HomeMy WebLinkAboutLW15-400 - Original - Virtual Training Simulator - Goods and Services Agreement - 12/22/15 1
Records M,aln-d" gemen't,
Document
CONTRACT COVER SHEET
This is to be completed by the contract Manager prior to submission
to City Clarks Office. All portions are to be completed.
%f you have questions, please contact (City Clerk's Office.
Vendor Name. PlegG itt Traiy)inq 5t ){LUV1S , lnc
Vendor Number.
JD Edwards Number
Contract Number. LVVI�
This is assigned by City Clerk's Office
Project Name; 1/IV'll-VC11 l i�V1 f q 7fffiI lLtf0✓
Description. ❑ Interlocal Agreement ❑ Change Order [] Amendment ❑ Contract
�l Other: (1 a AGwIt .
Contract Effective Date. I? rn I Termination Rage. 6 )31
Contract Reneuval Notice (Days).
Number of days required notice for termination or renewal or amendment
Contract Manager: J. )N"j�t._ Department. LaW
Contract Amount,.
Approval Authority. ❑ Department Director ❑Mayor ($,City Council 01 K5-1 I"a
Detail. (i.e. address, location, parcel number, tars id, etc.).
adccW10877 8 14
WASNINGT�N
GOODS & SERVICES AGREEMENT
between the City of Kent and
MEGGITT TRAINING SYSTEMS, INC.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and MEGGITT TRAINING SYSTEMS, INC. organized under
the laws of the State of Delaware, located and doing business at 296 Brogdon Rd. Suwanee, GA,
30024 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
Virtual 1- Screen Law Enforcement Training System; BLUEFIRE M&P 40 Pistol and
SRS Carbine Rifle Weapon Simulators; BLUEFIRE Fill Station; Magazine Adapters for
M&P 40 Pistol and SRS Rifle; and Compressed Air Assembly, all in accordance with
Proposal #MTSI5USL0835 Rev 3, dated July 29, 2015, which is attached and
incorporated as Exhibit A.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services no later than May 31, 2016.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed
$79,998.51 (seventy-nine thousand nine hundred and ninety-eight dollars and fifty one cents),
including applicable Washington State Sales Tax, for the goods, materials, and services
contemplated in this Agreement. The City shall pay the Vendor the following amounts according
to the following schedule:
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Net 30 days via a purchase order upon full execution of this Agreement.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves
the option to only pay that portion of the invoice not in dispute. In that event, the parties will
immediately make every effort to settle the disputed portion.
GOODS &SERVICES AGREEMENT - 1
(Over.$10.000.00, including WSST)
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City but shall not exceed the Agreement price. The City further reserves its
right to deduct these additional costs incurred to complete this Agreement with
other sources, from any and all amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Vendor has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
B. The Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings
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of its business.
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V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
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amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving a written amendment from the City. If the Vendor fails to require
an amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving j
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
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GOODS & SERVICES AGREEMENT - 3
(Over$10,000,00, including WSST)
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B. Records. The.Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction. The costs associated with correcting
the work shall in no event exceed the Agreement price.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract
work, file the attached Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Vendor's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the j
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any
loss of or damage to materials, tools, or other articles used or held for use in connection with the
work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
i
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
VENDOR: CITY:
MEGGITT TRAINING SYSTEMS, INC. CITY OF KENT
By: By: CC��
(signature) (signature)
Print Name: Amy Gerot Prin N m Suzette Cooke
Its Senior Contracts Administrator Its a or
(title)
DATE: 12/22/2015 DATE:
GOODS & SERVICES AGREEMENT- 6 j
(Over$I0,000.00, including WSST)
I. C efnter arts. This Agreement may be executed in any numb f counterparts,
h'each of w shall constitute an original, and all of which will togeth _ constitute this one
Agreem qpt.
IN WITN ic
S, the parties below execute this Agreement, r ' shall become
effective on a last slate entered below. r�
VENDOR: CITY:
MEGGITT TRAINING SYSTEMS, INC. CITY OF KENT
By: By:
(srgn Lure) (5�gnature)
Print Name: Print Name: So ette Cooke
Its Its—,,-'Mayor
(title)
DAT wt
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Amy Gerot, Contracts Administrator Christopher Sprague
Meggitt Training Systems, Inc. Kent Police Department
296 Brogdon Road 220 Fourth Avenue South
Suwanee, Ga. 30024 Kent, WA 98032
(678) 288-1090 (telephone) (253) 856-5857 (telephone)
(678) 288-1515 (facsimile) (253) 856-6330 (facsimile)
AP R VED AS TO FORM:
Ken L w Department
vgaW%Rl-%Op,9l..\033Palm Gavz1-20M7ralWng Sm,W d-
GOODS & SERVICES AGREEMENT 7
rn,.Pr tin_nnn no lnchid;na wssT
DECLARATION
CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors,. subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
r
CITY OF &CENT
ADMINISTKATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
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Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
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I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the_
(date) between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 200_.
By:
I
For:
Title:
Date:
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EEO COMPLIANCE DOCUMENTS - 3 of 3
d' b c
MEGGITF
DATE: 29-Jul.2015
SUBMITTED TO: City of Kent Police Department
220 Fourth Avenue South
Kent,WA 98032
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POC: Christopher Sprague
TEL.: 253.856.5857
EMAIL: csoragueAkentywe.gov
PROPOSALNO.: MTS150SLOB35 Rev
RE: Virtual Portable Law Enforcement Training System
OFFER TYPE: Open Market Offer
BASE BID ITEMS
n• r r e e w i
OPEN MARKET VLSYS L7-USG Virtual l-Screen Law Enforcement Training System,rack-mounted with floor or 1 EA $ 37,004.00 $ 37,004.00
ceiling projection options.Allows 1 to 4 officers to Vain in Individual
Marksmanship(Lanes),and 1 to 8 officers using lethal and less than lethal force
techniques,as well as escala loNde-escalation,throughout he entire farce
continuum in Judgmental Training(Video).System Includes installation and
training,and a 1-year warranty.Software and scenarios included in price.
OPEN MARKET V-BW-MP40 BLUEFIRE-M&P 40 Picini-Weapon Simulator 2 EA $ 7.500.00 S 15,OWDO
OPEN MARKET RF-M4-BF-AU-FT-RA FATS SRS Carbine Bills BLUEFIREa-Auto-Removable Carrying Handle- 2 EA $ 10,372.00 $ 20,744A)
Picationy Handiluard-Weapon simulator
OPEN MARKET BF-FS-03 BLUEFIREO FIII Station wMlOal BLUEFIREOvreapon Magazine Adapterfor 1 EA $ 1,605.00 $ 1.805.00
M&P40
OPEN MARKET BF-FSL-0I-SYS Compressed Air Bottle Assembly to be used with BLUEFIREO FIII Station. 1 EA $ 412.00 $ 412.9
Includes Tank and Yoke Valve Assembly.
OPEN MARKET BF-FS-MAG Magazine AdapterforSRS M4 Rile 1 EA $ 240.00 $ 240.00
OPEN MARKET I&T Installation&Training.2 days. Up to 5 Tralnees per Simulator 1 LOT INCLUDED INCLUDED
OPEN MARKET WRTY 12-Month Warranty 1 LOT INCLUDED INCLUDED
OPEN MARKET FRT CONUS Shipping 1 LOT INCLUDED INCLUDED
OPEN MARKET DISCOUNT Special One-Time Offer Discount 1 LOT -$ $147.00 -$ $147.00
Subtotal Price $ 73,058.00
OPEN MARKET TAX Washington State Sales Tax(9.5%) 1 LOT $ 6,940.51 $ 6,940.51
:BASE BID TOTAL PRICE $ 79,998.51
SPECIALNOTES
NOTE 1:Please reference MTSI 5USLO335 Rev 3 on your Purchase Order,in order to expedite processing.
NOTE 2:Orders may be faxed or emalled to:678.288,15151 MTSContracts@maggittcom,Attn:Contracts
NOTE 3:All items quoted are Open Market as specified,and include CONIES Shipping.
NOTE 4:All equipment quoted are covered under 12 Month Warmly
SALESTA%: If your organization is federal or state taxexempt,provide a copy of the lax exemption. MTSI Is responsible for collecting sales tax in the following slates:CA,CT,FL,
MN,GA,IL,KY,VA,NJ,BD,and WA. If vrork is to be performed in any of these slates under a Purchase order Issued as a resulted Oils proposal,any applicable
sales tax will be added to die final invoice.If your organization is exempt from slate sales For,a copy of the tax exemption certificate will be required,Otherwise,
please include the sales tax value on any resulting purchase order.
DELIVERY. Delivery on all items is%90 days alter receipt and acoeplance of order,receipt of End User CerOricate,and any required United Slates State Dept.or Bureau of
Alcohol,Tobacco,Firearms and Explosives(ATE)licensing,whichever occurs last,unless otlrenvise noted.
-Delivery time forme Is subject to avallabli ty of weapons from the manufacturer.
VALIDITY: Quote is valid for 90 days.
F,1 file 2661
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CONTRACTOR: Meggilt Training Systems,Inc,(MTSQ
296 Brogdon Road
Suwarme,GA 30024
Tel: 678-288-1090
Fax:678-288-1515
PAYMENTTERMS: Payment Tens are 1O0%Not 3O Days.Any deviation must be mutually agreed upon in vnifing.
PAYMENTADDRESS: Mai Training Systems,Inc.
P.O.BOX 100530
Atlanta,GA 30384-0530
TERMS AND CONDITIONS: The Meggilt Training Systems,Inc.(MTSI)Standard Terms&Barriers(MTSI-DOM-001-Rev3-1O-21-2013]Incorporated by reference herein shall apply to all items
listed as°Open Marker Items.If[he Seller is awarded theconUeinpurchase order by the Buyer,the Seller presumes that the buying agency has followed all required ICI
compedlionJusdficaton.MTSI shall provide the Tens&Conditions upon request.
e•1 r I
EMAIL:M-Kcirraclsomeeatt com
FAX:678.288.1515
MAIL;Attn:Contracts Dept
Mai Training Systems,Inc.(MTS9
296 Brogdon Road
presence,GA 30024
Meggitt Training Systems,Inc.
Contract Administration Source:Amy Neighbors,Contracts Director j
Business Size:Large
DUNS Number:OG 765-5863
CAGE Code:O37VVB
TIN;58-2272995
Terms:Not 3O Days
Payment address:Mai Training Systems,Inc.
P.O.BOX 100530,Atlanta,GA 30304 0530
MTSIPOC: Mark zho
TITLE: Sales Account Manager
MOBILE: 770.549.499E
EMAIL: reark.ziyato'nmeggitt.cre
PREPARED BY: Rosa Martinez
TITLE: Proposals Specialist
OFFICE: 678,288.1490
EMAIL: rose,meWnezlo7meooilt,Came
Any andel efo„d'on end one conleLred free'n is Oe pr pe ly of hy,,U Petro s,Hr,lot(MTSIII dsho net nor any not v[orno,f,ic,Hit,Llo,Md6dend dcdloaled or In vfiae a In pvl for anyreacn oawr
Nan to eeaueleOrs prmusa'.If,hov,ax;s.,,ol IeanaNed to MTSI x e orrIf of or h orre ewith,the6rbmhsan of his pmpwS,the ei,i nt(Boy,)shel fare the dahl to duplicate,ore,cr dlsdose the infonnAlon and dare
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS.
Insurance
The Vendor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Vendor, its agents,
representatives, employees, or subcontractors.
A. Minimum Scope of Insurance
Vendor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury
and advertising injury, and liability assumed under an insured contract.
The City shall be named as an insured under the Vendor's Commercial
General Liability insurance policy with respect to the work performed for
the City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
I
2. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
B. Minimum Amounts of Insurance
Vendor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
than $2,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit.
2. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $2,000,000 per accident.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
1. The Vendor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
i
maintained by the City shall be excess of the Vendor's insurance and shall
not contribute with it.
2. Coverage shall not be cancelled, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City, whenever the giving of that advance notice is reasonably possible.
The City understands that advance notice may not always be possible
given Vendor's purchasing methods. However, Vendor will notify the City
promptly of any adverse changes to Vendor's insurance coverage, which
changes include reductions in coverage amounts or increases in
deductible amounts.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Vendor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Vendor's Commercial General Liability insurance shall also
contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current Standard & Poor's rating of not
less than BBB+.
E. Verification of Coverage
Vendor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Vendor before
commencement of the work.
F. Subcontractors
Vendor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the Vendor.
REQUEST FORMAYOR'S SIGNATURE
a T Print on Cherry-Colored Papeir
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Tammy White Phone (Originator): 5774
Date Sent: 12/22/15 Date Required: ASAP
Return Signed Document to: Kim KomOtO Contract Termination Date: 5/31/16
VENDOR NAME: Date Finance Notified:
Meggitt Training Systems Inc (Only required on contracts 9/1 5/1 5
20 000 and over or on any Grant)
DATE OF COUNCIL APPROVAL: 9/�5/15 Date Risk Manager Notified:9/15/15
(Required on Non-City Standard Contracts/Agreements)
Has this Document been Specificall Account Number: 16402256.66400.3370
Authorized in the Bud et? ie YES NO
Brief Explanation of Document:
i
Virtual Training Simulator is being purchased with funds from the School Zone Traffic
Safety Camera Program.
(k,hj Ul
t , �„
All Contracts Must Be Routed Through The Law Department(( }
(This area to be completed by the Law Department) 3� F
Approval of Law De t
Date FoPwAAb or:
I
Shaded Areas Tie Completed By Administration Staff
Received: -
RecommendatO � Clfikik'i°�W4nments:
I't
Disposition I)I
i
Date Returned:
PICIVII1Fu al0ommentProc¢5sinyJiequesl for Mnya Sy slave don '
ACC)IRLI® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDY YYI
12/30/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ',
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
March Risk&Insurance Services NAME:
License No.0437153 PHON a FAX
I Ext AUVC,No
777 South Figueroa Street E-MAIL
Los Angeles,CA 90017 ADDRESS:
Alin Anna Martinez-Ph:(213)346-5653 INSURE S AFFORDING COVERAGE HAIG#
S03522-MUSAX-CAS-15-16 MTrain INSURER A:ACE American Insurance Company 22667
INSURED MoggINSURER B:Hadford Fire Insurance Company 19682
296 Brt Training Systems,Inc.96 rogdon Road INSURER 0:NIA NIA
Suwanee,GA 30024 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: LOS-001987605-01 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR rypE OF ADDLSUBR- POLICY BEE POLICY EXP LIMITS
LTR O POLICY NUMBER MMIDDIYYYY MMIDDIYYYY
A X COMMERCIAL GENERAL LIABILITY OGLG25702578 1213112015 12(3l/2016 EACH OCCURRENCE $ 2.000,W0
AMAGE TO CLAIMS-MADE u OCCUR PREM SES En.=n nce $ 100,000
X CONTRACTUAL MED EXP(Any one person) $ 6,000
PERSONAL&ADV INJURY $ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,001),000
,I POLICYE] PRJECT O- ❑LOC PRODUCTS-COMPIOPAGG S 2,000,000
OTHER'. $
B AUTOMOBILE LIABILITY 72ABS23902 1213112015 1213112016 COMBINED SINGLE LIMIT 5 2,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED '$1,0001$1,000 Comp&Coll Dod' BODILY INJURY(Peraccidenh $
AUTOS AUTOS _-_
NON-OWNED PROPERTY DAMAGE - $
HIREDAUTOS AUTOS Peraceident _
$
A X UMBRELLA LIAB X OCCUR OGLG25702578 12131 015 12/31/2016 EACH OCCURRENCE _ $ 1,000,W0
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000
DEO I I RETENTION$ 5
B WORKERS COMPENSATION 72WNS23900 (AOS) LW112015 1213112016 X STATUTE OERH
AND EMPLOYERS'LIABILITY
B ANY PROPRIETOR/PARTNERIEXECUTIVE Y❑ 72WBRS23901 (W} 1213112015 1213112016 EL EACH ACCIDENT $ 1,000,000
OFFICERNEMSER EXCLUDED? N NfA
fMandalury In NH) EL DISEASE-EA EMPLOYE $ 1,00 ,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schetlule,may be ahached if more space is requiretlJ
Cerlifcate Holder Is included as addltlonal Insured(except workers'compensation)where required by written contract
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
220 Fourth Avenue South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Kent,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh Risk&Insurance Services
Cynthia Glist
91988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD