Loading...
HomeMy WebLinkAbout2011 CON Meggitt Training Systems - Amendment #2 PD Indoor Shooting RangeSECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MEGGITT TRAINING SYSTEMS, INC. This Second Amendment to Agreement is entered into this 1st day of July 1, 2011, by and between the City of National City, a municipal corporation (the "CITY"), and MEGGITT TRAINING SYSTEMS, INC. (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an Agreement on July 1, 2009, (the "Agreement") wherein the CONTRACTOR agreed to provide as -needed maintenance and repairs for the target system in the indoor shooting range at the National City Police Department located at 1200 National City Boulevard, from July 1, 2009 through June 30, 2010, in an amount not to exceed $3,590. B. The Agreement provided an option to extend the teiul of the Agreement for one- year, with up to three extensions. C. On July 1, 2010, CITY and CONSULTANT entered into the First Amendment to the Agreement to extend the term of the Agreement for a term of one year, expiring on June 30, 2011. D. The parties desire to exercise the option to extend the Agreement for the second of the three one-year extensions by extending the term of the Agreement for one additional year, from July 1, 2011 to June 30, 2012. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2011, shall be amended to extend the Agreement for an additional one-year term to provide as -needed maintenance and repairs for the target system in the indoor shooting range at the National City Police Department from July 1, 2011 to June 30, 2012, for the not to exceed amount of $4,090. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 1, 2009, shall remain in full force and effect. --- Signature Page to Follow --- IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Cis Zap If y Manager PROVED AS TO FORM: a, Esq. City Attorne Second Amendment to Agreement MEGGITT TRAINING SYSTEMS, INC. (Signatures of two corporate officers required) By: e /vf / (Print) // V I4 0-R (Title) By: Y" C kik/ d ('game) (Print) i re.civv 6F Covci-Y at els (Title) - 2 - Between City of National City and Meggitt Training Systems, Inc. June 16, 2011 National City Police Department 1200 National City Blvd. National City, CA 91950 Attn: Lt. Jose Tellez jtellez@nationalcityca.gov MAINTENANCE AGREEMENT M EGGiTT 1.1. This agreement is made and entered into this /5/ of 1 kW 2011 by and between Meggitt Training Systems and the National City Police Department. Under the terms of this agreement, Meggitt Training Systems will provide all labor, travel, expenses, etc., required to perform the maintenance and repairs, as needed, at the customer's facility. This agreement provides for 2 visit(s) per year to be scheduled in conjunction with other local area visits. All work performed will be as described herein. Scheduling of this contract is pre -scheduled by the customer by month, specific day is the decision of both parties mutual agreement. 2.1. The Work During each visit a certified Meggitt Training Systems technician will perform the following services on site: 1. Test for proper operation all components of the target conveying systems. 2. Check and adjust drive belts, cables, electrical connection, target stops, carriers, take-up assemblies and all other components of the conveying system not mentioned herein. Any wheels, hardware, or pulleys necessary will be supplied at an additional charge. 3. Lubricate, as required, all components requiring lubrication. 4. Clean the overhead track system of debris as required. 5. Repair as required any non-functioning target lane or component thereof. Including electronic assembles and the master control console. (On site only and parts are extra) 6. Inspect all ballistic protection equipment including the bullet trap for improper wear and tear or the accumulation of lead and/or other debris. 7. During the course of work the Meggitt Training Systems technician will provide the customer with basic instruction of maintenance and operation procedures. Meggitt Training Systems Inc 296 Brogdon Road, Suwanee, Georgia 30024, USA Tel: +1 678 288 1090 Fax: +1 678 288 1515 www.meggitttrainingsystems.com www.meggitt.com MEGGiTT 3.1 Payment In consideration of the above, the customer agrees to pay Meggitt Training Systems within 30 days of the rendered services, the sum of $ 1,895.00 USD per each visit provided under this agreement, plus the amount of parts used as authorized by the customer. 4.1 Special Conditions This agreement shall remain in full force and effect for a period of one year from the date of this agreement. Maintenance contract, unless specified below, will assume expiration date from 1 year of the "contract entered date" provided by you in paragraph 1.1 herein. Other expiration date: *The option of a year extension maintaining same price. Please initial 4.2 This agreement may be renewed, subject to a renegotiated price, by the customer serving written notice on Meggitt Training Systems within 10 days of its expiration. 4,3 Meggitt Training Systems agrees to provide the customer liability, and workman's compensation insurance in the aggregate amount of no less than 2 million dollars or as is required by the customer. 4.4 All work completed under this contract will be covered by a 90 day parts and labor warranty. 5.1 Exclusions Lead removal and or bullet trap repair is not covered under this agreement. 6.1 Please indicate below when your fiscal budget year begins: 77/ and the submittal deadline for all proposal renewals: 7/ 1 7.1 Other Conditions: 1. "Limitation of Liability: Nothing in this contract shall exclude or limit the Supplier's liability for death or personal injury caused by the Supplier's negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited. EXCEPT AS STATED ABOVE, THE TOTAL AGGREGATE LIABILITY OF THE SUPPLIER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER FOR NEGLIGENCE OR OTHERWISE, SHALL IN NO EVENT EXCEED 20% OF THE TOTAL CONTRACT VALUE IN NO EVENT SHALL THE SUPPLIER BE LIABLE FOR LOSS OF PROFIT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF REVENUE OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL LOSS OR DAMAGES, OR PUNITIVE OR EXEMPLARY DAMAGES, HOWSOEVER CAUSED. These clauses set out the entire liability of the Supplier (including any liability for the acts or omissions of its sub- contractors) in respect of any breach of this contract or orders placed under it and any representation, statement or tortuous act or omission including negligence arising under or in connection with the contract. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract." Meggitt Training Systems Inc 296 Brogdon Road, Suwanee, Georgia 30024, USA Tel: +1 678 288 1090 Fax: +1 678 288 1515 www.meggitttrainingsystems.com www.meggitt.com MEGG ITT 2. "Force Majeure: Neither party shall be in default of its obligations under this Agreement by reason of delay or failure to perform if such delay or failure arises out of causes beyond the reasonable control and without the fault or negligence of the party including, but not restricted to, acts of God, acts of governments, fires, floods, epidemics, quarantine restrictions, terrorism, war, labor unrest and unusually severe weather ("Excusable Delay"). The party experiencing the Excusable Delay shall give prompt written notice to the other party upon such party becoming aware of any circumstance or event which may reasonably be anticipated to cause or constitute an Excusable Delay as described herein. Such notice shall contain a description of the delay and of the affected portion of the Work. In the event that MTS is the party experiencing the Excusable Delay, MTS, in its discretion, may delay delivery, cancel delivery, make price adjustments and/or allocate delivery among customers as necessary due to such unexpected event and during the period of such Excusable Delay. If the Excusable Delay continues for a period of 30 days, the party not experiencing the Excusable Delay may terminate this Agreement with no cost or liabilities accruing to either party." Pursuant to the above terms and conditions this contract has been duly executed by the following parties. Tim Holley ational ity Police Depart Tim Holley Installation and Field Service Manager Meggitt Training Systems, Inc. 296 Brogdon Road Suwanee, GA 30024 USA Direct Phone: +1-678-288-1191 Fax: +1-678-288-1503 t im. h o l ley(a.m eq q itt. com www. meggitttrainingsystems.com Service help Desk Toll Free Phone: (800) 344-6771 M EGG TT Smart eng ineerin+t for ext.renne environments Meggitt Training Systems Inc 296 Brogdon Road, Suwanee, Georgia 30024, USA Tel: +1 678 288 1090 Fax: +1 678 288 1515 www.meggitttrainingsystems.com www.meggitt.com `4� b' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DOfYYYY) 07/14/2011 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 Marsh Risk & Insurance Services License No. 0437153 777 South Figueroa Street Los Angeles, CA 90017 Attn: Anna Martinez - Ph: (213) 346-5653 803522-MTran-CAS-10-11 MTrain MTrain CONTACT NAME:PHONE FAX (A/C No EMI: (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC it INSURER A: Allianz Global Risks Us Insurance Company 35300 INSURED Meggitt Training Systems, Inc. 296 Brogdon Road Suwanee, GA 30024 Travelers Property Casualty Co. Of America INSURER s 25674 INSURER c : Travelers Indemnity Co Of America 25666 INSURER D INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: LOS-001465744-01 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF IMM/DOIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CGL2003176 "$100,000 SIR" 12131/2010 12/31/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 X CONTRACTUAL GENERAL AGGREGATE $ 1,000,000 PRODUCTS - COMP/OP AGG $ 1,000,000 GEN'L AGGREGATE X POLICY LIMIT APPLIES PRO JECT PER: LOC $ B AUTOMOBILE X LIABILITY _ _ SCHEDULED AUTOS NON -OWNED AUTOS TJCAP419J6145 $500/$500 Comp & CoII Ded 12/31/2010 12/31/2011 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ DAMAGE PROPERTY accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ULA2003177 "$10,000 SIR" 12/31/2010 12/31/2011 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DED RETENTION $ C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N NIA TC2HUB419J3585 TRJUB419J3573 1213112010 12/31/2010 12/31/2011 12/31/2011 X WC STATU- TORY LIMITS IOTH- LFR E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Maintenance Agreement National City, officers, employees are included as Additional Insured (except for workers compensation) where required by written contract between the Insured and the Certificate Holder and in accordance with the terms and conditions of such contract and the terms and conditions of the insurance policy. Workers Compensation - Where required and where applicable waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION National City Police Department 1200 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services Cynthia Glist ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 15 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizetion(s) (Vendor) Your Products All vendors of "your products" All of "your products" Information required to complete this Schedule, if not shown above, wiil be shown in the Declarations. A. Section it — Who Is An Insured is amended to include as an additional hsured any person(s) or organization(s) {referred to below as vendor} shown in the Schedule, but only with respect to "bodily in- jury" or "property damage" arising out of "your prod- ucts" shown in the Schedule which are distributed or sold in the regular course of the vendor's busi- ness, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or 'property damage' for which the vendor is obligated to pay dam- ages by reason of the assumption of liability in a contract or agreement. This exclusion does not app"y to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you', CG 20 15 07 04 c. Any physical or chemical change in the product made intentionally by the vendor, d. Repackaging. except when u7paoked solely for the purpose of inspection. demonstration, testing; or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original container. e. Any failure to make such inspections, al- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in cor•,nection with the distribution Of sale of the products f. Demonstrationinstallationservicing or repair operations, except such operations performed at the vendor's premises in con- nection with the sale of the product; g ISO Properties. inc.. 2004 Page 1 of 2 €O POLICY NUMBER: TJ-CAP-41 9J61 45-TI L -1 O COMMERCIAL AUTO ISSUE DATE: 02-•10-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. SCHEDULED PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT PROVISIONS A. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II -LIABILITY COVERAGE' Any person or organization shown above who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Cov- erage, but only for damages to which this inuur-• ance applies and only 1a the extent that person or organization qualifies as an "Insured" under the 'Who Is An Insured provision r,sntainod in Section €i B. The following is added to Paragraph 5., Other Insurance, in B. General Conditions of SEC- TION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, if the scheduled person or organization shown above has other insurance under which it is the first named insured and that insurance also ap- plies: then this insurance is primary to and non- contributory with that other insurance when the written contract. or agreement between you and that scheduled person or organization, that is signed and executed by you before the "bodily in- fUry" or "property damage" or:ic:ur5 and that is in o ft t. during the poir:,y period. requires tiit.i ti?.`.atr- c.e to be y and rein-ct;r+triburury C.AT4420409 CJ 7CCO, -;rip. Tr:d�Ei!'�.$ t'•nl:2Udi)ip if �': Page 1 :it 1 TRAVELERS) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC DO 03 13 (00)- POLICY NUMBER: (TC2HUB-419J3585-10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We Minot enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED IN A WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER • DATE OF ISSUE: - - ST ASSIGN: OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax MEGGITT TRAINING SYSTEMS, INC. Amendment #2 NCPD Indoor Shooting Range Target System Maintenance & Repairs Ronni Zengota (PD) Forwarded Copy of Agreement to Contractor