HomeMy WebLinkAboutExhibitPROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this day of
, 2005 (but effective as of
) by and between the City of Miami, a municipal corporation of the State
of Florida ("City") and American Eurocopter, LLC, a limited liability corporation under the laws
of the state of Texas ("Provider") authorized to transact business in the state of Florida.
RECITAL
A. The City has issued a Request for Proposals ("RFP") for the provision of
procuring a helicopter aircraft ("American Eurocopter EC 120B") and Provider's proposal
("Proposal"), in response thereto, has been selected as the most qualified proposal for the
provision of procuring an American Eurocopter EC120B. The RFP and the Proposal are
sometimes referred to herein, collectively, as the Solicitation Documents, and are by this
reference incorporated into and made a part of this Agreement.
B. This agreement consist of Attachment "A" which contains proposer's helicopter
aircraft specifications and final negotiated terms and conditions (which differs from those
submitted in their proposal) , but only to the extent that it is not in conflict with this Agreement
and the City of Miami Request for Proposals for the procurement of helicopter aircraft (RFP No.
04-05-091). When a conflict exists between the proposer's proposal or final negotiated terms
and conditions and the City of Miami Request for Proposal or this Agreement, the terms and
condition contained in the City of Miami Request for Proposal or this Agreement shall prevail.
) \Via% l /) L/
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement and delivery of the American Eurocopter
EC 120B shall not exceed six (6) months commencing on the effective date hereof.
3. SPECIFICATIONS:
A. Provider agrees to deliver the American Eurocopter EC120B helicopter aircraft as
specifically described, and under the special terms and conditions set forth in Attachment "A"
hereto, which by this reference is incorporated into and made a part of this Agreement.
B. Provider represents and warrants to the City that: (i) it possesses all
qualifications, licenses and expertise required under the Solicitation Documents to design, build,
and deliver the American Eurocopter ECI20B; (ii) it is not delinquent in the payment of any
sums due the City, including payment of permit fees, occupational licenses, etc., nor in the
performance of any obligations to the City; (iii) all personnel assigned to design, build, and
deliver the American Eurocopter EC 120B are and shall be, at all times during the term hereof,
fully qualified and trained to design, build, and deliver the helicopter aircraft; and (iv) same will
be performed in the manner described in Attachment "A".
4. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rates and schedules described in Attachment "B" hereto, which by this reference is incorporated
AgreementHelicopter(Final).doc
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into this Agreement; provided, however, that in no event shall the amount of compensation
exceed $1,670,413.00.
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed. If Provider is entitled to reimbursement
of travel expenses {i.e. Attachment "B" includes travel expenses as a specific item of
compensation], then all bills for travel expenses shall be submitted in accordance with Section
112.061, Florida Statutes.
5. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
6. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
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B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the manufacturing and delivery of helicopter aircraft required to be provided by Provider under
this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if
applicable. Provider shall make available to the City all reasonable facilities and assistance to
facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of Section 18-1QQ(b)
of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time
to time.
7. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
8. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
Agreementiielicopter(Final).doc
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keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and
ordinances as they may be amended from time to time.
10. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or
death of any person or damage to or destruction or loss of any property arising out of, resulting
from, or in connection with (i) the performance or non-performance of the design, build, and
delivery of the helicopter aircraft contemplated by this Agreement which is or is alleged to be
directly or indirectly caused, in whole or in part, by any act, omission, default or negligence
(whether active or passive) of Provider or its employees, agents or subcontractors (collectively
referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part
(whether joint, concurrent or contributing) by any act, omission, default or negligence (whether
active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply
with any of the paragraphs herein or the failure of the Provider to conform to statutes, ordinances,
or other regulations or requirements of any governmental authority, federal or state, in connection
with the performance of this Agreement. Provider expressly agrees to indemnify and hold
harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted
by an employee or former employee of Provider, or any of its subcontractors, as provided above,
for which the Provider's liability to such employee or former employee would otherwise be
limited to payments under state Workers' Compensation or similar laws.
11. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
AgreementHelicopter(Final).doc
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occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to design,
build and deliver the helicopter aircraft within the time provided or contemplated herein, then, in
addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City
in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by
the City in the re -procurement of the helicopter aircraft, including consequential and incidental
damages.
12. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $25,000, or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation or (90) days if City Manager's decision is subject
to City Commission approval); or (iii) City has waived compliance with the procedure set forth
in this section by written instruments, signed by the City Manager.
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13. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Provider at least five (5) business days prior to the effective
date of such termination. In such event, the City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall the
City be liable to Provider for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in default under this Agreement.
14. INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force
and effect and providing that it will not be canceled during this contract without thirty (30)
calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed
with the City prior to the performance of services hereunder, provided, however, that Provider
shall at any time upon request file duplicate copies of the policies of such insurance with the
City.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Provider of an amount of coverage different from the
Agreemen tHelicopter(Fina1).doc
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amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Contract shall be considered terminated on the
date that the required change in policy coverage would otherwise take effect.
15. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
16. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume of City
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of
which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall
have the right to terminate and cancel this Agreement, without notice or penalty to the City, and
to eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false of misleading information as
to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
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17. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
18. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER:
American Eurocopter LLC
Attention: Larry Roberts,
Vice President, Commercial Affairs
2701 Forum Drive
Grand Praire, TX 75052
C: Chief of Police
Miami Police Department
400 N.W. 2 Avenue
Miami, FL 33128
and
19. MISCELLANEOUS PROVISIONS:
TO THE CITY:
City of Miami
Attention City Manager
444 S.W. 2nd Avenue
Miami, FL 33130
City Attorney
City of Miami
444 S.W. 2 Avenue
Suite 945
Miami, FL 33130
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any legal or administrative proceedings shall be in Miami -Dade County,
Florida. In order to expedite the conclusion of any legal or administrative proceedings the parties
knowingly and voluntarily waive their right to demand a jury trail or to file permissive
AgreementHelicopter(Final),doc
counterclaims in any such proceeding between them. The parties shall each bear their own
attorney's fees.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
20. SUCCESSORS AND ASSIGNS: -- This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
21. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to design, build, and deliver a helicopter aircraft to the City as an independent
contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain,
nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the
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City, nor any rights generally afforded classified or unclassified employees. Provider further
understands that Florida Workers' Compensation benefits available to employees of the City are
not available to Provider, and agrees to provide workers' compensation insurance for any
employee or agent of Provider rendering services to the City under this Agreement.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
23. REAFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents.
24. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
25. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
"City"
CITY OF MIAMI, a municipal
ATTEST: corporation
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By:
Priscilla A. Thompson, City Clerk Joe Arriola, City Manager
ATTEST:
"Provider"
American Eurocopter LLC,
a limited liability corporation under the laws of the
state of Texas
By:
Signature Larry Roberts, Vice President and Commercial
Print Name: Affairs
Title: Corporate Secretary
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorge L. Fernandez Dania F. Carrillo
City Attorney Risk Management Administrator
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ATTACHMENT A
Miami Police Department EC120B
0 american
eurocopter
an EAOS Company an EADS Company
Specifications
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
A. AE Aircraft Definition
AE proposes the EC 120B to cost effectively best fulfill the needs of the Miami Police
Department. The ECI2OB offers:
1. Exceptional visibility in all directions from all five seating positions.
2. A spacious and comfortable cabin, completely unobstructed with no posts or
protrusions, and a completely flat floor form the cockpit to the rear of the baggage
hold.
3. A large baggage area of nearly thirty cubic feet, with several possibilities of
access through side and rear as well as through cabin communication panel.
4. Crashworthy seats (crew and passengers) and fuel system which meet the latest
FAA requirements.
5. Unsurpassed cabin flexibility to permit rapid reconfiguration to accommodate
differentiating missions, equipment packages, crew complements, or passenger or
observer arrangements.
6. The latest all composite, hybrid, main rotor blades, featuring on -condition
maintenance and exceptional performance, efficiency and lowest sound levels in
its class.
7. An innovative, shrouded fenestron tail rotor system featuring eight
asymmetrically spaced blades for exceptional performance and exceptionally low
sound levels.
8. Simple fuel, electrical, and hydraulic systems which require little or no pilot
intervention for safe operation.
9. A Vehicle and Engine Multifunction Display (VEMD), which centralizes the
primary and secondary engine displays, simplifies pilot workload by
automatically computing and displaying synthesized data (First Limit Indication
(FLI), eliminating the need for the pilot to continuously scan a series of
conventional displays. Automates such functions as engine power checks,
computing hover performance, engine cycle counting and exceedance recording.
10. Improves flight safety with systematic provision for report listing failures that
occurred in flight and limitation exceedances, if any.
1 1 . Lowers direct operating costs (DOC) by replacing a series of conventional gauge
displays, thanks to its modular design.
The EC120B is designed for ease of maintenance and servicing, with a simple, modular
design. All intermediate maintenance on main and tail rotor gearboxes can be performed
at the field level, with a minimum of special tools and equipment. All cowlings are easily
operable or removable without tools. The EC120 offers operators the possibility of
performing most of the maintenance operations themselves, on the airframe as well as on
the engine. Repairs can be made by either replacing modules or components. Moreover,
only a few tools are required to carry out these tasks.
V
400 american
eurocopter
an EADS Company EADS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
The flight -related inspections can be carried out by the pilot; up to and including the 100-
hour inspection. There are only four types of scheduled inspections 100 hour or 12
months, 500 hour or 24 months, 1500 hour or 72 months, or 144 months, whichever
occurs first,) thus eliminating the major inspection requirements.
As specified per the minimum requirements in the RFP (pages 7-11):
Section A
1. American Eurocopter proposes a year 2005, new EC120B. The EC120B is a
single turbine engine helicopter that accommodates 5-place/ 4-passenger seating.
2. The aircraft will include a left hand sliding door.
3. The pilot and co-pilot will each have energy -attenuating seats.
4. The rotor brake is standard equipment on the EC120B.
5. Long Boarding Steps is standard equipment on the EC120B.
6. High Skid Gear with boarding steps is standard equipment on the EC120B.
7. Seating will consist of leather seats with custom colored fabric inserts.
8. A ground power electrical receptacle will be installed.
9. Dual Controls (Pilot / Co-pilot) will be installed,
10. Multifunction Pilot Cyclic will be installed.
11. A collective activated hourmeter will be installed.
12. An air conditioning system will be installed.
13. Dual ground handling wheels will be installed.
14. The Spectrolab SX-5 (complete) will be installed.
15. Belly strobe lights will be installed.
16. Short -length carbide skid shoes will be installed.
17. A DVR recorder for the FLIR 8000 unit will be installed.
18. One engine wash device will be included.
19. The blades will be painted with hi-vis rotor paint.
20. Tinted windows (excluding windshield) come standard.
21. The BMS Downlink System will include:
a.BMS Helicopter Transmit System 6.4-GHz
b.BMS Potable Briefcase Receiver
c.BMS HHR24-9P-A Skylink Receiver
d. FCC licensing at 6.4GHz
22. The EC120B meets all applicable FAA, federal, state and local aircraft
requirements.
23. A three -color paint scheme will be defined upon final configuration.
Section B
1. The EC120 comes standard with day and night instrumentation, which includes a
VEMD.
2. An attitude Gyro will be installed.
3. A vertical speed indicator 2" will be installed,
4. A Garmin GNS430 COM/NAV/GPS system will be installed, including all
necessary Diplexers and antenna.
V
Ameamerican
eurocopter
an EADS Company
an Company
City of Miarni
RFP 04-05-091
Helicopter
Due: 05/22/05
5. A Bendix King KY196A-60 radio with COM antenna will be installed.
6. A Garmin GTX330 Mode-S transponder with antenna a United Instruments 5120-
P1 blind encoder will be installed.
7. A Bendix King KA33-01 blower fan will be installed,
8. An Artex ELT200Hm emergency locator transmitter will be installed.
9. One regular AEC radio master switch will be installed.
10. A Bendix King KCS5SA-01 compass will be installed.
11. Three (3) NAT95 audio panels will be installed (one each for pilot, co-pilot and
rear passengers.)
12. A NAT31 ICS mode select will be installed.
13. Coil cords are standard when purchasing noise -attenuating head sets (next item.)
14. (5) Bose noise -attenuating headsets will be installed. An optional quote is listed
for (5) David Clark noise -attenuating headsets (coil cords are included as standard
in noise attenuating head -sets.)
15. Provisions will be made for CFE 800MHz Astro W-7 Motorola Police Radio with
a Comant CI306 antenna. A NAT AA34-300 sidetone amplifier and a KGS
UC28-14 28-14 VDC converter will be installed.
Section C
Three main contributions in technology allow the EC 120B to fly at
6.6dBA under the ICOA noise limits of 78.7dBA, well below any
other helicopter in its class.
1. The anti -torque system consists of a shrouded third generation "Fenestron"
featuring eight (8) asymmetrically spaced blades, which
significantly reduce sound emission
2. The engine air intake is now located under the cowling.
3. A new technologically advanced generation of main blades.
Section D
As indicated in the picture on the
right, the EC120B's Energy
Attenuating Seats surpass all
equivalent helicopters in its class
by complying with JAR 27 (20G's)
standards.
The fuel tanks, pictured below, with their surrounding structure were successfully drop
tested from a fifty -foot height, eighty percent full, without leakage in accordance with the
FAA crash resistance requirements.
V
american
eurocopter
an EARS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
Cra shwort h y fuel system
The EC120 B is in
compliance with the new
paragraph 27-952 of the JAR
27.
The EC120B anti -torque system consists of a shrouded third generation "Fenestron"
featuring eight (8) asymmetrically spaced blades that are enclosed with the rotor blade to
prevent accidental injury. The Fenestron, tail and main rotor system are made from
corrosion resistant materials.
The shrouded third generation "Fenestron" listed in Section C not only
significantly reduces sound emission, but also acts a safety device for
passengers, for landing in confined areas and for safety against FOD.
Section E
Iitc •
Field of view
The design of the EC120B makes it the most versatile
aircraft in its category. The wide cabin (with no
bulkhead) provides a spacious and comfortable cabin,
completely unobstructed with no posts or protrusions
and allows it to be the ideal tactical aircraft for a
multitude of missions.
As noted in the pictures on the right, there is exceptional
visibility in all directions from all five seating positions
position in the EC120B. The spacious cabin and great
visibility make the EC120B favorable as a light
observation surveillance platform, yet it still remains its
functionality of being able to transport passengers such as
Incident commanders, crime Scene Photographers, Claim
Adjusters, VIP's, SWAT and K-9 tactical officers.
Section F
The EC 120 has a useful load of 1,655 lbs. This useful load will accommodate the
specified equipment in the RFP and the flight crew as specified in the RFP.
V
american
eurocopter
an EAOS Company
an SADS Company
More Pilot Safety (VEMD)
Understanding the City of Miami stressing safety in the
RFP, it is important to note that the EC120B contains the
latest in technology including a Vehicle and Engine
Multifunction Display (VEMD). The VEMD, which is
easy to maintain thanks to its modular design, is a fully
duplex piece of equipment which displays on LCD
screens three operating modes: operational mode,
configuration mode, and maintenance needs all of which
decreases pilot workload and making easier and safer to
concentrate on the mission at hand. Please reference Attachment E for diagram -based
information regarding the VEMD.
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
B. Component Literature
As per the Configuration detailed in Section VI, American Eurocopter recommends the
City of Miami to consider:
I . Upgrading to the best FLIR technology available, the FLIR 8500 at an
additional cost of $34,638
2. Using David Clark noise -attenuating headsets, saving the city $3,469
3. Upgrading to Full -Length Carbide Skids Shoes for an additional $2,489
4, Continuing to think of the safety of the crew, the purchaser has already thought
of Energy Attenuating Seating, AE recommends the City to install a (Complete)
Wire Strike Protection System that will service to help protect over 75% of the
front of the aircraft if struck by a wire at a cost of $37,913
All other parts are as customer has originally requested.
A complete EC120B Technical Data supplement can be found Listed under the last Tab
in this manual (Attachments) as Attachment F. Similarly placed, Attachment G is an
Auto -CAD drawing of a tentative instrument panel layout.
V
american
eurocopter
an EAO Company an EARS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
C. Safety Rewards
The EC120B continues to be a reliable and safe aircraft. Since its inception,
there have only been 22 accir1—' ~ ' ' Iving the EC120B. The
„{ "..:...:...,. _ ua rofows:
• 16 incidents -pilot errors
• 1 incident- maintenance error (not AE related)
• 5 incidents still under review.
There have been NO safety recommendations that have either directly or
indirectly affected helicopter operations.
D. Training
(Please reference additional Training material as presented in Section IV, part H,
Maintenance and Training.)
Pilot Training
Per the City's request, AE will provide training at its Grand Prairie facility free of charge
for two pilots. TRAINING MUST BE SCHEDULED AT LEAST 14 DAYS IN
ADVANCE. PLEASE CONTACT SANDI WORSHAM AT (972) 641-3662 TO
SCHEDULE ALL ASPECTS OF THE TRAINING, INCLUDING TRAVEL AND
ACCOMODATIONS.
Philosophy
AE's Flight Operations Department strives to provide pilot ground schools, transition
flight training and recurrency programs that are tailored to the needs of the individual
customer. The classes are kept small and are conducted on an informal, yet professional
basis.
Prerequisites
As all the courses at AEC are transition courses, it is required that all pilots attending
pilot ground school possess a helicopter license. All pilots desiring to complete flight
transition or recurrency training must have a private helicopter license as a minimum and
a valid medical certificate.
Course Content
Transition Ground School covers the following subjects: aircraft subsystems, emergency
procedures, autopilot (as applicable), cockpit displays and controls, performance planning
and charts, weight and balance, a review of the rotorcraft flight manual, and preflight/post
flight checks.
Pilots are given a closed book examination on aircraft limitations and a final
comprehensive open -book examination on the course content. A passing score of 70% is
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required on the final examination to receive a Certificate of Achievement upon course
completion
Objectives
The Flight training curriculum is designed to ensure that, upon completion of the course,
the pilot possesses all essential knowledge of the aircraft and is fully qualified to function
as pilot -in -command in his/her respective aircraft model.
The pilot must demonstrate proficiency in all training syllabus VFR maneuvers as well as
proper utilization of the automatic pilot and systems for IFR models, if applicable.
Emphasis is placed on emergency procedures dealing with system malfunctions such as
tail rotor control failure, engine governor failure, and engine failures. An AEC
Certificate of Qualifications is issued upon successful completion of the transition course.
Pilot Recurrency Courses
Recurrency Flight Training provides a review for pilots who have previously attended the
Eurocopter Transition Flight Training, and the curriculum assumes the pilot is fully
qualified as pilot -in -command in his respective aircraft model. Recurrency Ground
School subjects include a brief overview of the following, plus any area of selected
interest by the customer: airframe; electrical systems, engine(s), flight manual, applicable
airworthiness directives, dynamic components, fuel system, hydraulic systems, weight
and balance, performance planning and applicable service bulletins.
Objectives
Upon satisfactory completion of the course, the customer should demonstrate a high level
of proficiency in both normal and emergency procedures. Special emphasis will have
been placed on emergency procedures with a concentration on single -engine failures.
An AEC Certificate of Achievement is issued upon completion of the recurrency course.
Maintenance Training
Per the City's request, AE will provide training at its Grand Prairie facility free of charge
for two mechanics. TRAINING MUST BE SCHEDULED AT LEAST 14 DAYS IN
ADVANCE. PLEASE CONTACT SANDI WORSHAM AT (972) 641-3662 TO
SCHEDULE ALL ASPECTS OF' THE TRAINING, INCLUDING TRAVEL AND
ACCOMODATIONS.
Philosophy
While textbook knowledge is important, we believe that instruction received in the
classroom and work performed on actual components is critical to ensure complete
training. Therefore, all maintenance courses at the AEC Training Center are designed to
permit those in training to experience shop work first hand, with actual on-the-job
exercises. The amount of shop work scheduled for a particular course is determined by
the level of training required and the complexity of the component.
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Ensure success, the training cannot be considered complete until the trainee has
demonstrated his/her ability to perform the job to the satisfaction of the instructor. In this
respect, the standard followed by the instructor reflect the standards imposed for actual
maintenance and operation of the equipment by AEC.
Prerequisites
All the Maintenance Training courses at the AEC Training Center are transition courses.
It is therefore required that all personnel attending courses at the AEC Training Center
possess the basic experience and skill levels of one of the following:
1. Certification as an A&P mechanic or T.O.C. equivalent withie year practical
experience as a rated aircraft mechanic.
2. One year of experience as an active mechanic on helicopters, commercial or
military.
3. Three (3) years general experience as a commercial or military aircraft mechanic.
Course Content
The course will consist of instruction on the aircraft and its systems, to include
description, operation, maintenance, inspections and troubleshooting. Classroom and/or
shop work will be accomplished on publications, airframe structure, dynamic
components, flight controls, hydraulic systems, landing gear, fuel systems, equipment
controls, electrical and lighting systems, fire protection and/or fire detection systems (if
applicable), engine installation and rigging.
Objectives
At the successful completion of the course, the customer will be able to perform, in
accordance with the appropriate publications, all field maintenance operations necessary
to maintain the helicopter up to, but not including, major repair or overhaul of the aircraft
or its components.
Upon satisfactory completion of the course, the AEC Training Center will issue a
Certificate of Completion.
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E. Technical Support
Technical Support
American Eurocopter, LLC (AE) has an established and proven Technical Support
Program to meet the needs of the Customer. This program is designed for quick reaction
support to Customer throughout the life of the each helicopter delivered, to successfully
support the Customer Program objectives, to ensure the our aircraft achieves the most
economical life -cycle cost (LCC), and to provide an optimum level of operational
effectiveness.
AE's Regional Technical Representative will manage American Eurocopter's effort in
support of helicopter repair, service and maintenance. When Customer Maintenance
reports a technical problem, which cannot be solved, the technical representative will
contact the Customer maintenance staff to discuss the issue. The AE technical
representative will establish a dialogue with Customer to determine the actual signs of
failure or problem observed. During this process, the technical representative will check
and verify the information received from Customer as to the completeness of the
discrepancy reported.
The technical representative will obtain as many facts in writing as possible, with
reference to the maintenance documents so as to eliminate interpretation errors. These
facts include data that are characteristic of the problem and all related information, such
as:
• Part numbers, serial numbers, operation time, and date of installation on the
aircraft.
• Origin of the equipment.
• Maintenance center that performed the last overhaul/maintenance.
• Other problems discovered in the past and correlation with other technical
incidents.
• Pilot's reports, where applicable.
• Corrective action taken by the operator and results obtained.
• Type of mission, associated flight conditions and phases, climate, environment,
operation conditions.
Once the technical representative has collected all the information available and has
checked its accuracy, the technical representative will recommend the proper method of
resolution if applicable.
If the maintenance documents provide a solution, the AE technical representative will
advise and assist Customer's maintenance staff as necessary with the corrective
procedures. If a maintenance training deficiency is discovered, our technical
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Technical Support (con't)
representative will assist Customer's maintenance staff by providing instruction to
Customer's personnel.
If the problem is not covered in the documents, the American Eurocopter technical
representative will refer to previous solutions of similar problems for which reports have
been written, and if applicable, he will analyze the risks involved and advise the customer
of the results. All details of the problem will be recorded and provided to AE Technical
Support Manager who will take necessary actions to recommend a revision to the
maintenance documents.
Once the identity of a new problem has been confirmed, it requires special attention. The
first decision to be made is the level of responsibility at which the problem should be
handled. In these cases, the problem must be examined by at least two different experts
to guarantee proper resolution. The criticality of the problem determines the level at
which resolution is decided:
• Systems or parts where operation failure does not affect safety, (i.e., failure is
accepted without restriction and can be dealt with at the Customer maintenance
level). In these cases, the technical representative is allowed to correct the
deficiency and provide the data for inclusion in document revision.
• Systems or parts where failure constitutes a major incident. In these cases,
corrective decisions are made at corporate level. The Technical Support Manager
will check with the department responsible for the design to confirm the problem
for any action to be taken on the fleet.
Final resolution of all problems will be provided to the Customer's maintenance staff as
appropriate. Formal revisions to maintenance documents will be provided as required.
Field Service Support - AE's Technical Representative will provide technical and
maintenance support, as well as assist with logistics planning. The technical
representative has many years of helicopter and customer service experience and
specializes in the proposed class helicopter. The technical representative will be able to
provide technical advice, hands-on assistance as required, informal classroom instruction,
and liaison service.
Technical Services - AE also maintains in-house specialists (at its Grand Prairie, Texas
facility) who are trained to provide technical support for each aircraft. These
representatives support the Field Service Technical Representatives and are on call 24
hours per day, 365 days per year. These Technical Support personnel monitor problem
areas, problem solve, perform fleet data studies, issue servicing changes, and make
recommended changes/improvements to the aircraft.
Technical Publications - AE's 33 years of experience in the delivery of helicopters to
the U.S. market has led to the development of validated, complete, and concise technical
manuals. The technical data collected for the EC120B aircraft, has contributed to the
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4. american
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City of Miami
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accuracy and dependability of the information communicated to the pilot and
maintenance crews via the manuals. The airframe manuals are presented in a CD-ROM
format.
Spare Parts and AOG Support
Our Commitment...
To provide world class service to customers for the
complete Eurocopter product line the first time and
every time.
• At a Glance
o 35,000 Sales Orders Processed Annually.
o 106,000 Line Items and 1.2 Million Pieces
Shipped Annually.
o 300 US Suppliers
o Over 200 Off -the -Shelf Exchange Items in
Inventory
o Over $58 Million in Current Inventory
a $10 million new investment in inventories to
support new technology aircraft in the past
18 months
o Enhancements made to legacy inventory
replenishment model -rolling 12-month
forecast in place.
• Support Availability — 24/7/365
o Experienced Staff consisting of 5 Account Representatives
specifically assigned to your account
a Office Hours 7:00 a.m. to 7:00 p.m. Central Time
o After normal working hours stand -by -person handles calls
o AOG Orders Shipped within 4 Hours and provided at no additional
charge
o Counter -to -Counter Available
o Routine Orders Shipped "Same Day"
o Dedicated Expediting Support
o Customs Handling
a Help Desk
o Online Internet Resource Available (e-Spares)
• Logistics
o AOG's shipped within 4 hours 99% of the time since 2000
o US Customs Average Clearance time since 2001 is 1-2 days
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Spare Parts and AOG Support (con't)
o Percentage of total order shipped:
• 98% off the shelf since 2002
▪ Cumulative within 30 days: 99% since 2002
• Warranty Support
o Warranty Administration and Component Repairs & Rentals Staffed
by 7 Experienced Administrators
o New Spares
• Limited warranty covers spares from 7
one year or 1 000 hours from the date of ___
installation, not more than two years
from date of delivery to the buyer. z k p.
o Overhaul Spares "'+x
• Limited warranty covers overhauled ;"j.-
spares for 9 months or 750 flight hours u r ¢
from the date of installation. 4R 4 " theJ
• Limited Warranty covers tools for 24
months from date of purchase.
o Complete repairs service available for all components
o Rental pool of selected components and tools available
• Limited special tools available at no cost for warranty
repairs.
• Life -Time Component — Optional Coverage
o Programs better known as Power by the Hour
o Programs cover specific components
• Planned Supply Chain Initiatives
o Eurocopter is in the process of establishing and integrating three
distinct logistics platforms to support customers world-wide
• Europe (Paris) — 2003
▪ Americas (Dallas) — 2004
• Asia (Singapore) - 2005
o Integration will provide improved inventory visibility/availability
• Quality System Approvals
o ISO 9001
o FAAIJAA Production Certificate
a FAA Repair Station
• e-Spares — A new Internet Based System
o Pricing & Quotes
o Inventory Availability
o Parts ordering
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City of Miami
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o Acknowledgements for all orders placed through e-Spares
o Order & Shipment tracking — Hyperlinks to Federal Express and
UPS
o Currently, 45% of all orders are received and processed via e-
Spares
a Coming within the next year, Warranty and Repair Status
F. Manuals
Summary of Technical Manuals
AE will provide commercial off -the shelf technical manuals necessary to operate,
maintain and repair the EC 120B aircraft, including subsystems, installed components,
and associated support equipment. Revision service to the Airframe technical manuals
will be provided semi-annually for five years after contract award. The technical
manuals issued to support the aircraft are categorized as Aircraft Manuals, and
Maintenance Manuals.
Aircraft Manuals
The aircraft manual is the Flight Manual. The FAA Approved Rotorcraft Flight Manual
(Operator's Manual) contains the information necessary for the safe and efficient
operation of the aircraft. Basic data, conversion tables, limitations, normal procedures,
performance data, supplements and emergency procedures are presented. One copy of
the Flight Manual, an FAA Airworthiness Certificate, and Aircraft Log Book, and a
checklist will be delivered with each aircraft.
Maintenance Manuals
American Eurocopter maintenance manuals are designed to allow the operator a variety
of Manual assembly options according to operational need. The service manuals are
provided in both written and CD-ROM formats.
The Descriptions and Operations Manual provides a description of the aircraft,
including dimensions and basic systems.
The Maintenance Manual/Maintenance Work Cards provide detailed descriptions of
maintenance schedules and procedures. Instructions for daily checks and periodic
inspections are outlined and include descriptions of requirements for test equipment and
special tools.
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The Servicing Diagram Manual provides illustrations of the aircraft electrical and
electronic installations.
Summary of Technical Manuals (cont...)
The Master Servicing Recommendations provides preventive maintenance and
servicing information. Periodic inspections and component limitations also are listed.
For ease of use, this manual, which is chapter five of the Maintenance Manual, is
maintained separately.
The Fault Isolation Manual contains troubleshooting charts and diagrams that aid in
identifying and isolating electrical malfunctions. Corrective maintenance is suggested in
the form of checklists, charts, schematic diagrams, and interpretations of test results.
The Repair Manual details procedures for approved airframe and transmission assembly
repairs.
The Storage Preservation Manual defines the procedures for the packing, transporting,
and long-term storage of the aircraft.
The Standard Practices Manual contains standardized servicing and maintenance
procedures applicable to all American Eurocopter helicopters.
The Illustrated Parts Catalog (IPC) provides a parts listing with picture identification
and vendor reference. Government identification numbers such as AN, NAS, and NSN
(i.e. NATO reference numbers) are included. A cross-reference listing of any assigned
NSN's, if applicable to manufacturer stock numbers or part numbers are provided in the
IPC.
The Tool Catalog provides a description, usage, part number listing, and picture
identification for maintenance tools.
The Additional Supply Catalog contains descriptions of standardized products used in
the operation and maintenance of the helicopter. Material identification of rings,
fasteners, bolts, bushes, tubes, wires and elastomers such as rubber and silicone, is
provided by using tables, listings, and illustrations. Manufacturer NATO codes are
provided where applicable.
The Component Maintenance Manual contains maintenance and repair data
concerning the vendor components installed an each helicopter.
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G.Technology Updates to Components
Technology updates to components are handled either through updates in the technical or
aircraft manuals (depending upon the component).
H. Warranty and DOC
WARRANTY
The City of Miami is granted a two-year extended warranty on all parts AE and
non-AE, in lie of the normal manufacturers warranty and the standard LIMITED
warranty terms, listed below:
Airframe Warranty
LIMITED WARRANTY
(a) Seller warrants each new helicopter and parts manufactured by Eurocopter
France/Eurocopter Deutschland (herein called the "Helicopter Manufacturer") to
be free from defects in material and workmanship under normal use and service.
Seller's obligation under this warranty is limited to replacing or repairing parts
that, at the time of any repair or replacement, shall have been recognized by
Seller in the sole discretion of Seller, as subject to this warranty and that shall
have been returned to Seller's facility and, in the sole discretion of Seller, the
alleged failure therein shall have occurred within the following time limits:
(1) With respect to helicopters, optional equipment manufactured by the
Helicopter Manufacturer, the earlier of (i) 1000 flying hours or (ii) 36 months
after they are delivered to Buyer;
(2) With respect to spares, the earlier of 1000 flying hours or 12 months after
installation, or 36 months after delivery to Buyer,
(3) With respect to tools manufactured by the Helicopter Manufacturer; 24
months after they are delivered to Buyer;
(b) The warranty on the repaired or replaced part is the warranty period remaining
on the defective part.
(c) As soon as possible, but within thirty (30) days after the date Buyer discovers or
should have discovered a part failure, Buyer shall return the allegedly failed part
or parts to Seller's factory, freight prepaid. Prior to or concurrently with shipment
of any allegedly failed part or parts, Buyer shall furnish to Seller in writing full
details of Buyer's claim and the basis thereof. Risk of loss for transportation of
parts to Seller and, upon return, to Buyer, shall be borne entirely by Buyer. All
transportation costs, insurance, customs expenses and other charges, as well as
the expenses incurred by Buyer for the removal, return, re -installation and related
costs and expenses with respect to such part or parts, shall by borne by Buyer.
With AE approval by Warranty Administrator, selected parts may be retained at
the customers site to be scrapped locally. Claims will not be processed until a
completed Buyer's claim has been approved in writing by a Technical
Representative of AE and forwarded to and received by the AE Warranty office,
Grand Prairie, Texas.
NOTE: PARTS/COMPONENTS ORDERED AS REPLACEMENT PARTS
MUST BE ACKNOWLEDGED AS "WARRANTY REPLACEMENTS" AT THE
TIME OF ORDER.
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(d) This warranty shall apply only to the extent the helicopter and the parts installed
therein are operated and maintained in accordance with the instructions
contained in the Flight Manual, the Maintenance Manual and the Seller's
technical service bulletins and revisions thereto and, with respect to spares, only
to the extent they are properly stored and installed, operated and maintained in
accordance with the Maintenance Manual and revisions thereto and other
technical documentation supplied by Seller to Buyer.
(e) if Buyer modifies any helicopter or part sold hereunder in any manner for which
Buyer has not received the prior written approval of Seller, such modification
shall cause this warranty to terminate and be of no further force and effect.
(f) This warranty shall not apply to any helicopter or part which has been repaired or
altered outside Seller's factory in any way so as, in Seller's sole discretion, to
affect its stability, safety or reliability, or which has been subject to misuse,
common neglect, abuse, negligence or accident.
(g) The word "part" as used in this Agreement means "a detail part with reference
to a part number shown on a drawing parts listed provided" by the
Helicopter Manufacturer.
(h) This warranty may not be extended, altered or varied unless a prior written
agreement is signed between Buyer and Seller. This warranty is granted to
Buyer personally and shall not be assigned by Buyer without Seller's prior written
consent.
(i) THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF (i) ALL OTHER
WARRANTIES INCLUDING, BUT NOT LIMITED TO, STATUTORY, EXPRESS
OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE) AND (ii) ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR TORT,
INCLUDING PRODUCT LIABILITIES BASED ON STRICT LIABILITY OR
NEGLIGENCE, ACTUAL OR IMPUTED. THE RIGHTS AND REMEDIES
PROVIDED HEREIN ARE EXCLUSIVE IN CONNECTION WITH THE SALE OF
SELLER'S PRODUCT(S) AND THE STATED EXPRESS WARRANTY
PROVIDED HEREIN IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF
SELLER FOR DAMAGES OF ANY TYPE INCLUDING, BUT NOT LIMITED TO,
ALL INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND ALL LOSS,
DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH THE
USE, LOSS OF USE OR PERFORMANCE OF SELLER'S PRODUCTS, AND
DAMAGES FROM ANY OTHER CAUSE EXCEPT AS SPECIFICALLY
CONTAINED IN THIS WARRANTY CLAUSE.
SELLER MAKES NO WARRANTY WITH RESPECT TO TURBINE ENGINES
OR AVIONICS EQUIPMENT. FOR WARRANTY ON THESE EXCLUDED
PARTS, THE CUSTOMER MUST LOOK TO THE ORIGINAL_
MANUFACTURER. NORMAL WEAR AND TEAR OF PARTS SUCH AS
SEALS, TIRES, INNER TUBES, BULBS, PACKINGS, AND SIMILAR
CONSUMABLE PARTS AS WELL AS THOSE PARTS WHOSE LIST PRICE IS
$50.00 OR LESS ARE EXCLUDED FROM COVERAGE UNDER THIS
WARRANTY.
At Buyer's written request, Seller will assign to Buyer any warranty rights it
may have received with respect to such items or parts to the extent such rights
are assignable.
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(j) Seller's warranty shall not be enlarged, diminished, or affected by, and no
obligation or liability shall arise out. of, Seller's rendering technical advice,
assistance or service in connection with the products purchased hereunder.
As mentioned previously, Service -by -the -Hour for the Power Plant (engine) has been
quoted by Turbomeca with two options to help best suit the City of Miami's needs:
Option 1: First Life Program (price quoted: per hour up to 3 cycles per hour) 64.20
Option 2: Classic Program (price quote: per hour for 1 cycle per hour) 77.70
For more information about the PowerPlant's (Engine) Power by the Hour Services,
please reference Attachment C If there are any questions or concerns, please call Ms.
Stephanie Lewis directly at Turbomeca:
Stephanie Lewis
Stephanie.Lewis@Turbomeca.com
Business Development
Western Regional Sales Manager
2709 Forum Drive
Grand Prairie, Texas 75052
Office: (972) 606-7627
Cell: (214) 263-6599
Fax: (972) 606-7668
In addition to American Eurocopter's standard 3-year/1,000 hour warranty, AE offers it
customers a choice in Component Service Plans.
Component Service Agreement: on the Airframe
Option 1: Defined Component Rate (price quoted per hour) 147.47
Option 2: Classic Program (price quote: per hour for 1 cycle per hour) 184.34
The next page and Attachment details the scope of the plans offered.
For more information about the Component Service Rates please reference Attachment D
or please do not hesitate to contact Mr. Anthony Baker directly at American Eurocopter:
Anthony Baker
Anthony. Baker(cr�,EurocopterUSA. com
Director of Business Development and After Sales Support
2701 Forum Drive
Grand Prairie, Texas 75052
Office: (972) 641-3581
Cell: (214) 215-7667
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City of Miami
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AE: Defined Component Service Plan (brief description)
Defined Component Service Rates
2005 Defined Components Rate is $1'17,17 per ho
Covers all 33 items listed above.
The Defined Component Support Plan covers all scheduled
and unscheduled maintenance for the companets list below.
PART NtUMF1FR PFSCRIPTltt LLD(
C652A0101054 GEARBOX 1
C632A0201052 MG8 1
C632A0101052 EPICYCL!C 1
SC5091(A) MAN SERVO 1
SC5091(B) MAIN SERVO 1
SC5091(C) MAIN SERVO 1
160SG140Q1 GENERATOR 1
7050A3623019 E BEARING 1
120-0260-1 A/C FAN 1
C622A1002103 HUB ASSY 1
C622A1007102 FITTING, 3
C622A1006102 FITTING, 3
579-108-00 BEARING(705 3
C622A2003102 SLEEVE 3
C622A2004102 SLEEVE 3
C622A2002102 PITCH LEVER 3
C622A2006601 BLADE PIN 6
C622A4002101 ADAPTER(3 1
C623A2005102 LINK 2
C623A2004102 LINK 2
C623A1001103 ROTATING 1
C623A1002102 STAR 1
C623A3001102 ROD 3
C631A1101101 COUPLING 1
7050a3633015 BAR 2
7050A3633016 BAR 2
C642A0100103 T/R HUB 1
C642A0300102 T/R BLADE 8
C642A0432101 STRAP 8
C651A3101052 REAR SHAFT 1
C651A1101053 SHAFT ASSY 1
C621A1006102 M/R BLADE 3
Various part numbers VEMD 1
$147.47/per hour'
2005 All Parts Support Plan Rate'" (refers fro all airframe parts with certain exclusions listed below) $184.34/per hour*
is $104.34 per hour. Covers all the Defined Components and ail other airframe parts with a unit price of $250
not excluded below.
'These rates based on a utility/corporate configuration with
annual flight hours of 600 to 800 hours and operations in a
non -corrosive enviroment,
"All Parts Support Plan excludes all avionics, options, and normal wear and tear Items such
as seats, seats •askets, and other such items.
american
eurocopter
an EAOS Company an EAOS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
2005 Estimated Direct Operating Costs
American Eurocopter LLC's estimated Direct Operating Cost (DOC) is based on an
average of data collected from the operator's, service stations, overhaul facilities and
vendors.
For the purpose of this document, the DOC is defined as those costs incurred as a direct
result of the actual operation of the helicopter, as follows:
➢ Fuel and lubricants.
➢ Direct maintenance and spares (Labor, Parts, Engines).
Remark: In this case, the DOC does not include the indirect costs, pilot costs, insurance, depreciation, and
hangar rental. A blank Total Cost of Operation Worksheet with direct and indirect costs can be provided upon
request to help the operator estimate his costs based on his specific operations.
This estimated DOC is based on the following assumptions:
> A new 2005 aircraft based on the latest modification standard.
➢ A basic standard configuration aircraft.
➢ Consistent operation of the aircraft.
> Operation and maintenance of the aircraft in accordance with manufacturer's
recommendations and requirements.
EC 120B 2005 (Standard configuration)
Fuel and Lubricants*
Direct Maintenance and Spares
Maintenance labor**
10 Years/3000 FH
lst OH Provisioned
$ 71.84
$ 35.75
Reserve for Overhaul and Life Limited Items
Reserve for Spares
Reserve for Engines Overhaul and Maintenance
Reserve for Consumables for Inspections
$ 38.38
$ 10.09
$ 54.90
$ 16.85
Total Direct Maintenance Cost
$ 120.22
Total Direct Operating Cost
$ 227.81
Note: This estimated Direct Operating Cost is a guideline. Actual costs will vary between operators due to type
of operation, maintenance and overhaul methods, flight profile, climate conditions, additional equipment
installations, etc. .Prices and hours are subject to change without notice
Labor rate $ 65-00 per hour, Fuel rate $ 2.25 per gallon.
* Taken from Conklin and deDecker.
** Based on average actual hours to perform scheduled and unscheduled maintenance.
er„ american
eurocopter
an EAOS Company
an E;ADS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
Summary of Fuel and Lubricants
Fuel (Conklin & deDecker)
Lubricants: (3% of Fuel Costs)
Total fuel and lubricants
31 GPH $ 2.25 /gal
$ 69.75
$ 2.09
$ 71.84
Stated fuel consumption is a mean value and can vary with each operator, depending on the type of operation and flight profile.
The price offuel and lubricants vary by geographic region and quantity purchased. Fuel consumption is estimated as an
average over several speeds, altitudes, temperatures, and aircraft weights. Far the purpose of this estimate, fuel price is
assumed as $ 2.25 per gallon, and lubricant cost is figured at 3% offuel cost
Summary of Maintenance Labor
Scheduled maintenance: Scheduled inspections and parts are listed in the maintenance manual.
Man-hours and costs may vary due to personnel experience, availability of adequate tools and
facilities, maintenance environment, etc.
The estimated cost for labor is based on rates that reflect the average between an operator
performing his own maintenance (with AE LLC school trained mechanics) and an operator using
an approved service facility.
Unscheduled maintenance: This covers labor for maintenance and inspections not included
under the published manufacturer's requirements.
Scheduled Maintenance
Unscheduled Maintenance
Total Direct Maintenance
MMH
0.40
0.15
$ 26.00
$ 9.75
$ 35.75
Labor rate is assumed at $ 65.00 per Maintenance Man-hour (MMN) far ease of comparison.
Summary of Reserve for Engine
Engine costs estimates assume normal maintenance throughout the TBO interval in accordance
with the engine maintenance manual, and overhaul of the engine by the manufacturer or approved
overhaul center at the end of the TBO. Cost estimates include replacement of life -limited parts,
which have scheduled removal requirements based on either operating hours or cycles.
Consumable and unscheduled maintenance costs are borne by the operator for normal periodic
inspections and consumables (filter change, etc.) incurred between major inspections.
Engine DMC (lst Life)
Less Consumables for Inspections
Total for engine operation
$ 58.00
$ 3.10
$ 54.90
american
eurocopter
an EADS Company an EADS Company
City of Miami
RFP 04-05-091
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Overhaul Items, Life Limited Parts, and Spares
Major components such as transmissions, gearboxes, etc. normally have periodic overhaul
intervals specified in the maintenance manual. The overhaul can be accomplished by various
methods with associated costs.
MANUFACTURER, QTY :.
PART per
NUMBER A/C';
LDYNAMIC COMPONENTS
MRH
BLADE ASSY C621A1006103
BOLT,THRUST C622A1043201
TREBLE,ADAPTOR FREQUENCY C622A4002102
ADAPTER -END 1211023P
ADAPTER -END 1211024P
FITTING,ADAPTATOR,UPPER C622A1007104
FITTING,ADAPTATOR,LOWER C622A1006104
STOP, SPHERICAL, LAMINATED LB4-1226-1-1
SCREW 7050A3622037
SLEEVE ASSY,UPPER C622A2008101
SLEEVE ASSY, LOWER C622A2009101
PIN ASSY,BLADE UNEQUIPPED C622A2006602
PITCH LEVER ASSY C622A2002103
BALL JOINT,RH THREAD XEM-RE-8RSA8
JOINT,BALL,LH THREAD XEM•RE-8RSA8G
SKEW -ANGLE ROLLER BEARING 7050A3623019
SENSOR NIR 788672
MGB
EPICYCLIC MODULE + Mast/Hub M/R C632D0101052
MAIN MODULE,MGB, SPARE C632D0901051
MAIN PUMP MODULE TBD
ROTOR BRAKE PAD ASSY C635C1013102
SENSOR
PLUG,TRANSM. OIL PRESSURE
PLUG MAGNETIC. ELECT.
THERMOSWITCH,OIL
COUPLING ASSY, FLARED
DRIVE SHAFT MGB/ENG.
SUSPENSION
LH COUNTER -TORQUE FITTING
RH COUNTER -TORQUE FITTING
LH MGB ATTACHMENT FITTING
RH MGB ATTACHMENT FITTING
REAR MGB ATTACHMENT FITTING
MGB REAR BAR
MGB FORWARD BAR
TRH
BLADE AFT ASSY
HUB ASSY
START EQUIPPED
C632A2144201
BM1021
S 1135-043-242
C631A1101101
C631A1102601
C533C3207101
C533C3206101
C533C3204103
C533C3203103
C533C3205102
B216100-015
8216100-016
C642A0300103
C642A0100103
C642A0402101
TBO
SLL
3 20000
6 5500
1
3
3
3
3
3
6
3
3
6
3
3
3
1
1
1
1
1
1
1
1
1
2
2000
2000
20000
20000
2000
2000
2500
9300
5000
5000
5000
5000
3000
1000
20000
20000
20000
20000
20000
8500
9500
V
american
eurocopter
an EADS Company an EADS Company
REAR TRANSMISSION
TGB ASSY
BEARING,BALL
REAR SHAFT ASSY
COUPLING
PLUG MAGNETIC. ELECT.
ENGINE OIL COOLER::.
COOLER,OIL
BASIC EQUIPMENT
EQUIPMENT
VALVE,HOT AIR
MICROSWITCH
RELAY
VALVE,THERMOSTATIC
ELECTRICAL GENERATION AND
BATTERY
ELECTRIC MASTER BOX
CARGO BREAKERS PANEL
COCKPIT BREAKER PANEL
GENERATOR,STARTER
FIRE PROTECTION
EXTI NG U1 S H ER, PO RTAB L E
FUEL SUPPLY SYSTEM
STARTING PUMP
LOWER TANK GAUGE
UPPER TANK GAUGE
SHUT-OFF VALVE
ANTI SPILLING VALVE
HYDRAULIC GENERATION
UNIT, HYDRAULIC
INDICATING AND RECORDING S
VEMD
PANEL,WARNING
LIGHT ANCILLARY CONTROL
PCB 1
CARD
INDICATOR NRINTL
LIGHTING'
ANTICOLLISION LIGHT
LIGHT,LANDING,150W
LIGHT,WHIT POSITION
LIGHT,RED POSITION
LIGHT,GREEN POSITION
NAVIGATION
COMPASS,STAND-BY
AIRSPEED INDICATOR
HEAD,PITOT,TOTAL PRESSURE
PROBE,EXT AIR TEMPERATURE
ALTIM ETER,FEET/MB
SERVO CONTROL
SERVO CONTROL
HANDLE,CYCLIC PITCH
FLYING CONTROLS
STICK ASSY,CYCLIC PITCH
YAW CONTROL REAR PART
HANDLE,SWIVELLING,RH.
C652D0101053
593278
C651A3102052
C651A2001101
BM1021
1
1
3
1800
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
20000
4614AA01
T3933-3
M 8106/19.017
S915.0073
EQUIPMENT
151 CH1
5E07111
SE07238
N2000096
160SG140QIXL
H1.10AIR
P94C16-612
764591
764590
B97-12-601
L87G20-601
GHC100-4
YSTEMS
B19030FC03
022TA0101
911TSO8Y
6E02990
S E3010
788664-3
6485000
36-4596
31-515-2
31071
31073
621396231
250200155
33494
RP23400
150200175
SC5091-1
83-910.004
350A27-0553.0105
76CF8921
C761A2024104
1
1
3
1200
3000
4000
20000
V
Ameamerican
eurocopter
an EADS Company
an EADS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
Demonstration
AE understands the city's possible request for a demonstration of a similar unit as that
being proposed. if a demonstration is desired please contact AE for scheduling.
V
eurocopter
en EADS Company
City of Miami
RFP 04-05-0091
Helicopter
American Eurocopter Sample Terms and Conditions Cover
The following will be found in the Terms and Conditions section:
• Prices and Terms of Payment
■ Delivery and Acceptance of Products
• Delays
• Limited Warranty
■ Training
• Price Adjustment and Product Specification Change
• Uncertified and Pre -Production Aircraft
■ Delivery and Acceptance of Trade -In Aircraft
• General
• Notices
■ Modifications
AE's Terms and Conditions are provided for INFORMATION ONLY,
AE's Terms and Conditions are provided to address those areas not specifically
addressed in The City of Miami's Standard Request for Proposal and Professional
Service Agreement Terms and Conditions.
Where any conflict arises between the City of Miami's Request for Proposal and
Professional Service Agreement Terms and Conditions and AE's Terms and
Conditions, the provisions of the City of Miami's Standard Terms and Conditions
shall prevail.
XI
eurocopter
an E4DS Company
City of Miami
RFP 04-05-0091
Helicopter
American Eurocopter Sample Terms and Conditions
1. PRICES AND TERMS OF PAYMENT.
(a) Prices shown on this Purchase Agreement (this "Purchase Agreement") are in U.S. dollars for Products
F.A.F. (fly away from factory) Seller's facility in Grand Prairie, Texas or F.O.B. City of Miami..
(b) Unless otherwise specified in this Purchase Agreement, the City of Miami (herein referred to as "Buyer")
shall pay the total unpaid purchase price,. In the event Buyer claims sales tax exemption for purposes of this
delivery which is subsequently found non-exempt by the applicable taxing authority, then Buyer agrees to
reimburse American Eurocopter (herein referred to as "Seller") for any unpaid taxes, interest and penalties
assessed against the aircraft purchase by the taxing authority. The term 'Products" as used herein shall
include helicopters, parts, spare parts, tools, and other miscellaneous equipment and services that may be
deliverable hereunder. All other defined terms used herein and not otherwise defined shall have the
meanings assigned to those terms as set forth in the Maintenance Manual and Flight Manual (as such manuals
are revised and amended from time to time) provided by Seller with each new helicopter sold by Seller,
copies of which have been supplied to Buyer.
(c) All payments shall be made at Seller's offices in Grand Prairie, Texas, without setoff.
2. DELIVERY AND ACCEPTANCE
(a) The Products shall be delivered F.A.F. Seller's facility in Grand Prairie, Texas or F.O.B., City of Miami at no
additional cost. Title to and risk of loss for Products shall pass to Buyer upon delivery thereof to Buyer at
Seller's facility in Grand Prairie, Texas or upon delivery F.O.B. City of Miami.
(b) The Products shall be accepted by Buyer by an authorized and qualified representative of Buyer after
inspection and, in the case of helicopters, flight test at Seller's facility in Grand Prairie, Texas, or at such
other location previously approved by Seller and Buyer.
(c) Buyer agrees to accept delivery of the Products in accordance with paragraph 2(b) hereof within ten (10) days
after the delivery date set forth on the purchase agreement or, in the event delivery of the Products has been
delayed by Seller, within ten (10) days after Seller shall have notified Buyer that the Products are ready for
delivery.
(d) In the event Buyer fails to accept delivery of the Products as provided herein, or fails to make any payments
that may be due to Seller prior to or at delivery of any Products, or breaches any of' the terms of provisions
hereof, Seller may cancel this Purchase Agreement and retain all payments, including all deposits and/or
down payments, theretofore made by Buyer to Seller, whether pursuant to this Purchase Agreement or
otherwise, in satisfaction of any indebtedness of Buyer hereunder, and the retention by Seller of any such
payments shall not preclude Seller from seeking additional or further damages from and against Buyer as
Seller may elect.
(e) Upon delivery of the Products to Buyer, Buyer shall immediately inspect the Products at its own cost and, if
the Products are found not to conform to the published specifications for such Products, shall give written
notice to Seller of any claim to that effect within ten (10) days after arrival, setting forth in reasonable detail
the manner in which the Products do not conform. If Buyer retains the Products after their delivery without
giving Seller such notice as required, such failure shall constitute an irrevocable acceptance of the Products
by Buyer except with respect to defects not reasonably discoverable by such inspection.
(f) After delivery of the helicopter, should Buyer delay flyaway from Seller's facility, Seller shall provide hangar
keepers care and charge Buyer according to prevailing rates. In the event Seller provides Buyer a Fen-y Pak at
delivery, Buyer agrees to return the Ferry Pak within 30 days from delivery date.
(g) Seller will comply with all mandatory service bulletins and airworthiness directives prior to delivery. In the
event an aircraft is delivered without final paint, it shall be delivered with a special flight permit and
shall be fully capable of receiving an FAA Certificate of Airworthiness in the Standard category, with
the exception of outstanding items to be completed by Buyer. In such case it will be Buyer's, or its
designated completion centers, responsibility to satisfy outstanding exceptions and obtain the
Certificate of Airworthiness,
3. DELAYS
(a) Seller shall not be responsible for, or liable to Buyer for any damages or expenses incurred by Buyer from
any failure to perform or delay in performance by Seller due, in whole or in part, to "excusable delays." An
"excusable delay" is any failure to perform or delay in performance that is due to causes beyond Seller's
control including, but not limited to, acts of God, fire, explosion, acts of the public enemy, war, insurrection,
XI
(c)
eurocopter
an FADS Company
City of Miami
RFP 04-05-0091
Helicopter
sabotage, labor disputes (regardless of the reasonableness of demands of labor), shortages of labor, fuel,
power or materials, failure or delays in transportation„ failure or delay of Seller's sources of supplies, acts,
orders or priorities (whether compliance therewith is mandatory or voluntary) of any government, state, or
political subdivision or agency thereof or judicial action.
(b) Buyer's failure to provide, not less than 90 days prior to the scheduled delivery date, complete materials,
equipment, instructions and authorizations to Seller for installation of Buyer furnished equipment during the
assembly process, which failure causes the Product to be nonconforming at the delivery date, shall not be
cause for delay in delivery acceptance pursuant to paragraphs 2(c) and 2(e) above or in payment. Any
additional costs incurred by Seiler as a result of having to work around or reschedule the installation of Buyer
furnished equipment due to Buyer's failure to deliver Buyer furnished equipment in a timely manner as
provided above shall be invoiced to Buyer and paid by Buyer over and above the price on the Purchase
Agreement at delivery .
Furthermore, any change request(s) by the Buyer may extend the delivery date or require an adjustment to the
purchase price. Seller is authorized to send the Buyer an electronic sequential Confirmation Notice of
Change Order by Buyer setting out the configuration change or contract revision, the adjusted purchase price,
if any, and the revised delivery date. Buyer may reject, in writing or electronically, any Confirmation Notice
that is unacceptable within five days of receipt of a Confirmation Notice from Seller. If timely rejected by
Buyer, the Purchase Agreement, as amended, will remain in effect and
the change order will lapse and not become a part of this agreement. Buyer's failure to respond timely to any
Confirmation Notice will be deemed acceptance of the change order by Buyer, which will become part of the
contract, as amended.
4. LIMITED WARRANTY
(a) Seller warrants each new helicopter and parts manufactured by Eurocopter Deutschland GmbH (herein
referred to as the "Helicopter Manufacturer") purchased under this agreement to be free from defects in
material and workmanship under normal use and service, Seller's obligation under this warranty is limited to
replacing or repairing parts or tools that have been returned to Seller's facility and, at the time of any repair
or replacement, shall have been recognized by Seller, in its sole discretion, as subject to this warranty. To be
eligible for repair or replacement under this warranty, the alleged failure must have occurred, as determined
by Seller, within the following time limits:
(1) With respect to helicopters and optional equipment manufactured by the Helicopter Manufacturer, the
earlier of: (i) 1000 flying hours or (ii) - 24 - months after they are delivered to Buyer;
(2) With respect to spares, the earlier of (i) 1000 flying hours; (ii) 12 months after installation; or (iii) 24
months after delivery to Buyer; and
(3) With respect to tools manufactured by the Helicopter Manufacturer, 24 months after the tool is delivered
to Buyer.
The warranty period on the repaired or replacement part is the warranty period that was remaining on the
defective part.
As soon as possible, but within thirty (30) days after the date Buyer discovers or should have discovered a
part failure, Buyer shall retum the allegedly failed part or parts to Seller's factory, freight prepaid. Prior to or
concurrently with shipment of any allegedly failed part or parts, Buyer shall furnish to Seller in writing full
details of Buyer's claim and the basis thereof. Risk of loss for transportation of parts to Seller and, upon
return, to Buyer shall be borne entirely by Buyer. All transportation costs, insurance, customs expenses and
other charges, as well as the expenses incurred by Buyer for the removal, return, re -installation and related
costs and expenses with respect to such part or parts, shall by borne by Buyer. With AEC approval by
Warranty Administrator, selected parts may be retained at Buyer's site to be scrapped locally. Claims will
not be processed until a completed claim by Buyer has been approved in writing by a Technical
Representative of AEC and forwarded to and received by the AEC Warranty office, Grand Prairie, Texas.
Note: Parts/Components ordered as replacement parts must be acknowledged as "warranty
replacements" at the time of order,
This warranty shall apply only to the extent the helicopter and the parts installed therein are operated and
maintained in accordance with the instructions contained in the Flight Manual, the airframe or component
Maintenance Manual (whichever is applicable), the Helicopter Manufacturer's and/or Seller's service
bulletins, service letters or telexes, alert telexes, and maintenance notices, any other technical documentation
or service information supplied by Seller to Buyer, and any revisions to any of the foregoing. This warranty
shall apply to spares only to the extent they are properly stared and installed, operated, and maintained in
accordance with the instructions contained in the Flight Manual, the airframe or component Maintenance
Manual (whichever is applicable), the Helicopter Manufacturer's and/or Seller's service bulletins, service
letters or telexes, alert telexes, and maintenance notices, any other technical documentation or service
information supplied by Seller to Buyer, and any revisions to any of the foregoing.
(d)
XI
eurocopter
an EADS Company
City of Miami
RFP 04-05-0091
Helicopter
(e) If Buyer modifies any helicopter or part sold hereunder in any manner for which Buyer has not received the
prior written approval of Seller, such modification shall cause this warranty to terminate and be of no further
force and effect.
(f) This warranty shall not apply to any helicopter or part which has been repaired or altered outside Seller's
factory in any way so as, in Seller's sole discretion, to affect its stability, safety or reliability, or which has
been subject to misuse, common neglect, abuse, negligence or accident.
(g) The word "part" as used in this Agreement means "a detail part with reference to a part number shown on a
drawing parts list provided" by the Helicopter Manufacturer.
(h) This warranty may not be extended, altered or varied unless a prior written agreement is signed
between Buyer and Seller. This warranty is granted to Buyer personally and shall not be assigned
by Buyer without Seller's prior written consent.
(i) SELLER, THE HELICOPTER MANUFACTURER, AND EUROCOPTER S.A.S. DISCLAIM AND
EXCLUDE FROM THIS AGREEMENT ALL OTHER WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, STATUTORY WARRANTIES, OTHER EXPRESS WARRANTIES, AND ANY
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE EXPRESS
WARRANTY SET FORTH ABOVE IS GIVEN IN LIEU OF: (i) ALL OTHER WARRANTIES AND
(ii) ANY OBLIGATION OR LIABILITY OF, RIGHT OR CLAIM AGAINST, OR REMEDY FROM
SELLER, EUROCOPTER S.A.S., OR THE HELICOPTER MANUFACTURER, IN CONTRACT OR
IN TORT, INCLUDING PRODUCTS LIABILITY BASED ON SELLER'S, EUROCOPTER S.A.S.'s,
OR THE HELICOPTER MANUFACTURER'S STRICT LIABILITY OR SELLER'S,
EUROCOPTER S.A.S.'s, OR THE HELICOPTER MANUFACTURER'S NEGLIGENCE. THE
RIGHTS AND REMEDIES PROVIDED IN THIS AGREEMENT ARE EXCLUSIVE IN
CONNECTION WITH THE SALE OF THE HELICOPTER MANUFACTURER'S, EUROCOPTER
S.A.S's, AND/OR SELLER'S PRODUCT(S). THE STATED EXPRESS WARRANTY PROVIDED
HEREIN IS IN LIEU OF ANY AND ALL LIABILITIES OR OBLIGATIONS OF THE
HELICOPTER MANUFACTURER, EUROCOPTER S.A.S., OR SELLER FOR ANY INJURIES,
BODILY HARM, OR DAMAGES OF ANY TYPE, INCLUDING, BUT NOT LIMITED TO, ALL
INCIDENTAL OR CONSEQUENTIAL DAMAGES, ALL LOSS, DAMAGE OR EXPENSE
ARISING OUT OF OR IN CONNECTION WITH THE USE, LOSS OF USE, PERFORMANCE, OR
NON-PERFORMANCE OF THE HELICOPTER MANUFACTURER'S, EUROCOPTER S.A.S.'s,
AND/OR SELLER'S PRODUCTS, AND DAMAGES FROM ANY OTHER CAUSE.
NEITHER THE HELICOPTER MANUFACTURER, EUROCOPTER S.A.S, NOR SELLER MAKES
ANY WARRANTY WITH RESPECT TO TURBINE ENGINES OR AVIONICS EQUIPMENT. FOR
WARRANTY ON THESE EXCLUDED PARTS,
BUYER MUST LOOK TO THE ORIGINAL MANUFACTURER. AT BUYER'S WRITTEN
REQUEST, SELLER WILL ASSIGN TO BUYER ANY WARRANTY RIGHTS IT MAY HAVE
RECEIVED WITH RESPECT TO SUCH ITEMS OR PARTS TO THE EXTENT SUCH RIGHTS
ARE ASSIGNABLE. NORMAL WEAR AND TEAR OF PARTS SUCH AS SEALS, TIRES, INNER
TUBES, BULBS, PACKINGS, AND SIMILAR CONSUMABLE PARTS, AS WELL AS THOSE
PARTS WHOSE LIST PRICE IS $50.00 OR LESS, ARE EXCLUDED FROM COVERAGE UNDER
THIS WARRANTY.
(j) Seller's warranty shall not be enlarged, diminished, or affected by, and no obligation or liability shall arise
out of, Seller's rendition of technical advice, assistance or service in connection with any of Products
purchased hereunder.
5. TRAINING
(a) Pilot Training
(1) Seller shall provide at its facilities in Grand Prairie, Texas, transition training for two_(2) of
Buyer's pilots, at no cost, who are proficient in helicopter flying for each new helicopter purchased
hereunder provided such training is commenced within one (1) year of the delivery date hereunder.
Such flight training for each pilot shall be performed in the helicopter(s) purchased by Buyer
hereunder after transfer of title to the helicopter(s) to Buyer. Transition training shall consist of up
to seven (7) flying hours per pilot (depending on proficiency of the pilot) with formal ground
school. Seller reserves the right to set minimum competency requirements for any pilot to be
trained hereunder and to refuse to train any pilot not meeting those requirements.
(2) Buyer may elect to have more than two (2) of his qualified pilots trained hereunder. Buyer shall be
charged at the prevailing fixed hourly rate of $ for a period of three (3) years by Seller for each
additional pilot to be trained.
XI
eurocopter
an EADS Company
City of Miami
RFP 04-05-0091
Helicopter
(3) Buyer acknowledges that the transition procedures include, in addition to standard flight operations,
the actual performance of emergency flight procedures simulating non-standard flight conditions.
Buyer hereby accepts the risk of injury, loss, and damage associated with instruction in emergency
flight procedures.
(4) Buyer hereby assumes all risk of loss, injury and damage to Buyer's helicopter(s), employees,
representatives or agents during transition training including without limitation, consequential or
incidental damages, loss of use or injury, regardless of cause or fault, and Buyer waives all right of
recovery and subrogation against Seller, its employees and agents for any such damage, injury or
loss so sustained; provided, however, that this waiver and assumption of risk shall only apply to
losses other than Product failures for which Seller may be responsible under the warranty
provisions of this purchase agreement, in which case Seller's liability to Buyer, if any, shall be
limited in accordance with the terms of that warranty. Buyer hereby warrants that Buyer's hull
insurer has acknowledged this waiver of subrogation.
(b) Maintenance Training
(1) For each new helicopter purchased hereunder, Seller will provide, in the Dallas/Fort Worth area, a
ground course covering field maintenance on the engine and airframe. Buyer may elect to send up
to two (2) of its qualified mechanics, at no cost, to any scheduled training courses during the 6
months prior to delivery or up to 1 year after delivery. Seller reserves the right to set minimum
competency requirements for any mechanic to be trained hereunder and to refuse to train any
mechanic not meeting those requirements.
(2) Buyer may elect to have more than two (2) of his qualified mechanics trained hereunder. Buyer
shall be charged at the prevailing fixed hourly rate of $ for a period of three (3) years by Seller for
each additional mechanic to be trained.
(c) General
(i) Buyer shall be responsible for loss or injury to Buyer's property, employees, representatives or
agents at all times while at Seller's facilities when conversion or maintenance training is a reason
far such time spent at Seller's facilities. Furthermore, Buyer shall hold Seller, its employees and
agents harmless for any such loss or injury regardless of cause or fault.
(it) All expenses and liabilities of Buyer or Buyer's personnel for travel to and from, and stay in, the
Dallas/Fort Worth, Texas area shall be borne by Buyer.
(iii) The training and technical assistance provided for herein applies only to the original purchase of a
new helicopter and is not transferable.
6. PRICE ADJUSTMENT AND PRODUCT SPECIFICATION CHANGE
All prices are fixed and firm and not subject to price adjustment by Seller. Buyer may cancel its order to
purchase any product, the price of which is increased (except for agreed change orders), by giving written notice
thereof to Seller within ten (10) days after receipt of notice of such increase. The specifications concerning the
Product(s) covered hereunder are subject to change by Seller in order to permit incorporation of changes and
improvements in the continued development of Seller's products. Any adjustment in prices resulting from specification
changes shall be subject to Buyer's approval..
7. DELIVERY AND ACCEPTANCE OF TRADE-IN AIRCRAFT.
(a) Buyer must tender trade-in aircraft for acceptance by Seller in an airworthy
condition and must satisfy all of the following conditions:
(i) trade-in aircraft's engine(s) must pass power assurance checks conducted by
Seller in its acceptance inspection of the aircraft;
(ii) Buyer must deliver to Seller complete and accurate airframe and engine records
showing compliance with all airworthiness directives and mandatory service bulletins
applicable to trade-in aircraft;
(iii) Buyer must deliver to Seller a complete set of updated maintenance manuals for
trade-in aircraft unless originally delivered by CD ROM;
(iv) trade-in aircraft must have no damage history or corrosion, unless acknowledged and
accepted by Seller;
(v) Buyer must convey title to the trade-in aircraft free and clear of any liens, claims, security
interests, charges or encumbrances of any kind;
(vi) Buyer must deliver to Seller all • standard ground handling equipment and protective
covers for the trade-in aircraft;
XI
eurocopter
en EARS Company
City of Miami
RFP 04-O5-0091
Helicopter
(vii) all equipment and systems installed on the trade-in aircraft at the time of
the detailed inspection by Seller, which is provided for in paragraph 7(b) below,
must be installed and fully operational and, if no detailed inspection is conducted,
then all equipment and systems installed on the trade-in aircraft at the acceptance
inspection by Seller, which is provided for in paragraph 7(b) below, must be
installed and fully operational;
(viii) no life -limited component installed on the aircraft at the time of the detailed
inspection by Seller (provided for in paragraph 7(b) below) can be replaced thereafter
unless required for the aircraft to remain airworthy, in which case the replacement
component must have a time remaining value equal to, or greater than, the unit being
replaced; and
(ix) annual and/or other periodic inspection(s) as specified by Seller must be
completed within the period(s) specified by Seller.
Seller will accept title to trade-in aircraft upon Buyer's compliance with all of the conditions enumerated
above.
(b) Seller shall be entitled to conduct a detailed inspection of the trade-in aircraft at Buyer's facility at a mutually
agreeable time following execution of the Purchase Agreement by both parties. Seller shall be entitled to
conduct an acceptance inspection of trade-in aircraft at Buyer's facility within a specified period of time
acceptable to Seller following the date on which Buyer tenders the trade-in for acceptance by Seller by giving
notice of tender in accordance with the notice provisions herein. The delivery date for Buyer to tender the
trade-in to Seller for acceptance is specified on the face of this Purchase Agreement.
(c) Any trade-in amount set forth in this Purchase Agreement will be contingent upon and subject to Amercian
Eurocopter's acceptance of the applicable trade-in aircraft. If Buyer fails to comply with any of the
conditions in paragraph 7(a), all costs necessary to correct the deficiencies, if correctable, will be borne by
Buyer and all such deficiencies must be corrected to Seller's satisfaction before it shall be obligated to accept
title to the trade-in aircraft. If Buyer fails to comply with any condition in paragraph 7(a) as of the delivery
date specified herein for the trade-in aircraft, Seller, in its sole discretion, may specify, then or at any time
thereafter, a period of time by which Buyer must cure the deficiencies to Seller's satisfaction; however, Seller
is not obligated to allow Buyer any period of time to cure any such deficiencies. If Buyer fails to comply
with paragraph 7(a), Seller may elect not to accept the trade-in aircraft, in which case the net purchase price
owing by Buyer shall be adjusted accordingly. Any amount owing to Seller as a result of any such
adjustment shall be due from and payable by Buyer on the payment terms specified on the face of this
Purchase Agreement unless otherwise specified herein. Seller, at its option, shall be entitled to holdback
S_N/A at time of delivery until such time as it can conduct a detailed inspection of the trade-in aircraft.
Seller will return the holdback to Buyer, or any portion owing thereof, within thirty (30) days of the delivery
date provided the trade-in aircraft requires no maintenance actions under paragraph7(a), normal wear and tear
excepted.
(d) Buyer represents and warrants that when it conveys title to the trade-in aircraft to Seller:
(i) Buyer will have good and marketable title to said aircraft;
(ii) Buyer will be the sole owner of said aircraft; and
(iii) Buyer will be duly authorized and entitled to sell, transfer, convey, and assign all of its right, title and
interest in and to said aircraft and will not violate any agreement or provision thereof by doing so.
(e) In the event Seller shall acquire title to trade-in aircraft subject to any liens, claims, security interests, charges
or encumbrances, Buyer shall promptly cause any such liens, claims, security interests, charges or
encumbrances to be terminated, released, or otherwise discharged and shall hold Seller harmless against any
liability arising from, relating to, or based upon any such lien, claim, security interest, charge, or
encumbrance.
8. GENERAL,.
(a) This Purchase Agreement and the rights of the parties hereto shall in every respect be governed by and
construed in accordance with the substantive laws of the State of Florida, without reference to the laws
of any other state or jurisdiction. Buyer hereby irrevocably consents and agrees that any legal
proceeding arising out of or in connection with this Agreement or the rights of the parties hereto may
be commenced and prosecuted to conclusion in Miami, Miami -Dade County, Florida.
(b) Buyer shall neither assign any rights nor delegate any duty under this Purchase Agreement without the
prior written consent of Seller.
(c) The undersigned signatory for Buyer hereby represents that he/she is Buyer's
authorized representative and that Buyer is fully authorized and empowered to enter
XI
eurocopter
en CADS Company
City of Miami
RFP 04-05-0091
Helicopter
into this Purchase Agreement and has full authority to perform the terms and
conditions hereof. This Purchase Agreement may be executed in multiple
counterparts which together shall constitute the original hereof. The signature of
either party exchanged by facsimile transmission shall be binding to the same
extent, and have the same force and effect, as the exchange of an original written
signature.
The language of each provision of this Purchase Agreement shall be construed as it
relates to the entire agreement and accorded its fair meaning without regard to the
person who drafted all or any part of this Purchase Agreement.
If any part of this Purchase Agreement shall be held by any court of competent jurisdiction to be illegal
or unenforceable, the rest of this Purchase Agreement shall not be affected and shall remain in full
force and effect.
Nothing in this Purchase Agreement shall constitute or create a joint venture, partnership, agency, or
any similar relationship between Buyer and Seller. Buyer agrees to take such other action and to
execute and deliver such agreements or other documents as may be reasonably necessary or desirable
to carry out the purposes of the provisions of this Purchase Agreement.
9. NOTICES.
All notices, requests, and other communications hereunder shall be in writing and shall be deemed to be given
and received (a) when personally delivered by hand to the recipient or (b) three (3) days after deposit in
registered or certified first class U.S. mail (or comparable national postal system, if appropriate), postage
prepaid, or (c) transmitted by facsimile to the recipient at the address set forth under such recipient's name on
the first page of this Purchase Agreement.
10. MODIFICATIONS.
This Purchase Agreement constitutes the final written expression of all the terms of
this Purchase Agreement and is the complete and exclusive statement of those
terms. No modification or amendment, except for approved change orders, made
to the printed terms and conditions of this Purchase Agreement shall be effective
until both parties shall have signified their acceptance thereto by separately
initialing each modification or amendment. Any subsequent modification,
amendment, or waiver to this Purchase Agreement must be in writing and signified
by both Buyer and Seller.
XI
ATTACHMENT B
arnerican
eurocopter
an EARS Company
Life Cycle Costing/Total Cost of Ownership
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
VI
amertcan
eurocopter
an EAOS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
B. Detailed Cost Configuration
MIAMI POLICE DEPARTMENT
EC12013 - PARAPUBLIC
One New, EC1211E CofH,ri, in AE Standard Configuration, 5 passengers (incl. Pilot), 2tFr_)5,Tri_ilig
STANDARD CONFIGURATION:
• Left Hand Sliding Door • Rotor Brake
• Energy Attenuating Seats • Long Boarding Steps
• Cabin Heal/Demister • Nigh Skid Gear w'Boarding Steps
• Tinted Windows • excluding Windshield
• Exterior Choice of up to three (3) colors m ono of AEC Standard Paint Schemes
• Interior: Factory covered cushions in gray leather with coordinating fabric inserts.
Choice of heavy duty vinyl flooring or utility carpet.
999 ,000
ADDITIONAL AIRFRAME EQUIPMENT:
120E-FOOSF Ground Power Electrical Receptacle 1,370
1206-K301F Dual Controls 13326
1200-K003F Multifunction Pilot Cyclic 826
1208-14]06A Collective Activated Hourmeler 1,864
1208-0002F Comfort Cabin Layout 16,426
1208-0006F Air Conditioning System 36,065
120E-M001F Dual Ground Handling Wheels 2,822
1208•M054C SX16-Complete with Cal Meeker Mount 72,000
1206-M032A Full Cyclic Control (Relay Box) 9,346
12013-LOC1A Belly Strobe Lights 3,384
1208-F005V Skid Shoes - Short Length Carbide 2,003
1208•POOIF Engine Washing Device 1,902
1208.D001A High Visibility Main Rotor blades Paint 1,880
BMS Helicopter Transmit System 6.4-Ghz 41,539
HMS Portable Briefcase Receiver 15,187
BMS HHR24-9P-A Skylink Receiver 11,422
BMS: FCC Licensing fro 6,4GHz 3,000
Ultra FLIR 8000 - Complete with Monitor 28E1,018
DVR Recorder for FUR 10,266
Sloss 16642
120E-P003F Wire Strike Protection System 37,913
567 ,201
AVIONICS:
Fliglrl Insiui nsnts:
1205A002V Attitude Gyro
120E-AD04V Vertical Speed Indicator 2"
7,291
2,617
Corn, NovConflgniation Package: 109,223
COM/NAV/GPS GN5430 Garmin I89B6
GPS Antenna GA56 Garmin INCL
COM Antenna 1E060 Dayton Granger INCL.
NAV Antenna DMN48-1 D&M INCL
NAWGS Diplexer DMH22,1 D&M INCL
COM KY196A•60 Bendix King 4.947
COM Antenna 16060 Dayton Granger INCL
Transponder, Mode S G1X330 Garmin 7,281
Antenna DMN170-1 D&M INCL
Blind Encoder 5123-P1 United instruments 2,226
Blower KA33 01 Bendix King 1,660
ELT ELT200HM Aries
Radio Master Regular AE 39,65266
Compass 1 Bendix King 17,755
Audio Poot Agg55Ad...
NAT 23,112
Audio Co-pilot AA95 NAT INCL
Audio Rear AA95 NAT INCL
ICS Mode Select AA31 NAT 3,486
Headsets, (5) ea -Noise-attenuating stereo H10-13HXP David Clark 7,132
Cod Cords, (3) ea.... VOL
800 MHz Provisions t Astro W.7 Motorola 4,895 CFE
800 MHz Antenna C1306 Comanl INCL
Sidelone Amplifier AA34-300 NAT 3666
26-14 VOC Converter UC28-14 KGS 1,585
Nate ° Motorola GFE radio must be set for 10 watts or foss and should have test
frequencies programmed so that the radio system can be tested. May also require special
ogramming for the key line.
119,131
continued on next page,..
VI
american
eurocopter
an EARS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
Detailed Cost Configuration (cont...)
Miami Police Department
EC12OD - PARAPUELIC
Page Iwo of two
ADDITIONAL PROVISION: TRAINING 8 TRAVEL IIICInded
Pilot Training: One (1) additional Pilot Transition training slot for a total of Iwo (2) Pilot
Transition training slots. Training to be conducted at AE's facility in Grand Prairie, Texas at
time of delivery. All flight training lo commence in Customer's aircraft. Pilot Training includes
airfare, hotel, one (1) rental car and meal per diem (@140.00 per day). Reference Section 5 of
Terms and Conditions TRAINING MUST BE SCHEDULED AT LEAST 14 DAYS IN
ADVANCE PLEASE CONTACT SANDI WORSHAM AT (972) 641-3662 TO SCHEDULE
ALL ASPECTS OF THE TRAINING, INCLUDING TRAVEL AND ACCOMODA TIONS.
Mechanic Training: One (1) additional Mechanic training slot for a total of two (2)
Mechanical training slots. Training to be conducted at AE's and TEC's facility in Grand
Prairie, Texas Mechanic Training includes airfare, hotel, one (1) rental car and meal per diem
(Q$40.00 per day). Reference Section 5 of Terms and Conditions. TRAINING MUST BE
SCHEDULED AT LEAST 14 DAYS IN ADVANCE PLEASE CONTACT SANDI WORSHAM
AT (972) 641-3662 TO SCHEDULE ALL ASPECTS OF THE TRAINING, INCLUDING
TRAVEL AND ACCOMODATIONS.
Trip 1: Prelimhtaty Design Review (PDR): One (1) Round -Trip visit to American Eurocopter
for Iwo (2) people of Miami's choice, for two (2) days (encompassing one night.) Airfare, Hotel
and meals provided by AE. TRIP MUST BE SCHEDULED AT LEAST 14 DAYS IN ADVANCE,
PLEASE CONTACT REGIONAL MARKETING MANAGER TO SCHEDULE ALL ASPECTS OF
THE TRIP, INCLUDING TRAVEL AND ACCOMODATIONS.
TO 2: Inspection: One (1) Round -Trip visit to American Eurocopter for two (2) people of
Miami's choice, for two days (encompassing one night.) Airfare, Hotel and meals provided by
AE. TRIP MUST BE SCHEDULED AT LEAST 14 DAYS IN ADVANCE, PLEASE CONTACT
REGIONAL MARKETING MANAGER TO SCHEDULE ALL ASPECTS OF THE TRIP,
INCLUDING TRAVEL AND ACCOMODATIONS,
WARRANTY:
3-Year warranty only on the airframe included
2-Year warranty on all parts (AE and non-AE) Included
Service by the Hour- on the Power Plant
Option 1 First Life Program (price quoted: per hour up to 3 cycles per hour) 64 211
Option 2 Classic Program (price quote per hour for 1 cycle per hour) 77.70
SPECIAL CONSIDERATIONS: 4,919)
Management Specie/Consideration (19,980)
Wire Strike Special Consideration (7,469)
SX-16 Complete with Cal Meeker Mount Special considerat(an (7,470)
TUTAL, FAF GRAND PRAIRIE, TEXAS $1,670.-113
Requested deviations may require additional charge anchor additional assembly time. Prices
quoted are for sales within the United States and its territories on4iExclusive of applicable
sales and use tax. Eurocopter completion subject to qualified vendor outsourcing to meet
delivery requirements. Prices and specifications are subject to change without notice as
required due to placement of firm order This quote is non -binding until accepted by
Management and en execration of a formal agreement. Quotation is valid for 180 days
Total Price for the EC120B configured as per the RFP is $1,670,413.
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ar nerican
eurocopter
an EARS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
This price includes a special consideration discount of:
1. $19,980 from AE executive management.
2. $7,469 for the Wire Strike Protection System
3, $7,470 for the SX-16 Complete with Cal Meeker Mount.
Place of delivery is AE's final assembly location.
There are many factors to consider when determining the Life Cycle
Costing/Total Cost of Ownership of a helicopter other than depreciation and
direct operating costs. These factors include but are not limited to market
solubility for used helicopters, aircraft condition, purchase and use of Component
Service Agreements and Service -by -the -Hour Plans and component run time.
Assuming current market conditions and that the City of Miami will continue to
take excellent care of its aircraft, one can calculate the Life Cycle Costs/Total
Cost of Ownership by the following:
1. From the DOC (which is certified by Conklin and deDecker), the EC120B
costs $227.81 per hour of use. Please note that the DOC is published as
a 10-year average based from flying 400 hours per year.
2. The estimated resale values of the EC120B configured and quoted for the
City of Miami, adjusted for depreciation, are as follows:
After 5-years: $1,334,000
After 10-years: $850,000
After 15-years: $637,000
After 20-years: $601,000
By combining factors One and Two above and understanding all the assumptions
and conditions involved, one can calculate the Life Cycle Costs/Cost of
Ownership for the EC120B.
American Eurocopter will happily calculate a descriptive set of values upon the City's
request.
B. Optional Configuration
As per the Configuration detailed above, American Eurocopter recommends the City of
Miami to consider:
I. Upgrading to the best FLIR technology available, the FLIR 8500 at an
additional cost of $34,638
2, Upgrading to Full -Length Carbide Skids Shoes for an additional $2,489.
VI
arnerican
eurocopter
an EARS Company
C.On-qoinq costs
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
1. Extended Warranty
The City has already requested and will receive a 2-year warranty on all PARTS. The
EC 120B airframe come standard with a 3-year/1,000 hour warranty.
The PowerPlant (Engine) has been quoted for Power -by -the -Hour. For more information
about the PowerPlant's Power -by -the -Hour Services, please reference Attachment C If
there are any questions or concerns, please call Ms. Stephanie Lewis directly at
Turbomeca:
Stephanie Lewis
Stephanie.Lewis@Turbomeca.com
Business Development
Western Regional Sales Manager
2709 Forum Drive
Grand Prairie, Texas 75052
Office: (972) 606-7627
Cell: (214) 263-6599
Fax: (972) 606-7668
For more information about the Component Service Rates please reference Attachment D
or please do not hesitate to contact Mr. Anthony Baker directly at American Eurocopter:
Anthony Baker
Anthony.l3aker(a7EurocopterUSA.eom
Director of Business Development and After Sales Support
2701 Forum Drive
Grand Prairie, Texas 75052
Office: (972) 641-3581
Cell: (214) 215-7667
2. Maintenance and Training
The scheduled maintenance for the EC120B is at:
100 hrs or 12 months
500 hrs or 24 months
1,500 hrs or 72 or 144 months (whichever occurs first)
Training has been included for 2-pilots and 2-mechanics free -of -charge. Future cost of
training can be determined by type of training, certification requested, and the number of
people attending. AE will be happy to quote any combination there -of upon request.
VI
american
eurocopter
an FADS Company
City of Miami
RFP 04-05-091
Helicopter
Due: 05/22/05
Once again, more information about training can be obtained at the following website:
http://www,eurocopterusa.com/Training/TrainingF1ome.asp
3. Additional User Manuals and Maintenance Parts
In the event the City of Miami would require additional user manuals, the current cost of
user manuals is as follows for the EC120B and includes a 5-year update service:
2005 Pricing
Aircraft Maintenance Manual $662
Wiring Diagram Manual $258
Illustrated Parts Catalog $662
Flight Manual $329
Service Bulletin Catalog $339
System and Descriptions $372
Master Service Manual $1 S3
Turbomeca Maintenance $617
Complete set of Manuals On CD-ROM $1,950
VI