Loading...
HomeMy WebLinkAboutContract 61960CSC No. 61960 FORT WORTH, N* VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home -rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and CNC TECHNOLOGIES, LLC ("Vendor"), a California Limited Liability Company, acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." 1. Scope of Services. The purchase, training and installation of Police mission equipment for the new 2024 Bell 505 Helicopter. ("Services"), which are set forth in more detail in Exhibit "A" ("Scope of Services"), attached hereto and incorporated herein for all purposes. 2. Term. The Initial Term of this Agreement is for three year(s), beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier in accordance with this Agreement. 3. Compensation. 3.1 Total compensation under this Agreement will not exceed one million eight hundred ninety-six and forty-nine dollars and thirty-one cents ($1,896,049.31). 3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251 of the Texas Government Code) and the provisions of this Agreement, including Exhibit `B" ("Payment Schedule"), which is attached hereto and incorporated herein for all purposes. 3.3 Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. Termination. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with at least 30 days' written notice of termination. 4.2 Non-Abbrooriation 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 Vendor of such occurrence and this Agreement will 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 1 of 20 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination, and Vendor will 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, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will 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. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents, and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third parry without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas, and all documents held or maintained for 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 will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure to the Texas Attorney General. 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. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete, or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement 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, including, but not limited to, all electronic records of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Indeuendent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement and not as an agent, representative, or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations Vendor Services Agreement Page 2 of 20 and activities and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants, and employees, and Vendor and Vendor's officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a co -employer or a joint employer of Vendor or any of its officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor, will be entitled to any employment benefits from City. Vendor will 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 contractors. 8. Liability and Indemnification. 8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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 VENDOR, ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, 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, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, REPRSENTATIVES, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION - VENDOR AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR ACTIONAGAINST CITY FOR INFRINGEMENT OFANYPA TENT, COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM CITY'S USE OF SOFTWARE OR DOCUMENTATION IN ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE, OR PAY WILL NOT APPLY IF CITY MODIFIES OR MISUSES THE SOFTWARE AND/OR DOCUMENTATION. SO LONG AS VENDOR BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST CITY PURSUANT TO THIS SECTION, VENDOR WILL HAVE THE RIGHT TO CONDUCT THE DEFENSE OFANYSUCH CLAIM OR ACTIONAND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM, HOWEVER, CITY WILL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCH SETTLEMENT, NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO PROTECT CITY'S INTERESTS, AND CITYAGREES TO COOPERATE WITH VENDOR 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 Vendor Services Agreement Page 3 of 20 INFRINGEMENT ARISING UNDER THIS AGREEMENT, CITY WILL 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, VENDOR WILL FULLY PARTICIPATE AND COOPERATE WITH CITY IN DEFENSE OF SUCH CLAIM OR ACTION. CITYAGREES TO GIVE VENDOR TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION, WITH COPIES OF ALL PAPERS CITYMAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE FOREGOING, CITY'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES WILL NOT ELIMINATE VENDOR'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 MA TERIALL Y AD VERSEL Y RESTRICTED, VENDOR WILL, AT ITS OWN EXPENSE: (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'SAUTHORIZED USE OF THE SOFTWARE AND/OR DOCUMENTATION, OR (C) REPLACE THE SOFTWARE AND DOCUMENTATION WITHEQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON -INFRINGING SOFTWARE AND DOCUMENTATIONAT NO ADDITIONAL CHARGE TO CITY; OR (D) IF NONE OF THE FOREGOING ALTERNATIVES IS REASONABLY AVAILABLE TO VENDOR, TERMINATE THIS AGREEMENT AND REFUND ALL AMOUNTS PAID TO VENDOR BY CITY, SUBSEQUENT TO WHICH TERMINATION CITY MAY SEEK ANY AND ALL REMEDIES A VAILABLE TO CITY UNDER LAW. 9. Assignment and Subcontracting. 9.1 Assignment. Vendor will 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 will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and assignee will be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate Vendor Services Agreement Page 4 of 20 10.2 (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired, and non -owned. (c) Workers' Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): ® Applicable ❑ N/A $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. General Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers with respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. At least ten (10) days' notice will be acceptable in the event of cancellation due to non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the address below. (d) 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 Vendor Services Agreement Page 5 of 20 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. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances. Rules. and Regulations. Vendor 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 City notifies Vendor of any violation of such laws, ordinances, rules, or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will 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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, or (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: City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail (formerly Energy Way) Fort Worth, TX 76102 With a copy to Fort Worth City Attorney's Office at same address To VENDOR: CNC Technologies, LLC Attn: Ed Van Winkle, Vice President 638 Lindero Canyon Road, Suite 385 Oakland Park, CA 91377 14. Solicitation of Emvlovees. Neither City nor Vendor will, 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 contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the other party. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation or advertisement of employment by either party. Vendor Services Agreement Page 6 of 20 15. Governmental Powers. It is understood and agreed that, by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will 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 will 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 will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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 law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Maj eure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event and an explanation as to how it prevents or hinders the Party's performance as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance the notice section of this Agreement. 20. Headings Not Controlling. Headings and titles used in this Agreement are for reference purposes only, will 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 had the opportunity to review and revise this Agreement and that the normal rule of contract construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument executed by an authorized representative of each party. 23. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Vendor, 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. Vendor Services Agreement Page 7 of 20 24. Counterparts. This Agreement may be executed in one or more counterparts, and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 25. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 26. Immigration and Nationalitv Act. Vendor must 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, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all federal and state laws and establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret, and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation, or fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made - for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title, and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention theret. 28. Signature Authoritv. The person signing this Agreement hereby warrants that they have 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 Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Companv Name or Ownership. Vendor must notify City's Purchasing Manager in writing of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the Vendor Services Agreement Page 8 of 20 specified documentation may adversely impact invoice payments. 30. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 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" have the meanings ascribed to those terms in Section 2271 of the Texas Government Code. To the extent that Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 31. Prohibition on Bovcotting Eneruv Comuanies. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services unless the contract contains a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. The terms "boycott energy company" and "company" have the meanings ascribed to those terms in Section 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 32. Prohibition on Discrimination Against Firearm and Ammunition Industries. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services unless the contract contains a written verification from the Vendor that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity," and "firearm trade association" have the meanings ascribed to those terms in Section 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 33. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file, email, or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. (signature page follows) (remainder of page intentionally left blank) Vendor Services Agreement Page 9 of 20 ACCEPTED AND AGREED: CITY OF FORT WORTH By: William Johnson (S p 9,202407:23 CDT) Name: William Johnson Title: Assistant City Manager Date: Sep 9, 2024 APPROVAL RECOMMENDED By: RobertRobeAlp 6, 202408:57 CDT) Name: Robert A. Alldredge, Jr. Title: Executive Assistant Chief ATTEST: By: Name: Jannette Goodall Title: City Secretary p0490pn obFo�& P!`o I Ovso �ZO �44r4 bEo'000 CNC TECHNOLOGIES, LLC By: Name: Babette Schrank Title: Operations Manager 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 reporting requirements. By: Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Jerris Penrod Mapes Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: (None Required) Date Approved: Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 10 of 20 EXHIBIT A SCOPE OF SERVICES Vendor shall do the following to the City as part of their contract with the agency (as listed in quote #FWPD001908-01 Rev N): • Order all Law Enforcement Mission Equipment. • Provide Aircraft Completion Services (Upfitting) for the 2024 Bell 505 Helicopter to take place at AeroBrigham in Decatur, TX. • Provide Project Engineering and Management. • Provide Extended 24/7 Service, Support & Training. Vendor shall use the steps described below to manage the City Bell 505 completion/upfitting project: • Vendor will provide Project Manager, Larry O'Brien, with experience and expertise deploying similar systems who will be responsible for managing the contract deliverables and communicating with the City project manager and project team. Project Kick Off • Vendor's Project Manager shall conduct a conference call with City to initiate the various activities in the project within two weeks of contract execution. • Vendor's Project Manager and/or technical staff shall conduct an in -person preliminary design review with City at AeroBrigham within one month of contract execution, or as mutually agreed by Vendor and City. Project Status Meetings • Vendor's Project Manager and City's Project Manager will determine an ongoing schedule for regular project status meetings over the life of the completion project. Meetings will be scheduled as agreed by both project managers to meet the needs of City. Deliverables • Vendor's Project Manager will work with the City 's Project Manager to provide the following: o A detailed Project Plan including activities, tasks, and milestones including the date the System will go live and the tasks assigned to everyone that will be used to build a project implementation schedule. The Detailed Project Plan will be used to build a Master Project Schedule with dates and deliverables. The Detailed Project plan will be maintained and updated by Vendor on a continuous basis. o A System Architecture Document that Vendor shall produce and obtain approval from City. o A list of mission equipment specifications. o Minutes from the Project Management Meetings will be provided in an agreed upon format for the life cycle of the project. o A Milestone Acceptance Form will be signed by Vendor and City when deliverables are performed by Vendor /AeroBrigham, as required for periodic milestone payments. o A User Training and Transition Plan on how to train end -users and administrators as well as a plan to transition any administrative tasks to City. o A User Acceptance Test Script that will be executed by City for official System user acceptance. o Completed Aircraft delivery to City in fully operational condition. o Warranty support as required by City. Vendor Services Agreement Page 11 of 20 EXHIBIT B PAYMENT SCHEDULE Payment Payment Activity or Task Completion Percentage amount 1 Final execution of City Secretary Contract 10% $ 189,604.93 Order Police Mission equipment approximately four months 2 prior to Bell helicopter arrival 40% $ 758,419.72 Aircraft Arrival @ AB Facility Perform short or long term storage requirments Perform Preliminary Design Review Create Workbook for Project Perform Preliminary Inspection Perform Inventory of equipment and aircraft records Perform Preliminary Pitot Static Leak Check Tag and inventory permanent removals Select locations for installed equipment Disassemble Arcraft Remove Existing Avionics Remove instruments from instrument panel Create Equipment Layout Drawing Install expanded avionics shelf Install PLT/CPLT automatic door openers Create Electrical Drawing for project Fabricate/build tree wire harness Install Meeker spacers for Trakka SL Install Meeker upper/lower dovetail sets (Troll/MX) Install Minipod II Install tree wire harness Modify pedestal Install AEM digital audio system Install center console kit Install (2) cup holders in cockpit Install header hanger/hook/PLT/CPLT/PAX Install CFE MX LAP Approximately 7 weeks after "Aircraft arrival at AB facility" and 3 progress payment #2. 15% $ 284,407.40 Fabricate baggage compartment divider w/fan Install baggage avionics rack Install mission master switch Install 8X8 video switch Vendor Services Agreement Page 12 of 20 Install Troll LB2 transmitter Install CFE MX 10 equipment w/cable kits Install Sierra Wireless (MP70) Router Install (3) Antcom antennas Install programmable user preset switch Install night scanner Install MB 17W tactical display Install ARS 750 w/keyboard Install expanded instrument panel with A/C Install skyline GPS antenna Approximately 7 weeks after "Install CFE MX LAP" and 4 progress payment #3. 15% $ 284,407.40 Install TLX Searchlight w/CIU Install GRA 55 RAID ALT provoisions Install ADSB Lock w/annunciator switch Aerodynamix NVG evaluation Install GTR 255B COM w/Antenna Install GTX 345R Transponder Install TDFM 9000 Series Transceiver Install AEM Loud Hailer system Install NVG cockpit lighting w/map light Install battery kill switch Install USB power plug in cabin Approximately 6 weeks after "Install skyline GPS antenna" and 5 progress payment #4. 10% $ 189,604.93 Ring out wire harnesses Power check wire harnesses Secure wire harness for installation Perform 91.411/91.413 ShotOver remote -in projected date Electrical drawing corrections/approvals Configure/test avionics equipment Configure/test mission equipment Reassemble aircraft Weight aircraft Clean/Wash aircraft CNC config/testing Conduct test/Acceptance flights IApproximately 4 weeks after "Install USB power plug in cabin" Final and progress payment#5. 10% $ 189,604.93 TOTAL $1,896,049.31 Vendor Services Agreement Page 13 of 20 EXHIBIT C QUOTE C CNC, Technologies command & control CNC Technologies, LLC QUOTE NO. FWPDO01908-01 Rev N 638 Lindero Canyon Rd. Suite 385 DATE 07/16/2024 oakPaik, CA 91377 CUSTOMER ID FWPD EXPIRATION DATE 09/15/2024 'TO: Fort Worth Police Department ITEM# QTY DESCRIPTION UNIT PRICE LINE TOTAL PWPD - Bell 505 AMS MX-10 Small Multi -Sensor, Multi -Spectral Imaging, S stem YJescam Iva-10 Gen IV > Precision stabilized gimbal with. inertial measurement unit (IMU) inside > Integrated electronics unit HD digital and analog video output. > Multi Sensor Payload 1) Thermal imager, cooled MWIR, SD 640x 512 pixel, continuous zoom. 2) Color daylight imager, HD 1920 x 1080 pixel, continuous zoom. 1 1 > Advanced real time image processing on all sensors 347,348 90 1 347,348 90 > Hand controller unit (HCIJ), backlit, NVG compatible, with 1.8m (6') -old, bracket and shipping case. > Transit Case > Operator Manual > System Paint Color black semi gloss (FED-STD-595C. Color Code H 02(j) HDIR-MX10 Thermal Imager 2 1 > Cooled MWIR, HD 1280 x 720 pixel, continuous zoom 66,030 68 66,030 68 > Replaces SD thermal imager 3 1 L+iectro Vpur Narrow (t,_bq) Lllay Tx camera/ spotter 51,586.47 51,586.47 > Spotter, Color HD 5 megaplxel, 300mm focal length. Advanced Video Tracker (AVT) 4 1 Advanced Video Tracker (A -VT) 35,072 80 35,078.80 > Functions on any imaging sensor video > Includes AVGT mode when purchased with MX-GEO Lowhght Imager 5 > 1092x 614 pixel, dual -channel with color daylight imager 1 25,793.24 25,793.24' > Monochromatic, near-IR sensitivity > Wide angle zoom optic MX-GEO with internal GFS 6 1 >Geo-referenced target location 20,63459 $ 20,63459 > GPS includes antenna and embedded recer7er -Remose control subsystem (RCS) interface 7 1 > Control turret by a host computer / mission system 9,801.43. 9,801.43 > Supported on one of RS-422, Ethernet or MIL STD-15531c port MX-10 Metadata 8 1 Embedded, Key Length Variable (KLV) Format 9,801 43 9,801 43 > Embedded in SMPTF292 7ideo stream We- Ancillary Item and Cable Mts Quote Prepared By: CNC Technologies, LLC Page I of 5 Vendor Services Agreement Page 14 of 20 BULKHEAD CONNECTOR KIT MX-10/10D/GS/MS/RSTA BULKHEAD CONNECTOR KIT Includes the following bulkhead mating connectors; > BULK-Pl Primary > BULK J1 Primary 9 1 > BULK-P2 Signal 5,15865 5,158.65 > BULK J2 Signal > BULK-P3 Video > BULK J3 Video Notes • BULK-P4/J4 GPS connectors are not included • Backshells are not included MX-10/GS/MS/RSTA STRAIGHT THROUGH INTEGRATOR CABLE KIT Integrator Cable Kit for Straight Through applications, complete with a set ofuntermmated cable bundles with standard connectors, contacts and straight backshells supplied: > MX-10 Primary Turret Cable (10m) 10 1 > MX-10 Enhanced Communications Cable (10m) 17,96268 17,96268 > MIS-10 Enhanced Video Cable (10m) Notes: - Cable drawings provided for integrator installation • Designed for 1\,X-10 LAP 44939-01 • Included 90 degree backshells Purge Kit / Operational Maintenance Kit > Pelican Storage Case > Airhose with 1/4'' End Fitting > Absolute Pressure Reducing Regulator 11 1 > Pressure Guages (2 $ 4,745.96 Optional > Schrader Valve Socket One Kit required per operational location QUOTED AS OPTIONAL PURGE ADAPTER, MX-10 > Recommended for MX-10 in high dew point environments 12 1 > Includes Service Bulletin 400103 61903 Optional QUOTED AS OPTIONAL Wescam Training MX-,Learn-60 eL-rhing 13 1 Operation/Organization Maintenance Training Included Included One license free with each order for MX-10 system(s) 60 Day Product License Wescam Warmnty Extension JL Extended Warranty, 12 Months Year 3 > 12 months or 500 system operational hours, whichever occurs First 14 1 within the extended warranty period. 28,631 98 Optional > Effective after end of previous warranty period. QUOTED AS OPTIONAL Extended Warranty, 12 Months Year 3 > 12 months or 1000 system operational hours, whichever occurs first 15 1 within the extended warranty period. $ 45,986.20 Optional > Effective after end of previous warranty period. QUOTED AS OPTIONAL Mapping System JIL .ARS-750 Augmented Reality Mapping System (ATOM 2) 16 1 Mission Computer for use with Wescam 151,800 00 $ 151,800 00 > Includes CONN-ATOM2, Mating Connector Kit 17 1 NVIS-KEYBOARD 2,530 00: 2,530 00 ;LTE/W iFi Router - 5 ports, 4G/3G 18 1 l> Note Requires Customer supplied sim cards Recommend two (2) with 5,17500 $ 5,175 00 1 two (2) different carriers per aircraft 19 3 Antcom 3G/40 Aviation External Antenna $ 1,380.00 4,140.00 Additional Required Accessories iBX8 Rugged 3-G SDI Video Switch 20 1 > Includes Switch Installation Kit with Ethernet PN SK03 21,186 00 21,186 00 Quote Prepared By: CNC Technologies, LLC Page 2 of 5 Vendor Services Agreement Page 15 of 20 21 Programmable User Preset Switch 1 S 2,323.00 1 2,323.00 > Vivisun Annunciator Switch RTX ARINC 429 SERIAL PORT ADAPTER 22 1 > Configured with 2 Transmit Channels and 2 Receive Channels. 2,47900 1 2,479 00 > PH: RTX429/SPA5-2T2R Monitor(s) MACRO -BLUE 17.0'' Q-Sues Display P/N MB17W - N33040B00 > Q-Series Display, 17.0'' Widescreen, 10:10 Aspect Ratio, Landscape Orientation > NVIS, Dual Mode Lighting (NVIS/Day), Meets MIL -STD 3009 > PCAP Touch Screen , Works with gloves or bare fingers > Built In Dual Knob Controls with NVIS Backlighting 23 1 > (4) 3G HD -SDI Video Inputs 28,74425 1 28,74425 > 1920 x 1200 W UXGA Native Resolution , 1200 NITS Brightness > Meets MILrL85762A for Sunlight E—clibility and Contrast Ratio > DO160-G Qualified 20 Software Installed: Instant Switching between Sources, Multiple Views, Dual Source Toucharmen USB Programming and Seance Port 3 Year Standard Warranty Parts and Labor Q-SERIES DISPLAY INSTALL KIT 24 1 J1 (Power and Comm) Q-Series 345.00 345.00 (1) 528-001-16MI1-19SA Circular Connector (2) 528-809SO60-3 Boot Shrink Airbome Mini2 6.5GHz DL System SkyLink LinlzBox2 Transmitter 6.4/6.5 GHz Transmitter System with Antenna Control > Band C > Frequency: 6400 - 6500 MHz > Power: 8W linear 25 1 > Video Inputs: - (SD/HD) SDI - Ethernet 74,640.75 74,640.75 > Power Outputs- Two (2) 28 VDC Switches- Three (3) 12 VDC Switches - 100 Watt max power > Five (5) external Ethernet ports > Includes Mounting Tray SLrLB-MT-02 (SL-LB-MT-GIRD for Dual Radio Systems, additional cost) SlryLmk Mini 2 w/ Downlook SkyLink MINI II, high performance directional antenna with Internal INS > Stand-alone Antenna with built-in servo drive -May be controlled from C90/100 or customer supplied control system (not included) > Small and lightweight > Internal INS 26 1 > Frequency: 6.5 GHz $ 71,742.75 1 71,742.75 > Az/EI control > Includes slip rings > SkyLlnk MINI Coupler Assembly, with Downlook Antennas > In -line 6 dB Coupler > Integrated Downlook Antenna for 6.5 GHz > 75/25 split (HG/DL) > One (1) circulator ,LinlrBox2 and Mini2 or S Installation Connector Kit > Connectors for - Power and Comms from LinkBox to Mini 27 1 - Power to L 1,13va 3,248.75 3,248.75 -Auxiliary and Ethernet - Audio and HDMI > Cable termination instructions 28 1 TS LinkBox and SkyLink Antenna Control Software 4,05950 4,059 50 29 1 Remote Interface Protocol Driver and Software 8,113.25 8,11325 30 1 GPS Antenna for Antenna Pod 2,200 00 1 2,200 00 Mounts 31 DT-1-1 / DT-1-11 DOVETAIL SET 2 7,375.00 14,750.00 > For Wescam and Troll 32 1 AP407LTMOI-38 Wedge / Upper Dovetail Kit 5,93750 1 5,937 50 > For Trakka Trakka TLX S—tifi ht TLX Searchlight with CIU 33 1 > MKIII Power Conditioning Interface Unit (PCA)) 123,503.75 123,503.75 Quote Prepared By: CNC Technologies, LLC Page 3 of 5 Vendor Services Agreement Page 16 of 20 > Controller Configuration - Option 2 -MKIII Control Interface Unit (CIU) - Flight Control Interface - TLX Grip Hand Controller - Back Lit > TLX Standard Cables MKII/MKIII > Spectral Filters for Filter Wheel -IR, 825 nm Filter - Visible Near Red Filter - Amber Filter - Blue/Green Filter (Optional pending customer requ¢ement) > PCIU and Grip Controller Mounting > Pelican Cases iAircraft Installation Ancraft Mission Suite Intstallation > Installation of all airframe reconfiguration items - Open and Close Aircraft/paint touchup -Automatic Door Openers for Pilot & CO -Pilot - Modify Pedestal - Expanded avionics shelf - Expanded Instrument Panel with Air -Conditioning -Meeker Upper and Lower Dovetail Sets (x2) (Wescam and Troll) - Meeker Spacers for Trakka - Quick Release Pins Crew Door 293,134.95 293,13495 - Center Console Kit - Place a—raft/engine in intermediate storage remove from storage - Relabel power distribution panel - Baggage Compartment Divider and Cooling fan - Baggage Bay Avionics Rack - Two Cup Holders in Cockpit - Headset Hanger/ Hooks Pilot, Co -Pilot, and rear seats - Install Night Scanner Aircraft Mission Suite Intstallation > Installation of all included Avionics equipment and Airborne Mission Suite (AMS) equipment - EO/IR Sensor Equipment L3 WesCam MX-10 (includes Gimbal, Hand Controller and External Cables) - Churchill ARS-750 Augmented Reality Mapping System (ATOM 2) Mission Computer for use with WesCam -w- NVIS Keyboard and SW-LTE-70 Sierra Wi-Fr (Wi-Fi Router Provided Loose) - Install 3EA LTE Antennas - Install 8x8 Rugged 3-G SDI Video Switch (includes install kit SK03) - Install Programmable User Preset Switch - Install RTX ARINC 429 Serial Port Adapter -MACRO-BLUE 17.0'' Q-Series Display - SkyLank LmkBox2 Transmitter - SkyUnk Mini 2 w/ Down look - SkyLenk Installation Connector Kit & COS Antenna -TLX Search tight with CIU Trakka - Radar Altimeter — Gamin GRA55 - Radar Altimeter — provisions - Second VHF Comm — Garmin GTR 225B - Second VHF Comm antenna -AEM LS System / 15OW Speaker (Qty 2) with LCS-22 Siren Controller, LSA400 Amptifter -Mission Master Switch - NEC Cockpit Lighting (Aero Dynamix) W/ QTY 1 Map Light - Pilot & Co -Pilot Foot Switch ICS/XMIT Transceiver—TDFM-9100 Project 90598 - Install Transponder - Dual USB power plug installed in the cabin - Eagle A—mcs System 3 Control Panels & Eagle Copters G13000 Digital Audio Router - Install APSE Lock out with lighted annunciator - Weigh Aircraft - DER services to support approvals Aircraft Mission Suite Intstallation Loose Items: > Four (4) David Clark H10-13H Headsets > Four (4) Coms Innovations part number CIX415VK3-6P Headset 35,44965 35,449 65 Extension Cords > Foxcart GPU 1500 Battery Cart > Eighteen (18) additional sets of cabin &locking fuel cap keys Project Engineering Management & Support - Aircraft 'Project Engineering Management (Per Aircraft) > Complete System Design $ 75,500.00 75,500.00 > Full AMS Drawing Package Quote Prepared By: CNC Technologies, LLC Page 4 of 5 Vendor Services Agreement Page 17 of 20 > Engineering Support > Installation Support > AMS System Training > Final System Commission > System Support-1 Year (See Belo,) Extended 24/7 Service, Support &Training Extended 24/7 Service, Support and Training Includes: > Oversight and coordination of Aircraft Mission Suite Equipment > 24/7/365 live technical support > Unlimited service calls with a tech on -site within 3 business days of repair request > On -site system and operational training for agency personnel. > Comprehensive and ongoing training to operate mission suite solution with maximum ease and efficiency 38 1 > Training courses are done at CUSTOMER facility with CUSTOMER equipment and offer a hands-on learning experience that includes an in-depth renew of all equipment, system functionality, user interface, and routine maintenance procedures. > Valid transfers of OEM factory warranties from new equipment > All parts and labor to repair or replace defective components covered by Factory warranty plus expedited factory service from OEMs (Phis does not apply to systems out ofwarranty) > Technical and operational consultation services for Local, State and Federal agencies 39 1 Year 1 Included Included > Included Shipping 40 1 SHIPPING 12,500 00 12,500 00 > Estimated Trade In Credit AIRCRAFT TRADE IN >Fort Worth PD trade-in Aircraft > 1996 Bell206B3. N911FW - Pending onsite evaluation of aircraft and maintenance records - List o f major airframe components provided on 02/14/24 -Estimated Value: $74,905 > 2003 Bell 206133, N206FW 41 1 - Pending onsite evaluation of aircraft and maintenance records $-179,810.00 1-179,810.00 - List o f major airframe components provided on 02/14/24 -Estimated Value: $74,905 > W escam MX-10 Gen I - Wescam in good working condition - Estimated Value: $30,000 Note: Aircraft and Equipment to be stored by FWPD until sold by CNC or until new Completed Bell 505 Delivery Discount 42 1 'Discount > 3 Y/ Courtesy Discount, $75,390 1-75,390 00 1-75,390.00 43 1 Discount > Additional $39,050.51 discount to meet FWPD budget 1-39,050 51 1-39,050.51 Notes 44 1 NOTES TOTAL $ 1,896,049.31 Quote Prepared By: CNC Technologies, LLC Page 5 of 5 Vendor Services Agreement Page 18 of 20 EXHIBIT D Milestone Acceptance Form Exhibit D (Milestone Acceptance Form) will be executed to record progress of CNC Technologies, LLC purchase, training and installation of police mission equipment listed in Exhibit B (Payment Schedule) and Exhibit C (CNC Quote FWPDO01908-01 Rev N). CNC Technologies and the Police Department will meet (virtually or in person) monthly at a minimum, more frequently if needed, to discuss ongoing contract activities. The meetings must be conducted and a Milestone Acceptance Form fully executed before a progress payment will be made to CNC Technologies by the City. The Milestone Acceptance Form may be used to record any other completed tasks/activities as agreed by both parties. (milestone acceptance form page follows) Vendor Services Agreement Page 19 of 20 EXHIBIT D MILESTONE ACCEPTANCE FORM Services Delivered (add attachments if needed): Milestone / Deliverable Ref. #: Milestone / Deliverable Name: Installation/Testing Completion Date: Milestone / Deliverable Target Completion Date: Milestone / Deliverable Actual Completion Date: Approval Date: Comments (if needed): Approved by CNC Technologies, LLC: Signature: Printed Name: Title: Date: For Police Use Only Contracted Payment Amount: Approved Payment Amount: Approved by Executive Assistant Chief, Police: Signature: Printed Name: Robert A. Alldredge Title: Executive Assistant Chief Date: Vendor Services Agreement Page 20 of 20