points
last 60 months
Total long-term cost to the City to acquire,maintain,and ]�Upto25�
operate the proposer's helicopter points
The City received two proposals. The proposals were evaluated by a panel made up of representatives from the Police Department and the
Aviation Department. It was determined that the patrol/observation helicopter best suited the Police Department's needs. Bell Textron Inc.
(Bell)received a higher score for the patrol/observation helicopter through the evaluation process; therefore, staff recommends awarding a
contract to Bell for the purchase of a Bell 505 helicopter. The contract price is as follows:
Bell 505 Aircraft, Kits,and Customization $2,415,690.00
Purchase and Installation of Technology Equipment $ 1,709,011.00
Bell Training Course $ 244,800.00
Maintenance Tooling 1$ 94,807.00
Total $4,464,308.00
Bell will provide a 3-year/2000-hour warranty. It is anticipated that the helicopter will be delivered in November 2020.
The funding for the purchase will come from funds from the Crime Control and Prevention District(CCPD)and unused police capital funds.
Funds from the CCPD
The Crime Control and Prevention District Board approved funding of$3,600,000.00 for the purchase of a helicopter.The City Council approved
the funding for the helicopter in 2016 and 2017(M&C G-18795, Resolution Number 4675-09-2016,and M&C G-19095).
Unused Police Capital Funds
The remaining$876,808.00 will come from unused police capital projects from 2016 as detailed in the FY2016 Windup M&C(G-18828). In 2016,
$2,650,000.00 was allocated to cover the costs of various police capital projects, including an upgrade to the police in-car video system. This
project was later funded by an alternate funding source leaving$876,808.00 available to use towards the purchase of the police helicopter.
MWBE Office-A waiver of the goal for MWWBE subcontracting requirements was requested by the Purchasing Division and then approved by the
M/WBE office, in accordance with the BDE Ordinance, because the purchase of goods or services is from sources where contracting or supplier
opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies upon approval of the above recommendations,execution of the contract,and adoption of the attached
appropriation ordinance,funds will be available in the General Capital Projects and CCPD Capital Projects Funds Police-Helicopter project. Prior
to an expenditure being incurred,the Police Department has the responsibility of verifying the availability of funds.
Submitted for City Manager's Office by. Kevin Gunn 2015
Originating Business Unit Head: Reginald Zeno 8517
Edwin Kraus 4212
Additional Information Contact: Cynthia Garcia 8525
Jack Dale 8357