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2017 CON TI Training Corp - Use of Force Training Simulator
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TI TRAINING LE, LLC THIS AGREEMENT is entered into on this 15th day of August, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TI TRAINING LE, LLC, a Colorado limited liability company, D.B.A. "TI TRAINING CORP" (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide electronic use -of - force training for officers. WHEREAS, the CITY has determined that the CONTRACTOR is a company engaged in the design, manufacture, sales and maintenance of law enforcement simulators and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. WHEREAS, the CITY has determined that CONTRACTOR is the only source able to meet the Police Department's specific training needs which include the need for a simulator that: can function in a completely dark, partially -lighted, or fully -lighted room; offers vibration feedback if the participant is struck by a suspect's weapon; and offers integrated Axon (formerly Taser International) trainer simulation services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to advise on the installation of a video projector, speaker system, and associated wiring for a portable "Use of Force Training Simulator" at the Police Department, located at 1200 National City Boulevard, National City, CA 91950, as more specficially described in Exhibit "A". Upon completion of such installation, the CONTRACTOR will provide user training for the Use of Force Simulator system at the Police Department. CONTRACTOR shall provide such training to six National City Police Department Officers at a mutually agreed upon date and time, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 15, 2017. The duration of this Agreement is for the period of August 15, 2017 through December 15, 2017. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". 3. SCOPE OF SERVICES. The CONTRACTOR will perform those installation services and use -of -force training services to National City Police Department Officers as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. In this case the CITY will install the video projector, speaker system, and associated wiring for the portable "Use of Force Training Simulator". The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Lieutenant Robert Rounds hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Kila Otte thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on one billing covering actual work performed. The billing shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $53,851. The invoice will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this project, whether paper or electronic, shall become the property of the Standard Agreement Page 2 of 11 City of National City and Revised May 2017 Ti Training Corp CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY' S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. Standard Agreement Page 3 of 11 Revised May 2017 Ti Training Corp City of National City and 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in Standard Agreement Page 4 of 11 City of National City and Revised May 2017 Ti Training Corp conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of Colorado workers' compensation requirements; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or Standard Agreement Page 5 of 11 City of National City and Revised May 2017 Ti Training Corp volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate with a $1,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet Colorado statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 6 of 11 Revised May 2017 Ti Training Corp City of National City and H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. Standard Agreement Page 7 of 11 City of National City and Revised May 2017 Ti Training Corp D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Acting Captain Robert Rounds Police Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Kila Otte Vice President of Sales Ti Training Corp. 4680 Table Mountain Drive, Suite 150 Golden, CO 80403 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. Standard Agreement Page 8 of 11 City of National City and Revised May 2017 Ti Training Corp 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 by the CONTRACTOR. 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any Standard Agreement Page 9 of 11 Revised May 2017 Ti Training Corp City of National City and exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or SubCONTRACTORs. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subCONTRACTOR(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Standard Agreement Page 10 of 11 Revised May 2017 Ti Training Corp City of National City and CITY OF NATIONAL CITY By. on Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris Jones City Attorney By: J °" Roberto M. Contreras Deputy City Attorney TI TRAINING LE, LLC, a Colorado limited liability company, D.B.A. "TI TRAINING CORP" (Corporation — signatures of two corporate officers required) By: a= (J (Name) fqe_ (Print) (Title) By: (Name) (Print) Pre-s)eg.v‘t (Title) Standard Agreement Page 11 of 11 City of National City and Revised May 2017 Ti Training Corp Use of Force Training Simulator Proposal for: August 2, 2017 Lieutenant Robert Rounds National City Police Department Operations Support (619) 336-4433 — Desk (619) 336-4525 - Fax rrounds@nationalcityca.gov Ti Training Corp. Ti Training Corp. 4680 Table Mountain Drive Suite 150 Golden, CO 80403 Humberto Perez Sales Representative Humberto@Titraining.com 1.800.634.1936 X 310 (562)324-1532 Cell (303)414-3556 Fax 1 of 6 Ti The Strangest Element in Training Training Corp. CONTRACTOR INFORMATION FULL LEGAL FIRM/COMPANY NAME: Ti Training LE, LLC BUSINESS STREET ADDRESS: 4680 Table Mountain Dr. Suite 150 Golden, CO 80403 BUSINESS TELEPHONE NUMBER: 303-414-3555 BUSINESS FAX NUMBER: 303-414-3556 COUNTY: Jefferson MINORITY OWNED: NO NATURE OF BUSINESS: Design, Mfg., Sales and Maintenance of LE Simulators PRINCIAPALS: NAME: Gregory Otte TITLE: President NAME: Joe Mason TITLE: Vice President NAME: Kila Otte TITLE: Sales Director YEAR EST: 2006 FEDERAL TAX ID # 46-4301759 CCR# X9HJR5 DUNS # 7806 80802 2 of 6 Ti Training Corp. The Strongest Element in Training Training Lab TL-102 —Force Training System: Portable Configuration 1) TL-102 Training Lab STANDARD FEATURES: Portable Turn Key System Debrief) Ti Training Scenario Library 800+ pre -loaded Ti New Scenarios for life of system Ti Exclusive Certified TASER Courses and Scenarios Ti Windows Professional Operating platform Ti System is Self -Calibrating under any lighting conditions Ti Travel Case (Storm Type) Ti 17" Laptop with Training Lab Software Pre -Installed Ti HD 3D Video Projector (16:9 aspect Ratio) (1980x1280) Ti 12'x7' Portable Projection Screen 16x9 Format with Travel Case Ti Portable Speaker System Ti Exclusive Scenario and "On -the -Fly" 3-D Audio Ti Up to 12 Independently Detected Devices (e.g. 12 Separate Shooters) Ti PiP - Recording and Playback of Trainee — Audio and Video (Camera) ffl Customized Record Keeping and Report Generation Ti Advanced Debrief- (All of Your Teaching Tools Can Be Used in Scenario Ti All necessary cables, connections, software l� Lowlight Simulator includes 1 Flashlight (TL-517) with Filter Ti Baton Branching Ti 1- Laser OC Canister (TL-112) Ti 3- Laser Inserts for Glock 22 Gen 4 Trigger Kits (TL-270 + TL-268) Ti 12 Month Warranty — Extended System Warranties Available 1) TL-102 Training Lab System Pricing $19,750 REQUESTED ADD -ON OPTIONS EACH TOTAL 1) TL-REMOTE Portable Add -On Package Inc. projector, speakers, camera set & cable bundle $4,900 $4,900 1) TL-VRG-RIFLE Inert Replica AR Rifle with Laser $300 $300 1) TL-112 OC Laser Canister $1,400 $1,400 1) TL-119 G2 Tactical Flashlight, Black with IR Filter $250 $250 2) TL-201 TASER X-26 laser fitted, includes 1 Laser Cartridge $2,200 $4,400 1) TL-270 Training Lab Dry Fire Laser Insert (Firing Pin Activation) $900 $900 1) Pepper Ball Adaptor (Used with TL-270) $500 $500 1) TL-246b Vest Hostile Fire Simulation Package (1 Vest, 1 Auxiliary Box, 1 Laser Box) $3,900 $3,900 1) TL-244 Hostile Fire Vest - Stand alone $2,500 $2,500 1) 4YWU Additional 4 Year Warranty with Training Lab Upgrade during final year Included $10,500 $10,500 Additional Options $29,550 DISCOUNT -$3,000 3 of 6 Ti Training Corp. The Strongest Element in Training SUB -TOTAL $46,300 CA Sales Tax 8.75% $4,051.25 Onsite Training $3,500 TOTAL $53,851 Master Instructor Training @ Customer Site or Ti Academy (Golden, CO) Training is for 6 Students at the customers' site, 3 consecutive days 24 Hours) Shipping: There is no additional charge for shipping. Shipping is FOB destination. Terms: FOB: Destination Delivery: 45 days Warranty: 60 Months from delivery with system upgrade during final year included. Partial Shipment and/or Partial Invoices are accepted. Please note otherwise. Screen: Shipped direct from the factory. Ti "Mile High" Support Ti Training has a full time customer support representative who is available in the Colorado office, toll free phone, land line, fax and e-mail. The office hours in the Golden Colorado customer support department are: M — F, 7am — 6pm. Weekends and after hours the customer support tech is available 24/7 via cellular phone and e-mail. In addition to the full time customer support tech there are two trainers that have the knowledge of system operation. These two support people have the same office hours and are available via cellular phone and e-mail. If a system has to be mailed back for repair the turnaround time is 24 hours, if 24 hours cannot be met, a loaner system will be sent overnight. You can load your content and be up and training with minimal down time. In addition to the regular support Ti Training has an open training policy. Here in the Golden Office Ti hold monthly training session in both technical issues and user interface issue. These monthly classes are free of charge to attend. They are scheduled months out and a simple confirmation assures your people will never go untrained. It is the philosophy of Ti Training the system we manufacture and sell and only as good as the end user and their expectation. With that in mind we do everything possible to maintain an open dialog and continued training to make your training the best it can be. Below are the bullet points of the customer support plan: 4 of 6 Ti Training Corp. The Strangest Element in Training 11. 24 Hours a day, 7 days a week, 365 days a year Hot Line Technical Support via telephone On-line Remote Maintenance TT Diagnostics, Repair Parts and Labor 100% covered at the Ti Repair Facility in Colorado FIT Free Software Updates RI: Unlimited Credits to a Instructor Operation / Technical Course offered monthly, based on availability, Golden, Colorado W Loaner system while yours is in repair. Ti "Mile High" Warranty Upgrade Package This package includes 4 Years Additional Coverage that starts after the initial 1 year included in the base system package. Anytime within the 5th year of ownership of your Training Lab you can trade it in for a NEW Training Lab for no additional charge! This insures that your training technology is never out of date, always operational and includes the latest in advanced features. Training Lab TM Master Instructor Initial Certification Course Ti Training Corp. is committed to providing the best, most advanced and effective training to our customers. It is critical that our customers not only know how to operate the Training LabT"' system and its components, but also how to safely and effectively provide training in the simulated environment. All of this not only provides your agency's officers with the best possible training, it also can reduce agency liability due to the depth of the training received by your instructors Course Description: Ti Training Corp.'s course of simulation instruction is designed to train selected students in the set-up, function, operation, and maintenance of the Training LabTm and Training Room TM interactive simulation systems, manufactured by Ti Training Corp. These systems utilize the latest advances video, laser, RF and programming technology to provide an intuitive, easy to maintain training tools. These tools are designed to aid in teaching Public Safety Personnel to effectively and safely perform their duties. This course begins with classroom theory and progresses to "hands on", proficiency based exercises. We at Ti Training Corp recognize that even the most advanced technology is useless in the hands of someone who cannot effectively operate and maintain that technology. 5 of 6 Ti Training Corp. The Strongest Element in Training In addition to setup, operation and troubleshooting of the simulator, this course includes an Instructor development block entitled "Effective Simulation Training." Developed in conjunction with an accredited college and backed by scientific research, this portion of the course contains the latest training techniques and methodologies for providing effective training in a simulated environment. Some of the components of this section of the course are listed below for reference: MASTER INSTRUCTOR CERTIFICATION Successful completion of the entire course of instruction provided by Ti Training Corp certifies the attendees as "Plaster Simulation Instructors As such they can not only, provide training to members of your agency but they are also able to certify others within your agency as "Simulation Instructors." Topics Include: -Training Area Set Up - Training Objectives -Training Evolution - Lesson Planning -Scenario Implementation -Effective Debriefing 6of6 xh,b, � 13 May 17, 2017 Sole Source Document for Ti Training Simulation Products Lt. Robert Rounds National City Police Department Simulation for Law Enforcement has been around for more than 20 years; there have always been several companies offering some form of system. Ti Training has over 100 years of Law Enforcement Simulation manufacturing, sales and service experience within our Management team. We are all owners of the company and have a simple philosophy: Build a tool using the best, most reliable technology and then support our products and customers. Use of Force Simulator All simulators essentially have the same functionality of projecting stimulus onto a screen and allowing the trainee to interact with that stimulus. Differences occur in how that stimulus is projected, how the stimulus is created, how the scenario responds to different devices, the level to which the trainee can interact. Additional differences are in design architecture. For example, some systems do not provide the instructor with useful tools that aid in the teaching and learning process. The quality of user training, customer support and service and value also vary greatly among manufacturers. Here is a list of unique features that make the "Training Lab" Use of Force Simulator by Ti Training worthy of being sole sourced. The Company • The Company is employee owned small business. • The company is in its Tenth year of business. • The company has a D&B rating of 98% positive. • There is no "Parent" corporation to direct, alter or mingle in our affairs. • The Company markets and sells only to the Law Enforcement community. • The President has 21 years of successful Law Enforcement simulation leadership. • The VP of Operations has 34 years of Law Enforcement sales and 12 years in simulation. • The VP of Training has 20 years for Law Enforcement Simulation Training experience. • The VP of Business Development has 22 years in Law Enforcement simulation sales. • The Director of Sales has 20 years of Training, Content Design & Sales of LE simulators. • The entire management team has worked together for over a decade. "The Strongest Element in Training" 4680 Table Mountain Drive #170 Golden, CO. 80403 www.Titraininzcoin 800.634.1936 The Product "Training Lab" Ti used off the shelf products combined with proprietary software and lasers to create the most advanced simulation system for law enforcement today. Ti is the only manufacture of the Training Lab Simulation system to be used with proprietary configuration, lasers and scenarios. These "Sole Source" software features and components are highlighted below. Computer • Operating software is Windows 0 for familiarity and reliability. The computer box is 100% commercially available off the shelf (COTS). All cables and connections are COTS. Optical Mouse for reliability and a backlit keyboard. 22" Flat panel monitor. Audio System • 5.1 surround sound speakers are standard. • Sole Source Item- The Training Lab proprietary software uses the 5.1 surround sound speakers for 3D Audio controls allow the instructor to introduce, in real time, while the scenario is playing; sound effects to further stimulate the student. Sound effects files are accessible on the instructor's screen and can be customized by the end user. Each sound effect can be played from any single speaker or from a combination of speakers in the room to provide directionality. Projection System • The projector is a High Definition (HD), 16.9 Native Resolution, and Widescreen High Definition 3D capable Home Cinema Projector. 5500; 1 Contrast Ratio with Smooth Screen Technology, • The screen is a Da-Lite fast fold free standing screen. Comes with legs and a carrying case, standard. The screen is a 12" x 7' screen (16 x 9 HD format) but if your training environment allows a 14' or even a 16' wide screen can be provided. Hit detect and low light detection cameras • Sole Source Item: The Hit detect camera is a "smart" camera. It has its own processing chip which helps in speeding up the calculations of the time of shot, location of shot, and it also reads the embedded code that distinguishes the laser device number. • Sole Source Item: The calibration process is automated to include a line scan procedure. This scan of light on each pixel allows for the system to operate in various lighted situations. It eliminates the need for hand held calibration devices and darkened rooms. This is the most reliable and accurate calibration available in simulation and is only available on the Training Lab by Ti Training. Other simulators use a wand to locate spots on the screen. This is an antiquated calibration method that will result in less accurate shoot detection as well as light control issues. "The Strongest Element in Training" 4680 Table Mountain Drive #1 70 Golden, CO. 80403 www.Titrainin2.com 800.634.1936 7 • The low light detection camera will read a real flashlight with an IR filter and allows for the trainee to use a real flashlight and train in low light conditions. • Sole Source Item: Any IR light designed for night vision use can be used unfiltered on the system. Low Light Training • The Training Lab allows for the use of actual flashlights (covered by special filters). The instructor can set any lighting level for the scenario forcing the use of a flashlight to light up the portion of the screen that the student wants to see. Multiple flashlights can be used. This does not affect the use of any laser device and is not laser based. • Sole Source Item: The light level can be controlled on the fly using a slider bar control at any time during a scenario to adjust the light level to any level of darkness. Other simulators only allow you to take the level of darks down to complete dark and this decision must be made at the start of the scenario. Picture in Picture (PiP) — • While running scenarios you have the ability to capture both color video and audio of the trainee. This video can then be played back in a picture in picture mode with the scenario. Key training points can be highlighted and with the use of the exclusive optical zoom feature dissected. This is critical to effective training since it provides an objective viewpoint for evaluation of performance by the student and the instructor. • Sole Source Item: The PIP camera can pan and tilt and is controlled by the instructor in real time.. Zoom and focus controls are also on the instructor's screen. This video can be played in the large projected view or swapped into the smaller view to go over key points as needed. The playback can also be located on the screen in any area the instructor desires and at any playback rate, slow motion, frame by frame, or scrolled to a specific point in the video. Other simulators offer a recorded view but only offer a straight play back of the video with no detailed functionality to actually dissect the video for proper debrief with the trainee. Report Generation w/ Templates • Reports as simple as Name, Time, Date and Scenario Title to intricate reports detailing time and location of shots can be created using this software. This software can output reports electronically, or into Microsoft Word. Format for immediate printing. All reports can be customized to fit the needs of the individual departments. • Sole Source Item: Reports can be saved, sent and printed directly from the instructor's debrief screen. The report format can be any Microsoft product, such as Word or Excel. Other simulators only provide a proprietary file that must be reformatted and transferred into a useable document offsite of the simulator. "The Strongest Element in 1 raining" 4680 Table Mountain Drive #170 Golden, CO. 80403 www.Titrainink.com 800.634.1936 3 Debrief Magnification • During the debriefing of a trainee the instructor has the ability to use the mouse and magnify any portion of the down range screen. Especial on shot placement you will be able to oversize a target or suspect to show in greater detail the point of impact. • Sole Source Item: The magnification area of interest can be manipulated and changed to show additional details of the area. Scenario Editor • Sole Source Item: The Ti Training Scenario Editing software allows you to take any video file footage (standard definition or High Definition) and create multiple branching scenarios for use on the system. It includes an easy to use and intuitive system for defining scenes, hit zones (for firearm, OC, TASER, etc.) and branching options. This software is standard with any purchase of the Training Lab system and training is provided on how to film and edit your custom scenarios easily. Scenario Library • Sole Source Item: The heart of any simulator is the content. The Training Lab comes with over 800+ fully branching scenarios. Since our inception we have filmed every scenario using High Definition cameras, we have not modified or stretched and standard definition video scenario to fit the 16 x 9 aspect ratio, they are ALL native HD. Other simulators only recently started to include HD video, and have opted to stretch old standard definition video to fit a 16x9 aspect ratio. This creates extremely distorted resolution and makes the scenarios very difficult to use, cutting the usable scenarios down to only the video filmed in HD. Beware of high scenario counts from other simulation companies. Ti training is the ONLY company providing all HD library of scenarios. • Sole Source Item: All Scenarios filmed by Ti Training since June 2010 are filmed in 4K resolution. 4K is 4000 times clearer than standard HD. This gives the most realistic and clear video available today. • Every scenario is filmed by a professional crew using professional actors for quality control. Specific scenarios have post production effects (e.g. blood splatter, sound effects, lighting controls, etc.). to enhance training objectives. • Prior to filming scenarios, a user group of Law Enforcement trainers are gathered to assist in the writing of each scenario for accuracy and realism. Each calendar quarter, additional scenarios are filmed and are shipped to the end user automatically. These scenarios are created with input from our customers and are free of charge. "TlteStrongest Element in Training" 4680 Table Mountain Drive ##170 Golden, CO. 8040.E www Titraining com 800.634.1936 U 3D Scenarios • Sole Source Item: When a use of force decision is made, relative distances may be the most important factor in deciding if, when and what type of force should be used. The distance from the officer to a subject, the distance between a subject and weapons of opportunity, distances between multiple subjects and other officers or innocents, the size and location of objects between the officer and the subject, etc., are all critically important when determining what force option is most appropriate at a given moment. In a two-dimensional environment we are programmed to perceive larger objects as closer and smaller objects as further away. This rudimentary method of evaluating distance is often inaccurate and has been shown to contribute to the process of "adverse training" which is the development of habits that are inconsistent with true -life applications. In airplane, vehicle and use of force simulation: this is always the challenge for virtual reality designers, to design systems that appear real so that response can be accurately tested and evaluated. The Ti Training LabT' system now offers a proprietary module that includes fully branching, high definition (HD 1080i) 3-Dimensional video. The video not only represents true -life proportional height and width accuracy but also adds the element of depth, giving the viewer a fully immersed experience. This type of 3-Dimensional training provides a realistic simulation and forces the brain to process the perceived information consistent with a real world event. All 3D is not created equal. When evaluating video quality HD is the set standard. When evaluating adding 3D to that HD video the creation of the 3D effect is paramount. In order to have a true 3D effect you must film the video with 2 camera lens in perfect sync this gives the right and left eye aspect ratio. Each "eye" video is then edited separately to insure the highest quality is achieved then the 2 videos are overlapped. This overlapping creates a realistic depth when viewed with 3D eyewear. This type of 3D is Stereoscopic. Then the eyewear is important. Ti Training provides Active Eyewear that preform and undetectable shutter at 120th of a second but seem to the wearer to be just a polarized lens. The effect with our 3D videos is the trainee believes the action from the video is in the room with them. Other simulators use very old and outdated Anaglyph 3D that utilized colored lens (red & blue) to skew the viewer's color perception. The scenarios are given a "color" treatment instead of using the 2 camera views. This is not realistic for simulation training whenever the trainees are required to use all of their senses to make true judgments. This skewing of the view is more of a confusion and actually takes away from the training value rather than enhance and make it more realistic. 50+ 3D scenarios come with the system and will be updated for free as we grow the library, every 4 months. "The Strongest Element in Training" 4680 Table Mountain Drive it170 Golden, CO 80403 www Titraining com 800.634.1936 s • 3D CGI graphical background and Live video 3D green screen drills (Hogan's Ally) available. • Sole Source Item: Upgrades to True Distance 3D are available. The upgrade includes a 3D Projector, Upgraded video card and 2 pairs of Active Eyewear. Graphic Scenarios and Targets • Sole Source Item: The Training Lab has a group of custom made graphical shooting target programs for skill building and target recognition. i.e. Plate rack, Pepper poppers, Courses of Fire. • Using CGI imagery and Green screen video mixed the Training Lab can represent any environment realistically and simply. Custom Course of Fire Software • Sole Source Item: The Training Lab comes with the software to build any course of fire. You have the ability to photography your background, load your targets, score and manipulate the range or COF in any manner. • Sole Source Item: Upgrades to The Firing Line Marksmanship software are available. This would include features such as, windage and ballistics for long guns. Weapons and Devices The Training Lab has the capability to track up to 12 laser devices simultaneously. The individual tracking allows the instructor to show who shot what device, when that device was fired and the location of impact for that device. • Sole Source Item: All Laser devices for use on the Training Lab are proprietary and can only be purchased through Ti Training. • Ti Training Handgun laser insert for dry fire. The laser insert slides into the breach end of the barrel and operates off standard watch batteries. The lasers are individually lane specific. The laser is activated by the firing pin and vibration. The laser is native 9mm but with sizing end caps the same laser can fit a .40 or .45. • Handgun recoil Kits. This is a recoil kit for handgun. It is a drop in kit with no modifications required of the weapon (the weapon is not included). The recoil cycles the weapon and is powered by CO2 canisters in the magazine. • Sole Source Item: The TI Training Lock Back Recoil Kit counts rounds and locks the slide back when the weapon is empty. Force Fail drills can also be induces at any time by the instructor. This is not a permanent modification to the handgun and is completely tether less. • AR-15 Recoil Weapon, CO2 Recoil kit w/Laser. This is a recoil kit by Dvorak. It is a drop in kit with no modifications required of the weapon (the weapon is not "The.Strorrl,est Element in Training" 4680 Table Mot/wain Drive #A70 Golden, CO. 80403 www.Titrainin .com 806.634.1936 LD included). The recoil cycles the weapon and is powered by CO2 canisters in the magazine. • Sole Source Item: Shot Gun Drop in Laser. This is a drop in shell with laser that makes your shotgun interactive with the system. No modifications to your weapon needed. (Weapon not included). Notches are cut from the sides to eliminate the ejection process so that only 1 laser is needed for multiple reloads. The Shotgun Drop in Laser is a multipurpose laser. It can be used for a multi round shot gun blast, a slug, or any less lethal round shotgun launched round, such as a bean bag or Taser Xrep. TASER® Device, X -26 or M-26, X2 (Sole Source Item), X3 Laser firing Training Weapon. TASER weapon is manufactured by TASER, Intl. for Ti Training. It is a non -firing, safe weapon. The weapon has the real Laser sight and countdown timer. The cartridges have 2 lasers at an 8 degree spread. A real TASER cartridge can NOT be fired by this "Safe" weapon. TI Training is the ONLY Simulation Company Authorized by TASER International to provide TASER Trainer Simulation. • Ti Training OC Spray Canister, realistically sized and shaped, pulsing laser canister that fits into standard duty gear OC holsters. • Baton Branching, Instructor driven branching that shows the appropriate on screen reaction to a baton strike should the student feel that the baton was the correct force option. • Pepper ball, an adaptor t fits over the end of the actual Pepper ball gun and accepts your current laser insert. The air pressure (No Projectile) hits the laser and activates it by vibration. • Sole Source Item: 37/40mm Less Lethal Laser. This is a drop in shell that houses a dry fire laser that makes you launcher interactive with the system. No modifications to your weapon needed. (weapon not included) • Sole Source Item: Vibration Vest Hostile Fire The Vibration Vest is worn during Simulation training while the scenario is playing. When the suspect on the screen uses lethal force or when the suspect strikes at the officer, a laser floods the room and if the trainee is not behind cover the vest is activated by a bright light going off, an audible alarm sounding and an extreme vibration. "The Strongest Element in Training" 4'680 Terbpe Mountain Drive #376 Golden, Co. 80403 www.TitraininR.com 800.6341936 7 Advantages: The Vibration Vest can simulate multiple suspect actions such as punches, kicks and use of lethal force against the trainee. Additionally, it allows for simulated return fire without the need to protect trainee and room from projectiles. • Simulation Package Includes: 1 Vest, 1 Auxiliary Control Box, and 1 Room Laser • Force on Force Package Includes: 2 Vests and 2 Gun Lasers Telemetry The Training Lab has the ability to track different functions of the trainee. Each of the following devices records information and plays back in real time while debriefmg a trainee inside the Training Lab software. • Sole Source Item: Heart rate — An optional wireless heart rate monitor is worn on the trainee and the graph of the trainees heart rate will play back after the scenario in debrief as a graph at the bottom of the screen. • Sole Source Item: Respiratory rate — An optional respiratory belt is worn around the chest of the trainee and the graph of the trainees breathing will play back after the scenario in debrief as a graph at the bottom of the screen. • Sole Source Item: Trigger graph — An optional device is placed on the rails of a handgun and in real time with the scenario in debrief you will see the trigger pressure applied at any given point. Environmental Controls Sole Source Item: Auxiliary Control Box With this option the Training Lab has the ability to control on/off switches of devices in the room wirelessly from the instructor monitor. Some examples of devices that can be controlled are: • Light bar — Any light source like a full light bar, a strobe or just room lighting can be controlled by the training Lab instructor for the instructor screen. • Smoke or Fog machine. • Wind or fan • Stress Vest • Any device with an on -off switch can be added to this environmental control. Video Productions • Sole Source Item: Ti Training is the only simulation company with a full time video crew and state of the art video production studio. Our production crew has been professionally filming scenarios, training DVD's and promotional videos for the past 7 years. All of the video equipment is High Definition/4K (Red cameras). Our editing suite allows for computer generated imagery and post scenario effects to enhance the training objectives. The 2500 sq. foot studio has a 60 x 20 green screen and a fully enclosed sound booth. New CGI mixed with real video makes the possibilities endless. The studio and camera are now 3D ready and moving forward all scenarios will be filmed "The e Strangest Element in Training" 4680 Table Mountain Drive #f170 Golden, CO. 80403 www Titrainin2.eom 800.63'4'.1936 in 4K 3D. Both 2D and 3D version of each scenario will be available and provided free of charge every 4moths on a self -loading disk. Usually around 25 new scenarios are provided. • Ti Training also provides our Studio Productions to agencies who would like to produce custom scenarios. We off a link to provide scenario ideas on our website as well as can come onsite with your agency to film any objective and location. Live Fire • Sole Source Item: The Training Lab is fully equipped to have the system operate in live fire mode. With the addition of a live fire laser you will have the ability to shoot live round in scenario based training. The scenarios branch and all of the instructor functions remain the same. In debrief you will see shot placement just like in laser mode. There is no need for large, expensive, specialized screen for hit detection. A true breakthrough for live fire judgmental training. Operational Training • Sole Source Item: Ti Training Corp. is committed to providing the best, most advanced and effective training to our customers. It is critical that our customers not only know how to operate the Training LabTM system and its components, but also how to safely and effectively provide training in the simulated environment. All of this not only provides your agency's officers with the best possible training, it also can reduce agency liability due to the depth of the training received by your instructors • Ti Training Corp.'s course of simulation instruction is designed to train selected students in the set-up, function, operation, and maintenance of the Training LabTM and Training RoomTM interactive simulation systems, manufactured by Ti Training Corp. These systems utilize the latest advances video, laser, RF and programming technology to provide an intuitive, easy to maintain training tools. These tools are designed to aid in teaching Public Safety Personnel to effectively and safely perform their duties. This course begins with classroom theory and progresses to "hands on", proficiency based exercises. We at Ti Training Corp recognize that even the most advanced technology is useless in the hands of someone who cannot effectively operate and maintain that technology. • In addition to setup, operation and troubleshooting of the simulator, this course includes an Instructor development block entitled "Effective Simulation Training." Developed in conjunction with an accredited college and backed by scientific research, this portion of the course contains the latest training techniques and methodologies for providing effective training in a simulated environment. • Successful completion of the entire course of instruction provided by Ti Training Corp. certifies the attendees as "Master Simulation Instructors." As such they can not only provide training to members of your agency but they are also able to certify others within your agency as "Simulation Instructors." "TIte Strongest Element in Training" 4680 Table Mountain Drive #t170 Golden, CO. 80403 www Titraininzcom 800.634.1936 q • Training is on set up, basic operation, running students through simulation, filming and editing of custom scenarios, recoil gun care and maintenance, troubleshooting, customizing your simulator to your needs and policies and on the Classroom keypad system. Classroom Simulation Training System • Classroom keypad system that integrates into the Ti Training Lab or can be freestanding on any computer with Power Point loaded. The software license is free to allow for multiple users and can track up to 1000 response cards per receiver. • Sole Source Item: Interactive turnkey courses are available for use with the training Room package. Titles cover a wide variety of subjects delivered by the world's leading Law Enforcement trainers. Ti Pad Remote Instructor Control Tablet • The entire Training Lab can be operated from a remote, wireless, handheld tablet, iPad. This is especially useful in live fire simulation training and when an instructor wants to move in closer to the trainee while going through scenarios. All instructor monitor functions can be controlled by this remote TiPad. • Sole Source Item: Interactive turnkey courses are available for use with the training Room package. Titles cover a wide variety of subjects delivered by the world's leading Law Enforcement trainers. Titanium Lock Back Recoil Kit • The Titanium Lock Back Recoil Kit is a recoil kit that is exclusively offered by Ti. The kit drops into any Glock without any permanent modifications. Recoil is powered by CO2 in the magazine and the kit counts rounds fired until empty and will lock back forcing a reload drill. This kit can also induce a force failure drill. • Sole Source Item: TI Training is the ONLY Source for this recoil kit for use with LIVE gun without permanent modifications allowing a lock back function without tethers. • Sole Source Item The Training Lab EX* projects up to 33' wide and incorporates our 180-degree mobile screen system. No matter what your training objectives are, your Training Lab EX system can accommodate them. The Virtual Marksmanship Mode supports up to 12 individual lanes. With a quick and easy adjustment, you can switch to a 180-degree judgment scenario training in a completely immersive environment. With the Gullwing configuration, you simply close the sides to maximize your training objectives, from flat configuration to 180 degrees - the system stays completely calibrated and can be moved easily and instantly to seamlessly incorporate a vastly expanded array of virtual training options. *Patent pending "The Strongest Element in Training" 44680 Table Mountain Drive #I70 Golden, GO. 80403 www.Titraininz.com 800.634.]936 �n Ultra -World- Virtual Shoot House • Ti Training offers a multi room simulation experience that is completely Customizable and Mobile. The Ultra World is an innovative fabricated architectural structure that has 4 different configuration options and incorporates 4 separate projected surfaces (combined in 1 room or spread into separate rooms) all from 1 computer source. • Sole Source Item: TI Training is the ONLY Source for this Ultra World multi - screen / multi room simulation configuration. Exclusive content is designed for use in each of the mobile wall configurations. All of the screens operate off of a single computer source. Sincerely, Kila Otte Ti Training VP Sales 1-800-634-1936 ext 207 kila@titraining.com "The Strongest Element in Training °' 4680 Table Mountain Drive 070 Golden, CO. 80403 www TitraininR com 800.634.1936 )1 CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address and Phone Number (Agt./Dist.) Amy Virginia Popp 13768 E Quincy Ave Aurora, CO 80015 (303) 627-8088 (193/302) This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. Insured's Name and Address Table Mountain Group/Ti Training LE 4680 Table Mountain Dr. Ste 150 Golden, CO 80403 COVERAGES This is to certify that policies of insurance lis ed 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, exdusions, and conditions of such policies. TYPE OF INSURANCE POLICY NUMBER POLICY DATE LIMITS OF LIABILITY EFFECTIVE EXPIRATION (Mo, Day, Yr) (Mo, Day, Yr) Homeowners! Mobilehomeowners Liability Bodily Injury and Property Damage Each Occurrence $ ,000 Boatowners Liability Bodily Injury and Property Damage Each Occurrence $ 000 Personal Umbrella Liability Bodily Injury and Property Damage Each Occurrence $ ,000 Farm/Ranch Liability Farm Liability 8 Personal Liability Each Occurrence $ ,000 Farm Employer's Liability Each Occurrence $ ,000 Workers Compensation and Employers Liability t Statutory Each Accident $ ,000 Disease - Each Employee $ ,000 Disease - Policy Limit $ ,000 General Liability General Aggregate $ ,000 Products - Completed Operations Aggregate $ ,000 • Commercial General Liability (occurrence) ❑ Personal and Advertising Injury $ ,000 Each Occurrence $ ,000 Damage to Premises Rented to You $ ,000 Medical Expense (Any One Person) $ ,000 Businessowners Liability Each Occurrencett $ 000 Aggregatett $ ,000 Liquor Liability Common Cause Limit $ ,000 Aggregate Limit $ ,000 Automobile Liability 05-XV5737-01 11/21/2016 11/21/2017 Bodily Injury - Each Person $ 300,000 Bodily Injury - Each Accident $ 300,000 ■ Any Auto E All Owned Autos Property Damage $ 300,000 • Scheduled Autos 0 Hired Auto ❑x Nonowned Autos Bodily Injury and Property Damage Combined $ ,000 In Excess Liability Each Occurrence/Aggregate $ ,000 ■ Commercial Blanket Excess Other (Miscellaneous Coverages) DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES / RESTRICTIONS / SPECIAL ITEMS The commercial auto policy is endorsed to include City of National City additional insured on the CG 20 10 3229 endorsement. tThe individual or partners Have shown as insured elected to be covered under this policy. El Have not ttPraduds-completedOperations aggregate is equal to each occurrence limit and is included in policy aggregate. CERTIFICATE HOLDER'S NAME AND ADDRESS CANCELLATION City of National City Go Risk Manager 1243 National City Boulevard National City, CA 91950-4397 ❑ Should any of the above described policies be cancelled before the expiration date thereof, the company wiN endeavor to mail '( days) written notice to the Certificate Holder named, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. '10 days unless different number of days shown. Q This certifies coverage on the date of issue only. The above described policies are subject to cancellation in conformity with their terms and by the laws of the state of issue. DATE ISSUED 08/03/2017 AUTHORIZED REPRESENTATIVE LJ Amy Popp, Agent U-201 Ed. 5/00 Stock No. 06668 Rev. 7/02 TITRA-1 OP ID: APH AC-C)R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/03/2017 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 Lightship Insurance 1650 Franklin Street Denver, CO 80218 John Klaassen INSURED CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: FAX I (AJC, No): INSURER(S) AFFORDING COVERAGE INSURER A : Nautilus NAIC # 17370 Table Mountain Group, LLC Ti Training LE. LLC Ti Training Corp Ti Outdoors, LLC 4680 Table Mountain Dr Ste170 Golden, CO 80403 INSURER :Auto -Owners Insurance 18988 INSURER C : Evanston 35378 INSURER D : Gemini Insurance Company INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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. NS ILTR1 OF INSURANCE ATYPE INSR INSRL SUBR VUB POLICY NUMBER (MM/DDIYVLICY YY) (POLICY at DD�YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X NN700660 06/2712017 06/27/2018 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 D X E&O Insurance 32009600E0 07/27/2017 07/27/2018 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Included )71 POLICY PRO- n LOC E&O Insur $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 A ANY AUTO NN700660 06/27/2017 06/27/2018 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S X HIRED AUTOS X _ NON -OWNED AUTOS PROPERTY DAMAGE (PER ACCIDENT) $ S UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 C X EXCESS LIAB CLAIMS -MADE XOBW6035015 06/27/2017 06/27/2018 AGGREGATE $ 1,000,000 DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I WC STATU- TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N N E L DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Business Property B Emp. Dishonesty 74884253 06/27/2017 74884253 06/27/2017 06/27/2018 Bus Prop 212,830 06/27/2018 Emp Dis. 100,000 DESCRIPTION OF OPERATIONS ! LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) National City Police Department is additional insured for ongoing operations as respects general liability per written contract. CERTIFICATE HOLDER CANC City of National City C/O Risk Manager 1243 National City Blvd National City, CA 91950-4397 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 ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AIG-LVR A`COR�® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 8/8/2017 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 have ADDITIONAL INSURED provisions or 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 Commercial Lines - (305) 443-4886 Wells Fargo Insurance Services USA, Inc. 2601 South Bayshore Drive, Suite 1600 Coconut Grove, FL 33133 CONTNAME: Risk Management Department PHONE FAX IA/C No Bell• (866) 443 8489 (Arc, Not: (800) 889-0021 E-MAIL C k or.om ADDRESS: Work.Comp@Trinet.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Indemnity Insurance Company of North America 43575 INSURED TriNet HR III, Inc. RE: Table Mountain Group LLC 9000 Town Center Parkway Bradenton, FL 34202 INSURER B : INSURER C : INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 12148524 REVISION NUMBER: See below 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 INSD SUER MD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE RENTE PREMISESO(Ea occur ence) S CLAIMS -MADE OCCUR MED EXP (Any one person) S j PERSONAL & ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PER: LOC PRODUCTS - COMP/OP AGG S S AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED . AUTOS ONLY — SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S S UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S $ DED RETENT ON $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? N (Mandatory in NH) H yes, describe under DESCRIPTION OF OPERATIONS below NIA X WLRC64417691 7/1/2017 7/1/2018 X STATUTE ERPER H E.L. EACH ACCIDENT S 2,000,000 E.L. DISEASE - EA EMPLOYEE S 2,000,000 E.L. DISEASE - POLICY LIMIT S 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers' Compensation coverage is limited to worksite employees of Table Mountain Group LLC through a co -employment agreement with TriNet HR III, Inc. A Waiver of Subrogation applies in favor of certificate holder as required by written contract. CERTIFICATE HOLDER CANCELLATION City of National City Go Risk Manager 9 1243 National City Boulevard National City, CA 91950-4397 I 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 9. L The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) Workers' Compensation and Employers' Liability Policy Named Insured TriNet HR Ill, Inc. RE: Table Mountain Group LLC Endorsement Number PolicyNumber WLRC64417691 Symbol: Number: Policy Period 7/1/2017 TO 7/1/2018 Effective Date of Endorsement 07-01-2017 Issued By (Name of Insurance Company) Indemnity Insurance Company of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM We have the right to recover our payments from anyone liable enforce our right against the person or organization named extent that you perform work under a written contract that requires This agreement shall not operate directly or indirectly to benefit Schedule City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 For the states of CA, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. OTHERS ENDORSEMENT for an injury covered by this policy. We will not in the Schedule. This agreement applies only to the you to obtain this agreement from us. any one not named in the Schedule. teerob...„,4,........ Authorized Agent WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation Insurance RESOLUTION NO. 2017 — 160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), SOLE SOURCE PROCUREMENT, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TI TRAINING CORP., FOR THE NOT TO EXCEED AMOUNT OF $53,851 FOR THE POLICE DEPARTMENT'S PURCHASE OF A USE OF FORCE TRAINING SIMULATOR SYSTEM THAT INCLUDES ADVISING ON THE INSTALLATION OF A VIDEO PROJECTOR AND SPEAKERS AT THE POLICE DEPARTMENT, AND ONSITE TRAINING FOR SIX POLICE DEPARTMENT EMPLOYEES IN THE OPERATION OF THE SYSTEM WHEREAS, the City desires to employ a contractor to provide electronic use -of - force training for officers; and WHEREAS, the City has determined that Ti Training Corp. is a company engaged in the design, manufacture, sales, and maintenance of law enforcement simulators, and is qualified by experience and ability to perform the services desired by the City, and TI Training Corp. is willing to perform such services. WHEREAS, the City has determined that Ti Training Corp., is the only contractor that provides all the needs identified by the Police Department; and WHEREAS, National City Municipal Code ("NCMC") Section 2.60.220(B) allows the bid process be waived when the commodity, regardless of value, can be obtained from only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes waiving the bid process pursuant to Sections 2.60.110(B), of the National City Municipal Code, and authorizes the Mayor to execute an Agreement between the City of National City and Ti Training Corp., in an amount not to exceed $53,851 for the purchase of a Use of Force Training Simulator System for the Police Department, including advising on the installation of a video projector and speakers at the Police Department, and including onsite training in the operation of the system for six Police Department employees. PASSED and ADOPTED this 15th day of August, 2017. ATTEST: Mic ael R. Dalla, ity Clerk on Morrison, Mayor APPROV TO FORM: n• orris- es • ttorney Q Passed and adopted by the Council of the City of National City, California, on August 15, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California lArijCity k of the City 1f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-160 of the City of National City, California, passed and adopted by the Council of said City on August 15, 2017. City Clerk of the City of National City, California By: Deputy C 2 b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 4ir MEETING DATE: August 15, 2017 AGENDA ITEM NO. 19 ITEM TITLE: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), sole source procurement and authorizing the Mayor to execute an Agreement with Ti Training Corp., for the not to exceed amount of $53,851.00 for the Police Department's purchase of a Use of Force Training Simulator system, that includes advising on the installation of a video projector and speakers at the police department, and onsite training for six police department employees in the operation of the system. PREPARED BY: Robert Rounds, Acting Police Captain PHONE: (619) 336-4433 EXPLANATION: DEPARTMENT: Poli e APPROVED BY. The funds to purchase a Use of Force Training Simulator will come from the Board of State and Community Corrections (BSCC) grant funds which were previously accepted on April 18, 2017 pursuant to City Council resolution #2017-52. A portion of the BSCC grant funds have been committed for the purchase of a Use of Force Simulator as a de-escalation training tool for the police department. See attached Police Staff Report. FINANCIAL STATEMENT: APPROVED: i14. ,ega Finance ACCOUNT NO. Expenditure: 290-411-659-*** The funds are appropriated and available in the above expenditure account APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: Police Staff Report memo Standard Agreement hPSd Gc4iaM /Ob. 2014- l( D CALIFORNIA y+ NATIONAL Cf y asmii INCORPORATED NATIONAL CITY POLICE DEPARTMENT Date: August 1, 2017 TO: City Council of the City of National City FROM: Robert Rounds, Police Acting Captain SUBJECT: Staff Report: Resolution of the City Council of the City of National City waiving the formal bid process pursuant to National City Municipal Code section 2.60.220, subsection (B), sole source procurement and authorizing the Mayor to execute an Agreement with Ti Training Corp., for the not to exceed amount of $53,851.00 for the Police Department's purchase of a Use of Force Training Simulator system, that includes advising on the installation of a video projector and speakers at the police department, and onsite training in the operation of the system for six police department employees. SUMMARY: The police department requests authorization to purchase a Use of Force Training Simulator, which includes the training for six police department personnel in the operation of the simulator system, for police department de-escalation skills training. It is recommended the City Council approve the Resolution of the City Council of the City of National City authorizing the City Council to waive the formal bid process pursuant to National City Municipal Code (NCMC) section 2.60.220, subsection (B) (sole source) for the purchase of a Use of Force Training Simulator, including related training in the operation of the simulator system from Ti Training Corp. BACKGROUND: On April 18, 2017, the City Council of the City of National City adopted a resolution (#2017-52) ratifying the acceptance of $294,084.00 in grant money disbursement from the Board of State and Community Corrections (BSCC)/State of California AB109 grant fund for the purposes of increasing positive outcomes between municipal law enforcement and high -risk populations. A portion of the grant funds were to be utilized for the purchase of a Use of Force Training Simulator for de-escalation training. The police department assessed the specific needs of the department to house and utilize a Use of Force Training Simulator. With these specific needs in mind, the police department searched for a Use of Force Training Simulator that would meet the training needs of the department. The police department identified the Ti Training Corp. Use of Force Training Simulator as the only product on the market capable of meeting the National City Police Department's needs. Page 2 of 3 PROCUREMENT PROCESS AND SOLE SOURCE BASIS: The Police Department is requesting to waive the competitive formal bid requirement pursuant to National City Municipal Code (NCMC) 2.60.220(B). Sole source procurements may be used "when there is only one source from which a particular commodity is available and there is no adequate substitute." In addition, it may be used when "it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet any urgent procurement need." The Police Department staff recommends the purchase of the Ti Training Corp. Use for Force Training Simulator. Based on the Police Department's needs, the Ti Training Corp. Use of Force Training Simulator is the only simulator which will meet the specific needs of the Police Department which are: • A simulator which can function in a completely dark, partially lit, or fully lit room. • A simulator with a "smart" "Hit" detection camera with its own processing chip to speed up calculations. • A simulator with an automated calibration process, eliminating the need for hand held calibration devices and darkened rooms. • A simulator with the ability to use any unfiltered infrared light designed for night vision. • A simulator with the ability to use actual flashlights in scenarios with various low lighting conditions. • A simulator capable of allowing multiple flashlights to be used at the same time. • A simulator which with the ability to adjust the lighting conditions within a scenario "on the fly" at any time while the scenario is activated. • A simulator with the capability to track up to 12 laser devices simultaneously and allow the laser devices to be "lane specific." • A simulator with the ability to magnify the "debrief" playback video, allowing the instructor to magnify an area of interest to show additional details during a debrief session. • A simulator with a training library of more than 800 fully branching high definition scenarios. • The need for new training scenarios each year to add to the simulator's library — free of charge. National City Police Department 1200 National City Boulevard National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 www. nationalcitypd. org Page 3 of 3 • A simulator which offers a vibration feedback vest which can be worn by the participant during training to provide vibrating feedback if the participant is struck by a suspect's weapon. • A simulator which offers a vibration feedback vest that responds to a laser that floods the room when activated either by the system operator or by an automatic trigger built into various scenarios. If the participant is not behind cover, the vest will activate. • A simulator company which is authorized by Axon (formerly Taser International) to proivde Taser trainer simulation. • A simulator which utilizes simulated electronic control devices (ECD) manufactured by Axon (formerly Taser International). See "Exhibit B", Sole Source Letter from Ti Training Corp for a comprehensive description of the Use of Force Training Simulator's functionality. FISCAL IMPACT: The cost of the Ti Training Corp Use of Force Simulator, including sales tax and on -site training is $53,851. The funds for the purchase of the simulator will be taken out of the $294,084.00 BSCC/State of California AB109 grant money which was already accepted by the City under City Council Resolution #2017-52. ENVIRONMENTAL IMPACT: This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) found under California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, Section 15378 and it has been determined that the activity is not a "Project" as defined under the Code because it will not result in a physical change in the environment. In addition, the activity does not constitute a "Project" within the meaning of the California Public Resources Code Section 21065 in that it has no potential cause to either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment. Therefore, pursuant to Section 15069(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: Attachment "B": Sole Source Letter from Ti Training Corp. National City Police Department 1200 National City Boulevard National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 www.nationalcitypd.org • AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TI TRAINING LE, LLC THIS AGREEMENT is entered into on this 15th day of August, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and TI TRAINING LE, LLC, a Colorado limited liability company, D.B.A. "TI TRAINING CORP" (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide electronic use -of - force training for officers. WHEREAS, the CITY has determined that the CONTRACTOR is a company engaged in the design, manufacture, sales and maintenance of law enforcement simulators and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. WHEREAS, the CITY has determined that CONTRACTOR is the only source able to meet the Police Department's specific training needs which include the need for a simulator that: po can function in a completely dark, partially -lighted, or fully -lighted room; offers vibration feedback if the participant is struck by a suspect's weapon; and offers integrated Axon (formerly Taser International) trainer simulation services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to advise on the installation of a video projector, speaker system, and associated wiring for a portable "Use of Force Training Simulator" at the Police Department, located at 1200 National City Boulevard, National City, CA 91950, as more specficially described in Exhibit "A". Upon completion of such installation, the CONTRACTOR will provide user training for the Use of Force Simulator system at the Police Department. CONTRACTOR shall provide such training to six National City Police Department Officers at a mutually agreed upon date and time, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EI+FECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 15, 2017. The duration of this Agreement is for the period of August 15, 2017 through December 15, 2017. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". 3. SCOPE OF SERVICES. The CONTRACTOR will perform those installation services and use -of -force training services to National City Police Department Officers as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. In this case the CITY will install the video projector, speaker system, and associated wiring for the portable "Use of Force Training Simulator". The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Lieutenant Robert Rounds hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Kila Otte thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on one billing covering actual work performed. The billing shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $53,851. The invoice will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR for this project, whether paper or electronic, shall become the property of the Standard Agreement Page 2 of 11 Revised May 2017 Ti Training Corp City of National City and CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. Standard Agreement Page 3 of 11 Revised May 2017 Ti Training Corp City of National City and 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -section will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in Standard Agreement Page 4 of 11 Revised May 2017 Ti Training Corp City of National City and conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of Colorado workers' compensation requirements; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or Standard Agreement Page 5 of 11 Revised May 2017 Ti Training Corp City of National City and volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate with a $1,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet Colorado statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement Page 6 of 11 City of National City and Revised May 2017 Ti Training Corp H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONTRACTOR maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. Standard Agreement Page 7 of 11 Revised May 2017 Ti Training Corp City of National City and D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Acting Captain Robert Rounds Police Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Kila Otte Vice President of Sales Ti Training Corp. 4680 Table Mountain Drive, Suite 150 Golden, CO 80403 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. Standard Agreement Page 8 of 11 City of National City and Revised May 2017 Ti Training Corp 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 by the CONTRACTOR. 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. CONTRACTOR is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any Standard Agreement Page 9 of 11 Revised May 2017 Ti Training Corp City of National City and exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or SubCONTRACTORs. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subCONTRACTOR(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. Standard Agreement Page 10 of 11 Revised May 2017 Ti Training Corp City of National City and CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris Jones City Attorney By: Roberto M. Contreras Deputy City Attorney TI TRAINING LE, LLC, a Colorado limited liability company, D.B.A. "TI TRAINING CORP" (Corporation — signatures of two corporate officers required) By: .,c,,,, 4 (Name) (Print) By: (Name) L \\\ 'arm O v\e (Print) Lira. (Title) Standard Agreement Page 11 of 11 Revised May 2017 Ti Training Corp City of National City and Insured's Name and Address Table Mountain Group/Ti Training LE 4680 Table Mountain Dr. Ste 150 Golden, CO 80403 CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison, Wisconsin 53783-0001 Agent's Name, Address and Phone Number (Agt./Dist.) Amy Virginia Popp 13768 E Quincy Ave Aurora, CO 80015 (303) 627-8088 (193/302) This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. COVERAGES This is to certify that 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. TYPE OF INSURANCE POLICY NUMBER POLICY DATE LIMITS OF LIABILITY EFFECTIVE EXPIRATION (Mo. Day, Yr) (Mo. Day, Yr) Homeowners/ Mobilehomeowners Liability Bodily Injury and Property Damage Each Occurrence $ ,000 Boatowners Liability Bodily Injury and Property Damage Each Occurrence $ ,000 Personal Umbrella Liability Bodily Injury and Property Damage Each Occurrence $ ,000 Farm/Ranch Liability Farm Liability & Personal Liability Each Occurrence $ ,000 Farm Employer's Liability Each Occurrence $ ,000 Workers Compensation and Employers Liability t Statutory Each Accident $ ,000 Disease - Each Employee $ ,000 Disease - Policy Limit $ ,000 General Liability 0 Commercial General Liability (occurrence) ❑ ❑ General Aggregate $ ,000 Products - Completed Operations Aggregate $ ,000 Personal and Advertising Injury $ ,000 Each Occurrence $ ,000 Damage to Premises Rented to You $ ,00. Medical Expense (Any One Person) $ ,000 Businessowners Liability Each Occurrencett $ ,000 Aggregatett $ 000 Liquor Liability Common Cause Limit $ ,000 Aggregate Limit $ ,000 Automobile Liability 05-XV5737-01 11/21/2016 11/21/2017 Bodily Injury - Each Person $ 300,000 Bodily Injury - Each Accident $ 300,000 M Any Auto 13 All Owned Autos Property Damage $ 300,000 ❑ Scheduled Autos ❑x Hired Auto 0 Nonowned Autos El Bodily Injury and Property Damage Combined $ ,000 Excess Liability ❑ Commercial Blanket Excess Each Occurrence/Aggregate $ ,000 Other (Miscellaneous Coverages) DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS The commercial auto policy is endorsed to include City of National City additional insured on the CG 20 10 3229 endorsement. tThe individual or partners . Have shown as insured elected to be covered under this policy. U Have not ttProducts-Completed Operations aggregate is equal to each occurrence limit and is included in policy aggregate. CERTIFICATE HOLDER'S NAME AND ADDRESS CANCELLATION Cityof National City■ do Risk Manager 1243 National City Boulevard National City, CA 91950-4397 Should any of the above described policies be cancelled before the expiration date wiN endeavor to mail *( days) written notice to the Certificate to mail such notice shall impose no obligation or liability of any kind its agents or representatives. *10 days unless different number of days thereof, the company Holder named, but failure upon the company, shown. ❑x This certifies coverage on the date of issue only. The above described policies ar subject to canceNation In conformity with their terms and by the laws of the state of issue. DATE ISSUED 08/03/2017 AUTHORIZED REPRESENTATIVE LJ Amy Popp, Agent U-201 Ed. 5/00 Stock No. 06668 Rev. 7/02 TITRA-1 OP ID: APH ' C®1W CERTIFICATE OF LIABILITY INSURANCE �� DATEIMM/DD I YY) 08103/2017 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 Lightship Insurance 1650 Franklin Street Denver, CO 80218 John Klaassen CONTACT NAME: PHONE FAX (A/C, No, Est): (A/C, No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A : Nautilus 17370 INSURED Table Mountain Group, LLC Ti Training LE, LLC Ti Training Corp Ti Outdoors, LLC 4680 Table Mountain Dr Ste170 Golden, CO 80403 INSURER B :Auto -Owners Insurance 18988 INSURER C : Evanston 35378 INSURER D : Gemini Insurance Company INSURER E : INSURER F : CERTIFICATE NUMBER: 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 OF INSURANCE ADDLTYPE INSRPOLICY INSR SUER WVD NUMBER (MMIDD/YYYY) POLICY EXP IMMIDD TYYYY) LIMITS A D GENERAL LIABILITY COMMERCIAL GENERAL UABILITY OCCUR X NN700660 32009600E0 06/2712017 07/27/2017 06/27/2016 07/27/2018 EACH OCCURRENCE $ 1,000,000 X MMGSEES zoNccTEDence) $ 100,000 CLAIMS -MADE X MED EXP (Any one person) $ 5,000 X E&O Insurance PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F la n LOC PRODUCTS -COMP/OP AGG $ Included E&O Insur $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOX HIRED SAUTOS NN700660 06/27/2017 06/27/2018 COMBINED SINGLE UMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY (Per accident) $ X NON-0WNED PROPERTY DAMAGE (PER ACCIDENT) $ _AUTOS C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XOBW6035015 06/27/2017 06/27/2018 EACH OCCURRENCE <_. s 1,000,000 X AGGREGATE 1,000,000 DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS YIN NIA WCSTATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ below E.L. DISEASE - POLICY UNIT $ B B Business Property Emp. Dishonesty 74884253 74884253 06/27/2017 06/27/2017 06/27/2018 06/27/2018 Bus Prop Emp Dis. 212,830 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) National City Police Department is additional insured for ongoing operations as respects general liability per written contract. CERTIFICATE HOLDER City of National City CIO Risk Manager 1243 National City Blvd National City, CA 91950-4397 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AIG-LVR ® � � A CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 8/8/2017 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), AUTHORIZE , REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 Commercial Lines - (305) 443-4886 Wells Fargo Insurance Services USA, Inc. 2601 South Bayshore Drive, Suite 1600 Coconut Grove, FL 33133 NAME: ana Management De artment NAME: g Department PHONE 866 443-8489 FAX 800 589-0021 (A/C No. Ex*( ) (A/C, Not: ( ) AL DRADDRESS: Work.Comp@Trinet.com INSURER(S) AFFORDING COVERAGE NAIC C INSURER A: Indemnity Insurance Company of North America 43575 INSURED TriNet HR III, Inc. RE: Table Mountain Group LLC 9000 Town Center Parkway Bradenton, FL 34202 INSURER B : INSURER C : INSURER 0: INSURER E : INSURER F : CERTIFICATE NUMBER: 12148524 REVISION NUMBER: See below 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. ICY R LTR TYPE OF INSURANCE ADDL NSD SWVD POLICY NUMBER IMMUER P POLICY EV (PMMIDD/YYYYL LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED PREMISES Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEM_ i AGGREGATE LIMIT APPLIES POLICY, I PRO- JECT I OTHER: PER. LOC PRODUCTS - COMP/OP AGG $ S AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY — I HIRED I AUTOS ONLY — SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) 11111 $ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per acrrdent) $ $ UMBRELLA LIAB I EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X WLRC64417691 7/1 /2017 7/1/2018 X STATUTE ERPER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE S 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Workers' Compensation coverage is limited to worksite employees of Table Mountain Group LLC through a co -employment agreement with TriNet HR III, Inc. A Waiver of Subrogation applies in favor of certificate holder as required by written contract. CERTIFICATE HOLDER City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 CANCELLATION 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 ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. Workers' Compensation and Employers' Liability Policy Named Insured I TriNet HR III, Inc. RE: Table Mountain Group LLC Endorsement Number Policy Number WLRC64417691 Symbol. Number Policy Period 7/1/2017 TO 7/1/2018 Effective Date of Endorsement 07-01-2017 Issued By (Name of Insurance Company) Indemnity Insurance Company of North America Insert the policy cumber The remainder of the information is to be completed only when this endorsement is issues subsequent to the preparation of the policy. 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 will not 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 City of National City c!o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 For the states of CA, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. 9torY` ......... Authorized Agent Copyright 1982-83, National Council on Compensation Insurance Use of Force Training Simulator Proposal for: August 2, 2017 Lieutenant Robert Rounds National City Police Department Operations Support (619) 336-4433 — Desk (619) 336-4525 - Fax rrounds@nationalcityca.ciov Ti Training Corp. Ti Training Corp. 4680 Table Mountain Drive Suite 150 Golden, CO 80403 Humberto Perez Sales Representative Humberto@Titraining.com 1.800.634.1936 X 310 (562)324-1532 Cell (303)414-3556 Fax 1 of 6 Ti The Strongest Element in Training Training Corp. CONTRACTOR INFORMATION FULL LEGAL FIRM/COMPANY NAME: Ti Training LE, LLC BUSINESS STREET ADDRESS: 4680 Table Mountain Dr. Suite 150 Golden, CO 80403 BUSINESS TELEPHONE NUMBER: 303-414-3555 BUSINESS FAX NUMBER: 303-414-3556 COUNTY: Jefferson MINORITY OWNED: NO NATURE OF BUSINESS: Design, Mfg., Sales and Maintenance of LE Simulators PRINCIAPALS: NAME: Gregory Otte TITLE: President NAME: Joe Mason TITLE: Vice President NAME: Kila Otte TITLE: Sales Director YEAR EST: 2006 FEDERAL TAX ID # 46-4301759 CCR# X9HJR5 DUNS # 7806 80802 2 of 6 Ti Training Corp. The Strongest Element in Training Training Lab TL-102 —Force Training System: Portable Configuration 1) TL-102 Training Lab STANDARD FEATURES: Portable Turn Key System Debrief) Ti Training Scenario Library 800+ pre -loaded Ti New Scenarios for life of system Ti Exclusive Certified TASER Courses and Scenarios Ti Windows Professional Operating platform 111 System is Self -Calibrating under any lighting conditions al Travel Case (Storm Type) ® 17" Laptop with Training Lab Software Pre -Installed Ti HD 3D Video Projector (16:9 aspect Ratio) (1980x1280) Ti 12'x7' Portable Projection Screen 16x9 Format with Travel Case ® Portable Speaker System Ti Exclusive Scenario and "On -the -Fly" 3-D Audio Ti Up to 12 Independently Detected Devices (e.g. 12 Separate Shooters) al PiP - Recording and Playback of Trainee — Audio and Video (Camera) ffi Customized Record Keeping and Report Generation ffl Advanced Debrief- (All of Your Teaching Tools Can Be Used in Scenario Ti All necessary cables, connections, software ffl Lowlight Simulator includes 1 Flashlight (TL-517) with Filter HI Baton Branching ill 1- Laser OC Canister (TL-112) Hi 3- Laser Inserts for Glock 22 Gen 4 Trigger Kits (TL-270 + TL-268) HI 12 Month Warranty — Extended System Warranties Available 1) TL-102 Training Lab System Pricing $19,750 REQUESTED ADD -ON OPTIONS EACH TOTAL 1) TL-REMOTE Portable Add -On Package Inc. projector, speakers, camera set & cable bundle $4,900 $4,900 1) TL-VRG-RIFLE Inert Replica AR Rifle with Laser $300 $300 1) TL-112 OC Laser Canister $1,400 $1,400 1) TL-119 G2 Tactical Flashlight, Black with IR Filter $250 $250 2) TL-201 TASER X-26 laser fitted, includes 1 Laser Cartridge $2,200 $4,400 1) TL-270 Training Lab Dry Fire Laser Insert (Firing Pin Activation) $900 $900 1) Pepper Ball Adaptor (Used with TL-270) $500 $500 1) TL-246b Vest Hostile Fire Simulation Package (1 Vest, 1 Auxiliary Box, 1 Laser Box) $3,900 $3,900 1) TL-244 Hostile Fire Vest - Stand alone $2,500 $2,500 1) 4YWU Additional 4 Year Warranty with Training Lab Upgrade during final year Included $10,500 $10,500 Additional Options $29,550 DISCOUNT -$3,000 3 of 6 • Ti Training Corp. The Strongest Element in Training SUB -TOTAL $46,300 CA Sales Tax 8.75% $4,051.25 Onsite Training $3,500 TOTAL $53,851 Master Instructor Training @ Customer Site or Ti Academy (Golden, CO) Training is for 6 Students at the customers' site, 3 consecutive days 24 Hours) Shipping: There is no additional charge for shipping. Shipping is FOB destination. Terms: FOB: Destination Delivery: 45 days Warranty: 60 Months from delivery with system upgrade during final year included. Partial Shipment and/or Partial Invoices are accepted. Please note otherwise. Screen: Shipped direct from the factory. Ti "Mile High" Support Ti Training has a full time customer support representative who is available in the Colorado office, toll free phone, land line, fax and e-mail. The office hours in the Golden Colorado customer support department are: M — F, 7am — 6pm. Weekends and after hours the customer support tech is available 24/7 via cellular phone and e-mail. In addition to the full time customer support tech there are two trainers that have the knowledge of system operation. These two support people have the same office hours and are available via cellular phone and e-mail. If a system has to be mailed back for repair the turnaround time is 24 hours, if 24 hours cannot be met, a loaner system will be sent overnight. You can load your content and be up and training with minimal down time. In addition to the regular support Ti Training has an open training policy. Here in the Golden Office Ti hold monthly training session in both technical issues and user interface issue. These monthly classes are free of charge to attend. They are scheduled months out and a simple confirmation assures your people will never go untrained. It is the philosophy of Ti Training the system we manufacture and sell and only as good as the end user and their expectation. With that in mind we do everything possible to maintain an open dialog and continued training to make your training the best it can be. Below are the bullet points of the customer support plan: 4 of 6 Ti Training Corp. The Strongest Element in Training TI. 24 Hours a day, 7 days a week, 365 days a year Hot Line Technical Support via telephone Ti; On-line Remote Maintenance r W Diagnostics, Repair Parts and Labor 100% covered at the Ti Repair Facility in Colorado E FFree Software Updates P, UUnlimited Credits to a Instructor Operation / Technical Course offered monthly, based on availability, Golden, Colorado Ti Loaner system while yours is in repair. Ti "Mile High" Warranty Upgrade Package This package includes 4 Years Additional Coverage that starts after the initial 1 year included in the base system package. Anytime within the 5th year of ownership of your Training Lab you can trade it in for a NEW Training Lab for no additional charge! This insures that your training technology is never out of date, always operational and includes the latest in advanced features. Training LabTM Master Instructor Initial Certification Course Ti Training Corp. is committed to providing the best, most advanced and effective training to our customers. It is critical that our customers not only know how to operate the Training LabT1t system and its components, but also how to safely and effectively provide training in the simulated environment. All of this not only provides your agency's officers with the best possible training, it also can reduce agency liability due to the depth of the training received by your instructors Course Description: Ti Training Corp.'s course of simulation instruction is designed to train selected students in the set-up, function, operation, and maintenance of the Training LabTM and Training Room TM interactive simulation systems, manufactured by Ti Training Corp. These systems utilize the latest advances video, laser, RF and programming technology to provide an intuitive, easy to maintain training tools. These tools are designed to aid in teaching Public Safety Personnel to effectively and safely perform their duties. This course begins with classroom theory and progresses to "hands on", proficiency based exercises. We at Ti Training Corp recognize that even the most advanced technology is useless in the hands of someone who cannot effectively operate and maintain that technology. 5 of 6 • • • Ti Training Corp. The Strongest Element in Training In addition to setup, operation and troubleshooting of the simulator, this course includes an Instructor development block entitled "Effective Simulation Training." Developed in conjunction with an accredited college and backed by scientific research, this portion of the course contains the latest training techniques and methodologies for providing effective training in a simulated environment. Some of the components of this section of the course are listed below for reference: MASTER INSTRUCTOR CERTIFICATION Successful completion of the entire course of instruction provided by Ti Training Corp. certifies the attendees as "Master Simulation Instructors.' As such they can not only provide training to members of your agency but they are ato able to certfy others within your agency as "Simulation Instructors." Topics Include: -Training Area Set Up -Training Objectives -Training Evolution -Lesson Planning -Scenario Implementation -Effective Debriefing 6 of 6 May 17, 2017 Sole Source Document for Ti Training Simulation Products Lt. Robert Rounds National City Police Department Simulation for Law Enforcement has been around for more than 20 years; there have always been several companies offering some form of system. Ti Training has over 100 years of Law Enforcement Simulation manufacturing, sales and service experience within our Management team. We are all owners of the company and have a simple philosophy: Build a tool using the best, most reliable technology and then support our products and customers. Use of Force Simulator All simulators essentially have the same functionality of projecting stimulus onto a screen and allowing the trainee to interact with that stimulus. Differences occur in how that stimulus is projected, how the stimulus is created, how the scenario responds to different devices, the level to which the trainee can interact. Additional differences are in design architecture. For example, some systems do not provide the instructor with useful tools that aid in the teaching and learning process. The quality of user training, customer support and service and value also vary greatly among manufacturers. Here is a list of unique features that make the "Training Lab" Use of Force Simulator by Ti Training worthy of being sole sourced. The Company • The Company is employee owned small business. • The company is in its Tenth year of business. • The company has a D&B rating of 98% positive. • There is no "Parent" corporation to direct, alter or mingle in our affairs. • The Company markets and sells only to the Law Enforcement community. • The President has 21 years of successful Law Enforcement simulation leadership. • The VP of Operations has 34 years of Law Enforcement sales and 12 years in simulation. • The VP of Training has 20 years for Law Enforcement Simulation Training experience. • The VP of Business Development has 22 years in Law Enforcement simulation sales. • The Director of Sales has 20 years of Training, Content Design & Sales of LE simulators. • The entire management team has worked together for over a decade. "The StroffigeS1 Element ill Training" 4680 Table Mountin Drive ##170 Golden, CO. 80403 www TitraininR com 800.634.1936 0 The Product "Training Lab" Ti used off the shelf products combined with proprietary software and lasers to create the most advanced simulation system for law enforcement today. Ti is the only manufacture of the Training Lab Simulation system to be used with proprietary configuration, lasers and scenarios. These "Sole Source" software features and components are highlighted below. Computer • Operating software is Windows 0 for familiarity and reliability. • The computer box is 100% commercially available off the shelf (COTS). • All cables and connections are COTS. • Optical Mouse for reliability and a backlit keyboard. • 22" Flat panel monitor. Audio System • 5.1 surround sound speakers are standard. • Sole Source Item- The Training Lab proprietary software uses the 5.1 surround sound speakers for 3D Audio controls allow the instructor to introduce, in real time, while the scenario is playing; sound effects to further stimulate the student. Sound effects files are accessible on the instructor's screen and can be customized by the end user. Each sound effect can be played from any single speaker or from a combination of speakers in the room to provide directionality. Projection System • The projector is a High Definition (HD), 16.9 Native Resolution, and Widescreen High Definition 3D capable Home Cinema Projector. 5500; 1 Contrast Ratio with Smooth Screen Technology, • The screen is a Da-Lite fast fold free standing screen. Comes with legs and a carrying case, standard. The screen is a 12" x 7' screen (16 x 9 HD format) but if your training environment allows a 14' or even a 16' wide screen can be provided. Hit detect and low light detection cameras • Sole Source Item: The Hit detect camera is a "smart" camera. It has its own processing chip which helps in speeding up the calculations of the time of shot, location of shot, and it also reads the embedded code that distinguishes the laser device number. • Sole Source Item: The calibration process is automated to include a line scan procedure. This scan of light on each pixel allows for the system to operate in various lighted situations. It eliminates the need for hand held calibration devices and darkened rooms. This is the most reliable and accurate calibration available in simulation and is only available on the Training Lab by Ti Training. Other simulators use a wand to locate spots on the screen. This is an antiquated calibration method that will result in less accurate shoot detection as well as light control issues. "Tire,Vtrorzgesi Eleineni` 71r£fining" 4680 Table Mauniain Drive Hi 70 Golden, CO. 80403 www. Titraining.coin 800.634.1936 • The low light detection camera will read a real flashlight with an IR filter and allows for the trainee to use a real flashlight and train in low light conditions. • Sole Source Item: Any IR light designed for night vision use can be used unfiltered on the system. Low Light Training • The Training Lab allows for the use of actual flashlights (covered by special filters). The instructor can set any lighting level for the scenario forcing the use of a flashlight to light up the portion of the screen that the student wants to see. Multiple flashlights can be used. This does not affect the use of any laser device and is not laser based. • Sole Source Item: The light level can be controlled on the fly using a slider bar control at any time during a scenario to adjust the light level to any level of darkness. Other simulators only allow you to take the level of darks down to complete dark and this decision must be made at the start of the scenario. Picture in Picture (PiP) — • While running scenarios you have the ability to capture both color video and audio of the trainee. This video can then be played back in a picture in picture mode with the scenario. Key training points can be highlighted and with the use of the exclusive optical zoom feature dissected. This is critical to effective training since it provides an objective viewpoint for evaluation of performance by the student and the instructor. • Sole Source Item: The PIP camera can pan and tilt and is controlled by the instructor in real time.. Zoom and focus controls are also on the instructor's screen. This video can be played in the large projected view or swapped into the smaller view to go over key points as needed. The playback can also be located on the screen in any area the instructor desires and at any playback rate, slow motion, frame by frame, or scrolled to a specific point in the video. Other simulators offer a recorded view but only offer a straight play back of the video with no detailed functionality to actually dissect the video for proper debrief with the trainee. Report Generation w/ Templates • Reports as simple as Name, Time, Date and Scenario Title to intricate reports detailing time and location of shots can be created using this software. This software can output reports electronically, or into Microsoft Word. Format for immediate printing. All reports can be customized to fit the needs of the individual departments. • Sole Source Item: Reports can be saved, sent and printed directly from the instructor's debrief screen. The report format can be any Microsoft product, such as Word or Excel. Other simulators only provide a proprietary file that must be reformatted and transferred into a useable document offsite of the simulator. "The Dronges1 Element in Training 4680 Table Mountain Drive 070 Golden, CO. 80403 www TitraininR con: 800.634.1936 .T Debrief Magnification • During the debriefing of a trainee the instructor has the ability to use the mouse and magnify any portion of the down range screen. Especial on shot placement you will be able to oversize a target or suspect to show in greater detail the point of impact. • Sole Source Item: The magnification area of interest can be manipulated and changed to show additional details of the area. Scenario Editor • Sole Source Item: The Ti Training Scenario Editing software allows you to take any video file footage (standard definition or High Definition) and create multiple branching scenarios for use on the system. It includes an easy to use and intuitive system for defining scenes, hit zones (for firearm, OC, TASER, etc.) and branching options. This software is standard with any purchase of the Training Lab system and training is provided on how to film and edit your custom scenarios easily. Scenario Library • Sole Source Item: The heart of any simulator is the content. The Training Lab comes with over 800+ fully branching scenarios. Since our inception we have filmed every scenario using High Definition cameras, we have not modified or stretched and standard definition video scenario to fit the 16 x 9 aspect ratio, they are ALL native HD. Other simulators only recently started to include HD video, and have opted to stretch old standard definition video to fit a 16x9 aspect ratio. This creates extremely distorted resolution and makes the scenarios very difficult to use, cutting the usable scenarios down to only the video filmed in HD. Beware of high scenario counts from other simulation companies. Ti training is the ONLY company providing all HD library of scenarios. • Sole Source Item: All Scenarios filmed by Ti Training since June 2010 are filmed in 4K resolution. 4K is 4000 times clearer than standard HD. This gives the most realistic and clear video available today. • Every scenario is filmed by a professional crew using professional actors for quality control. Specific scenarios have post production effects (e.g. blood splatter, sound effects, lighting controls, etc.). to enhance training objectives. • Prior to filming scenarios, a user group of Law Enforcement trainers are gathered to assist in the writing of each scenario for accuracy and realism. Each calendar quarter, additional scenarios are filmed and are shipped to the end user automatically. These scenarios are created with input from our customers and are free of charge. "The Drongest Element in Training" 4686 Table Mountain Drive ##170 Golden, CO. 80403 www.Titraininz.com 800 634.1936 U 3D Scenarios • Sole Source Item: When a use of force decision is made, relative distances may be the most important factor in deciding if, when and what type of force should be used. The distance from the officer to a subject, the distance between a subject and weapons of opportunity, distances between multiple subjects and other officers or innocents, the size and location of objects between the officer and the subject, etc., are all critically important when determining what force option is most appropriate at a given moment. In a two-dimensional environment we are programmed to perceive larger objects as closer and smaller objects as further away. This rudimentary method of evaluating distance is often inaccurate and has been shown to contribute to the process of "adverse training" which is the development of habits that are inconsistent with true -life applications. In airplane, vehicle and use of force simulation: this is always the challenge for virtual reality designers, to design systems that appear real so that response can be accurately tested and evaluated. The Ti Training LabTM system now offers a proprietary module that includes fully branching, high definition (HD 1080i) 3-Dimensional video. The video not only represents true -life proportional height and width accuracy but also adds the element of depth, giving the viewer a fully immersed experience. This type of 3-Dimensional training provides a realistic simulation and forces the brain to process the perceived information consistent with a real world event. All 3D is not created equal. When evaluating video quality HD is the set standard. When evaluating adding 3D to that HD video the creation of the 3D effect is paramount. In order to have a true 3D effect you must film the video with 2 camera lens in perfect sync this gives the right and left eye aspect ratio. Each "eye" video is then edited separately to insure the highest quality is achieved then the 2 videos are overlapped. This overlapping creates a realistic depth when viewed with 3D eyewear. This type of 3D is Stereoscopic. Then the eyewear is important. Ti Training provides Active Eyewear that preform and undetectable shutter at 120th of a second but seem to the wearer to be just a polarized lens. The effect with our 3D videos is the trainee believes the action from the video is in the room with them. Other simulators use very old and outdated Anaglyph 3D that utilized colored lens (red & blue) to skew the viewer's color perception. The scenarios are given a "color" treatment instead of using the 2 camera views. This is not realistic for simulation training whenever the trainees are required to use all of their senses to make true judgments. This skewing of the view is more of a confusion and actually takes away from the training value rather than enhance and make it more realistic. 50+ 3D scenarios come with the system and will be updated for free as we grow the library, every 4 months. "The Stron-gegi Element in Training" 4680 Table Mountain Drive # 170 Golden, CG 80403 www.Titraininz.com 8Q6. 634.1936 S 3D CGI graphical background and Live video 3D green screen drills (Hogan's Ally) available. • Sole Source Item: Upgrades to True Distance 3D are available. The upgrade includes a 3D Projector, Upgraded video card and 2 pairs of Active Eyewear. Graphic Scenarios and Targets • Sole Source Item: The Training Lab has a group of custom made graphical shooting target programs for skill building and target recognition. i.e. Plate rack, Pepper poppers, Courses of Fire. • Using CGI imagery and Green screen video mixed the Training Lab can represent any environment realistically and simply. Custom Course of Fire Software • Sole Source Item: The Training Lab comes with the software to build any course of fire. You have the ability to photography your background, load your targets, score and manipulate the range or COF in any manner. • Sole Source Item: Upgrades to The Firing Line Marksmanship software are available. This would include features such as, windage and ballistics for long guns. Weapons and Devices The Training Lab has the capability to track up to 12 laser devices simultaneously. The individual tracking allows the instructor to show who shot what device, when that device was fired and the location of impact for that device. Sole Source Item: All Laser devices for use on the Training Lab are proprietary and can only be purchased through Ti Training. • Ti Training Handgun laser insert for dry fire. The laser insert slides into the breach end of the barrel and operates off standard watch batteries. The lasers are individually lane specific. The laser is activated by the firing pin and vibration. The laser is native 9mm but with sizing end caps the same laser can fit a .40 or .45. • Handgun recoil Kits. This is a recoil kit for handgun. It is a drop in kit with no modifications required of the weapon (the weapon is not included). The recoil cycles the weapon and is powered by CO2 canisters in the magazine. • Sole Source Item: The TI Training Lock Back Recoil Kit counts rounds and locks the slide back when the weapon is empty. Force Fail drills can also be induces at any time by the instructor. This is not a permanent modification to the handgun and is completely tether less. • AR-15 Recoil Weapon, CO2 Recoil kit w/Laser. This is a recoil kit by Dvorak. It is a drop in kit with no modifications required of the weapon (the weapon is not "The Strongest Element in Training" 4680 Table Mountain Drive #170 Golden, CO. 80403 www.Titraining.com 800.634.1936 in included). The recoil cycles the weapon and is powered by CO2 canisters in the magazine. • Sole Source Item: Shot Gun Drop in Laser. This is a drop in shell with laser that makes your shotgun interactive with the system. No modifications to your weapon needed. (Weapon not included). Notches are cut from the sides to eliminate the ejection process so that only I laser is needed for multiple reloads. The Shotgun Drop in Laser is a multipurpose laser. It can be used for a multi round shot gun blast, a slug, or any less lethal round shotgun launched round, such as a bean bag or Taser Xrep. TASER® Device, X -26 or M-26, X2 (Sole Source Item), X3 Laser firing Training Weapon. TASER weapon is manufactured by TASER, Intl. for Ti Training. It is a non -firing, safe weapon. The weapon has the real Laser sight and countdown timer. The cartridges have 2 lasers at an 8 degree spread. A real TASER cartridge can NOT be fired by this "Safe" weapon. TI Training is the ONLY Simulation Company Authorized by TASER International to provide TASER Trainer Simulation. • Ti Training OC Spray Canister, realistically sized and shaped, pulsing laser canister that fits into standard duty gear OC holsters. • Baton Branching, Instructor driven branching that shows the appropriate on screen reaction to a baton strike should the student feel that the baton was the correct force option. • Pepper ball, an adaptor t fits over the end of the actual Pepper ball gun and accepts your current laser insert. The air pressure (No Projectile) hits the laser and activates it by vibration. • Sole Source Item: 37/40mm Less Lethal Laser. This is a drop in shell that houses a dry fire laser that makes you launcher interactive with the system. No modifications to your weapon needed. (weapon not included) • Sole Source Item: Vibration Vest Hostile Fire The Vibration Vest is worn during Simulation training while the scenario is playing. When the suspect on the screen uses lethal force or when the suspect strikes at the officer, a laser floods the room and if the trainee is not behind cover the vest is activated by a bright light going off, an audible alarm sounding and an extreme vibration. "The e Strongest Element in Training" 4680 Table Mountain Drive 070 Golden, CO. 80403 www TitraininR.cor 8Q0.63 `r1936 '] Advantages: The Vibration Vest can simulate multiple suspect actions such as punches, kicks and use of lethal force against the trainee. Additionally, it allows for simulated return fire without the need to protect trainee and room from projectiles. Simulation Package Includes: 1 Vest, 1 Auxiliary Control Box, and 1 Room Laser Force on Force Package Includes: 2 Vests and 2 Gun Lasers Telemetry The Training Lab has the ability to track different functions of the trainee. Each of the following devices records information and plays back in real time while debriefing a trainee inside the Training Lab software. • Sole Source Item: Heart rate — An optional wireless heart rate monitor is worn on the trainee and the graph of the trainees heart rate will play back after the scenario in debrief as a graph at the bottom of the screen. • Sole Source Item: Respiratory rate — An optional respiratory belt is worn around the chest of the trainee and the graph of the trainees breathing will play back after the scenario in debrief as a graph at the bottom of the screen. • Sole Source Item: Trigger graph — An optional device is placed on the rails of a handgun and in real time with the scenario in debrief you will see the trigger pressure applied at any given point. Environmental Controls Sole Source Item: Auxiliary Control Box With this option the Training Lab has the ability to control on/off switches of devices in the room wirelessly from the instructor monitor. Some examples of devices that can be controlled are: • Light bar — Any light source like a full light bar, a strobe or just room lighting can be controlled by the training Lab instructor for the instructor screen. • Smoke or Fog machine. • Wind or fan • Stress Vest • Any device with an on -off switch can be added to this environmental control. Video Productions • Sole Source Item: Ti Training is the only simulation company with a full time video crew and state of the. art video production studio. Our production crew has been professionally filming scenarios, training DVD's and promotional videos for the past 7 years. All of the video equipment is High Definition/4K (Red cameras). Our editing suite allows for computer generated imagery and post scenario effects to enhance the training objectives. The 2500 sq. foot studio has a 60 x 20 green screen and a fully enclosed sound booth. New CGI mixed with real video makes the possibilities endless. The studio and camera are now 3D ready and moving forward all scenarios will be filmed "The Strongest Element in Trailing" 680 Table Mountain Drive #170 Golden, CQa 8040.E www.Titraininz.com 800. 6'3401936 in 4K 3D. Both 2D and 3D version of each scenario will be available and provided free of charge every 4moths on a self -loading disk. Usually around 25 new scenarios are provided. • Ti Training also provides our Studio Productions to agencies who would like to produce custom scenarios. We off a link to provide scenario ideas on our website as well as can come onsite with your agency to film any objective and location. Live Fire • Sole Source Item: The Training Lab is fully equipped to have the system operate in live fire mode. With the addition of a live fire laser you will have the ability to shoot live round in scenario based training. The scenarios branch and all of the instructor functions remain the same. In debrief you will see shot placement just like in laser mode. There is no need for large, expensive, specialized screen for hit detection. A true breakthrough for live fire judgmental training. Operational Training • Sole Source Item: Ti Training Corp. is committed to providing the best, most advanced and effective training to our customers. It is critical that our customers not only know how to operate the Training LabTM system and its components, but also how to safely and effectively provide training in the simulated environment. All of this not only provides your agency's officers with the best possible training, it also can reduce agency liability due to the depth of the training received by your instructors • Ti Training Corp.'s course of simulation instruction is designed to train selected students in the set-up, function, operation, and maintenance of the Training LabTM and Training RoomTM interactive simulation systems, manufactured by Ti Training Corp. These systems utilize the latest advances video, laser, RF and programming technology to provide an intuitive, easy to maintain training tools. These tools are designed to aid in teaching Public Safety Personnel to effectively and safely perform their duties. This course beg'ns with classroom theory and progresses to "hands on", proficiency based exercises. We at Ti Training Corp recognize that even the most advanced technology is useless in the hands of someone who cannot effectively operate and maintain that technology. • In addition to setup, operation and troubleshooting of the simulator, this course includes an Instructor development block entitled "Effective Simulation Training." Developed in conjunction with an accredited college and backed by scientific research, this portion of the course contains the latest training techniques and methodologies for providing effective training in a simulated environment. • Successful completion of the entire course of instruction provided by Ti Training Corp. certifies the attendees as "Master Simulation Instructors." As such they can not only provide training to members of your agency but they are also able to certify others within your agency as "Simulation Instructors." "Fire £ilrongest Element in Training 4680 Table Mountain Drive ##170 Golden, CO.80463 www Titrainini com 80a.634.1936 a • • Training is on set up, basic operation, running students through simulation, filming and editing of custom scenarios, recoil gun care and maintenance, troubleshooting, customizing your simulator to your needs and policies and on the Classroom keypad system. Classroom Simulation Training System • Classroom keypad system that integrates into the Ti Training Lab or can be freestanding on any computer with Power Point loaded. The software license is free to allow for multiple users and can track up to 1000 response cards per receiver. • Sole Source Item: Interactive turnkey courses are available for use with the training Room package. Titles cover a wide variety of subjects delivered by the world's leading Law Enforcement trainers. Ti Pad Remote Instructor Control Tablet • The entire Training Lab can be operated from a remote, wireless, handheld tablet, iPad. This is especially useful in live fire simulation training and when an instructor wants to move in closer to the trainee while going through scenarios. All instructor monitor functions can be controlled by this remote TiPad. • Sole Source Item: Interactive turnkey courses are available for use with the training Room package. Titles cover a wide variety of subjects delivered by the world's leading Law Enforcement trainers. Titanium Lock Back Recoil Kit • The Titanium Lock Back Recoil Kit is a recoil kit that is exclusively offered by Ti. The kit drops into any Glock without any permanent modifications. Recoil is powered by CO2 in the magazine and the kit counts rounds fired until empty and will lock back forcing a reload drill. This kit can also induce a force failure drill. • Sole Source Item: TI Training is the ONLY Source for this recoil kit for use with LIVE gun without permanent modifications allowing a lock back function without tethers. • Sole Source Item The Training Lab EX* projects up to 33' wide and incorporates our 180-degree mobile screen system. No matter what your training objectives are, your Training Lab EX system can accommodate them. The Virtual Marksmanship Mode supports up to 12 individual lanes. With a quick and easy adjustment, you can switch to a 180-degree judgment scenario training in a completely immersive environment. With the Gullwing configuration, you simply close the sides to maximize your training objectives, from flat configuration to 180 degrees - the system stays completely calibrated and can be moved easily and instantly to seamlessly incorporate a vastly expanded array of virtual training options. *Patent pending Tine Strortgegt Element in Training" 4680 Table Mountain Drive #t170 Golden, GO 80403 www Tit'rainin. cons 800.634 936 Ultra -World- Virtual Shoot House • Ti Training offers a multi room simulation experience that is completely Customizable and Mobile. The Ultra World is an innovative fabricated architectural structure that has 4 different configuration options and incorporates 4 separate projected surfaces (combined in 1 room or spread into separate rooms) all from 1 computer source. • Sole Source Item: TI Training is the ONLY Source for this Ultra World multi - screen / multi room simulation configuration. Exclusive content is designed for use in each of the mobile wall configurations. All of the screens operate off of a single computer source. Sincerely, Kila Otte Ti Training VP Sales 1-800-634-1936 ext 207 kila@titraining.com "The ,Ctrongest Element in Training" 4680 Table Mountain Drive #170 Golden, CO 80403 www.TitraininR.com 800.634.1936 )1 • I I t. 0 • RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220, SUBSECTION (B), SOLE SOURCE PROCUREMENT, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH TI TRAINING CORP., FOR THE NOT TO EXCEED AMOUNT OF $53,851 FOR THE POLICE DEPARTMENTS PURCHASE OF A USE OF FORCE TRAINING SIMULATOR SYSTEM THAT INCLUDES ADVISING ON THE INSTALLATION OF A VIDEO PROJECTOR AND SPEAKERS AT THE POLICE DEPARTMENT, AND ONSITE TRAINING FOR SIX POLICE DEPARTMENT EMPLOYEES IN THE OPERATION OF THE SYSTEM WHEREAS, the City desires to employ a contractor to provide electronic use -of - force training for officers; and WHEREAS, the City has determined that Ti Training Corp. is a company engaged in the design, manufacture, sales, and maintenance of law enforcement simulators, and is qualified by experience and ability to perform the services desired by the City, and TI Training Corp. is willing to perform such services. WHEREAS, the City has determined that Ti Training Corp., is the only contractor that provides all the needs identified by the Police Department; and WHEREAS, National City Municipal Code ("NCMC") Section 2.60.220(B) allows the bid process be waived when the commodity, regardless of value, can be obtained from only one source. Sole source procurements may be used when there is only one source from which a particular commodity is available and there is no adequate substitute. Sole source procurement may also be used when it is clear that competitive bidding will not produce any competitive advantage or would be impractical or not meet an urgent city procurement need; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes waiving the bid process pursuant to Sections 2.60.110(B), of the National City Municipal Code, and authorizes the Mayor to execute an Agreement between the City of National City and Ti Training Corp., in an amount not to exceed $53,851 for the purchase of a Use of Force Training Simulator System for the Police Department, including advising on the installation of a video projector and speakers at the Police Department, and including onsite training in the operation of the system for six Police Department employees. PASSED and ADOPTED this 15`h day of August, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney Aiflhp r October 3, 2017 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk Mr. Gregory Otte Ti Training LE, LLC 4680 Table Mountain Dr., Suite 150 Golden, CO 80403 Dear Mr. Otte, On August 15th, 2017, Resolution No. 2017-160 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Ti Training LE, LLC, D.B.A. "TI Training Corp". We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosures