2014-053ARDINANCE NO. 2014-05V
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the purchase of one (1) use of force simulator in accordance with the procedures of State law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
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the relative imDortance of mice and the other evaluation factors included in the request for proposals;
M-1 I =1 I - , . 9 illigpill
to 5e usect Tor Tne purcnase oi we 717
herein; NOW, THEREFORE,
R-FP
NUMBER VENDOR AMOUNT
5198 VirTra Systems, Inc. $278,310
SECTION 2. By the acceptance and approval of the above numbered items of the submittei
proposals, the City accepts the offer of the persons submitting the proposals for such items an4
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
. ecifications- standards- quantities and for the specified sums contained in the Proposal Invitations-
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under the RFP 5198 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED R,...• this the day of :Fd -4 ,2014.
mARK A. BLJRRQUGHS, MAYOR
ATTEST:
JEWIFEV, WALTERS, CITY SECRETARI
BY:
0 9 P 9
FAI J1
I I VAJ I
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BY:
- ZZ,
RFP 5198
WRIMM 0
WIN I I M a W11019 0 1 N I 10"WWWOWN IUKIN
Training Facil a copy of which is on file at the office of Purchasing Agent and incorporated
herein for all purposes. The Contract consists of this written agreement and the following items
which are attached hereto, or on file, and incorporated herein by reference:
RFP 5198 Page 1 of 18
11- 111"ITINESS WHEREOF, the parties of these presents have executed this agreement in
the year and day first above written.
JENNIFER ALTE RS, C TY SECRETARY
BY:
BY:
AUTO RIZED SIGNATURE
Date-.,
Name: U
Title: C® 0, 0.
i-1 ' /z/ <-/ 0
..go - 9V P - 1 6
FAX Nu ER
RFP 5198 Page 2 of 18
1
1I 1�
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Exhibit A
City of Denton
Standard Purchase Terms and Conditions
response, Invoice or Statemment sh serve to modify the terms set forth herein. If there is a conflict
between the provisions on the face of the Contract/Purchase Order these written provisions will take
precedence.
By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall bA
governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated.
Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a
Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to
purchase Services to be performed principally at the City's premises or on public rights-of-way.
1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the
Solicitation and in the Supplier's Offer in strict accordance with the terms covenants.. and condiftsy&mAiritkin-mi
and all applicable Federal, State, and local laws, rules, and regulations.
the date the contract is signed by the City, and shall continue in effect until all obligations are performed in
accordance with the Co7viract.
RFP 5198 Page 3 of 18
Every tender or delivery of deliverables must fully comply
with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall
constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the
time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then
make a conforming tender within the time allotted in the contract.
RFP 5198 Page 4 of 18
R y the Supplier, unless otherwise stated in the contract terms.
RFP 5198 Page 5 of 18
A. If a DBE/MBEAVBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is
15th calendar da,.g after comyletion of all work under the contract, Final ,zajiment, retainage or both may
— - Aie-wNiLvN
if the Supplier is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously
asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising
from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising
from the Swilier's continuini obliiations under the Contrac;, inil ji
t
k-Y) 411NIll?, LIMCF UIC k-Atj N rly�nt LU aj.'LIL, UIU 11. U VdIVU1 U1 U11 UIMIM dgiMISL U116k
City other than those previously asserted in writing and not yet settled.
16. SPECUL TOOLS &
tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such
special tooling equipment and any process sheets related thereto shall become the property of the City and shall be
identified by the Supplier as such.
RFP 5198 Page 6 of 18
177invu 1-Mor Me Zontract, WTV ulat me acilleraoics are iree anu clear Ul all 11clis, claims, Security imeres Ws
encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to
the deliverables.
22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City
under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with
generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all
applicable Federal, State and local laws, rules or regulations.
A. The SuAclier mWA not HM:ij. exclude or disclaim the fore oiag�warrantp or ank% wamai6—,j imiclied bp-law-all
d aDVA
attempt to do so shall be without force or effect.
RFP
519 8 Page 7 of 18
RFP 5198 Page 8 of 1
City of Denton
Materials Maijagement Department
90 1 B Texas Street
Denton,
RFP 5198 Page 10 of 18
EnUMMITHMIMMMUMMA in I
RFP 5198 Page 11 of 18
RFP 5198 Page 12 of 1
writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of
default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations
a similar • different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No
_�rinted or similar terms on anri the S lier invoice, order or other document shall have force or effect to
change the terms, covenants, and conditions • the Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of
49M -a-
substantiallv drafted bv onr,-=,v, it is the intent of the -,oarties that all provisions be construed in a manner to be fair
to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall
control, unless otherwise defined in the Contract.
9,• . DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to
prosecutin,j� a suit for dama�eg, 54�gwcf �-j V-f �Li
statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between
ME 2=1 11,111011 1 1
1GN4T1fF19T1" IT MeCUII& HIC PLLELICS IIUVC 110
T-77M ".7 R WIPYROW-1 I
succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below.
Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed
directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the
mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a
contract int2Mretation expert. If the j2arties fail to a I ree on a mediator within thirty (30) calendar days of initia.tm�--c
TU� MI-ST7V ). I IIC; pill UUN d;I CC U.) PME I C H17111 f,'UIdUL)I1 III gUU1t idIUI IVI UPI LU UIMY "It") L;aICIIUUr UdYS 11-0111
the date of the first mediation session. The City and the Supplier will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to
represent them or otherwise assist them in the mediation.
VW"MM— NOMMM
jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the
parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from
any competent authority as contemplated herein.
RFP 5198 Page 13 of 18
provision. The provisions of this section shall not prevent this entire Contract from being void should a provision
which is the essence of the Contract be determined to be void.
I . it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm,
Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not
within the normal hours of 01fieration must be aio�lrayed bgj the City
designee.
F *14h: All provisions of the Contract that impose continuing obligations on
the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall
survive the expiration or termination of the Contract.
54. ftUT,��- 11SPENSION OR DEBARMENT CERTIFICATION:
The *r _v.2-kixg ,or
or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By
accWting a Contract with the Cit the Vendor certifies that its firm and it� N-Meldele 0-0
179=7LICS r-XU1UUUU from reucrat I rocuremem an(i r;on-f rocurementfrograms, tjie State ol exas, or t "ei"ty
of De-tto-wi.
RFP 5198 Page 1 4 of 18
(2) An end product manufactured in the United States, if the cost of its components mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign
origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in
sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap
generated, collected, and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies
acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract;
but will consider for approval foreign articles as domestic for this product if the articles are on a list
approved by another Governmental Agency. The Offeror shall submit documentation with their Offer
demonstrating that the article is on an approved Governmental list.
D. The SuMilier shall deliver onlp domestic end Coxoducts exce-�tt t-s the ftiorwl, *f furingmwM
products in the provision of the Solicitation entitled "Buy American Act Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in
any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the
submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded supplier or supplier to be licensed by
the State of Texas, any and all fees and taxes are the responsibility of the supplier.
RFP 5198 Page 15 of 18
of any such damage within one 1. day.
reasonable efforts to recommence performance or observance whenever and to whatever extent possible without
delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be
confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonabl,t,
level of detail the circumstances causing the non-peTformance or delay in performance.
RFP 5198 Page 16 of 1
lDnm
1 i
Exhibit B
CIDecial Ter ondiVom-
• • I I ve-fSsrCt . ITIR • it
the notice to proceed with the order of the material.
RFP 5198 Page 17 of 18
i
CITT OF DENTON
rk"FP FOR THE SUPPLY AND INSTALLATION OF POLICE USE OF FORCE
TRAINING SIMULATOR
0VU P 4 5198
EXHIBIT 2
T
X_C_V.,L1Jr_1A I 1 M-0 Clu-1
The technical specifications shall be finalized upon the selection of the Firm. The proposal
submission shall have accurately described your understanding of the objectives and scope of the
requested products and services and provided an outline of your process to implement the
requirements of the scope of work and/or technical specification below. It is anticipated that
scope proposal submission will include, at a minimum, the following: I
1�3 ml$
A Law Enforcement (LE) oriented "Use of Force" simulator that uses either continuous
or interconnected screens to create a fully immersive active engagement in a 300 degree
environment surrounding a trainee. The trainee shall be challenged by a multi-directional
19TS, "00 =44ma
--= •
• The simulator shall fire using lasers to teach trainees accurate targeting skills.
• The system shall be is configurable to fit into a room that is painted black (ceiling, walls,
and floor), has no windows, and is 35 ft by 29 ft and at least 13 ft high.
The simulator shall be equipped with an interactive 'return fire' system or device that
delivers a safe and adjustable electrical impulse to simulate hostile fire and enhance
realism during training. Any 'return fire' system shall not require eye protection for
either the trainee or any associated personnel who are present during training.
9= •�
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weapons for use in the laser based simulator. These kits shall include extra magazines
CITY OF DENTON
RFP FOR THE SUPPLY AND INSTALLATION OF POLICE USE OF FORC
TRAINING SIMULATOR I
The simulator package shall include additional weapons to which a trainee could
transition as if in the actual field.
• Additional/optional weapons for use in the simulator shall include:
o TASER
o OC Canister
Shotgun Insert
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The selected simulator shall also include use • flashlight as an option for low light
training. Supplied equipment shall include tow (2) flashlights (and associated hardware
and software) so trainees can learn to manipulate flashlights in addition to standard
weapons if necessary.
The sirnulator package shall include equipment to provide for real-time monitoring,
recording, and playback for debriefing of the trainees.
The simulator shall be equipped for a table-top refill station for all refillable magazine
w
Equipment shall include automatic gush button activation and one CO2 tank
ship empty.
CITY OF DENTON
RFP FOR THE SUPPLY AND INSTALLATION OF POLICE USE OF FORC
TRAINING SIMULATOR 11
The simulator shall include an internal battery for up to four ATR M16 MAG magazines
1710
9 W - ,,: —1 !•.
• One year fall service warranty and support services shall be included.
• The City request pricing for additional year(s) warranty. List the pricing for the standal
I I 1 8 0 4 1 ^ ^
I V pro] 44 10 aTj ji �#, �
The simulator shall by accompanied by a 24 hour/7 days technical support by phone.
On-site support shall be available if phone support is unsuccessful.
Mm
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rill I I I I I I I ,
CITY OF DENTON
RFP FOR THE SUPPLY AND INSTALLATIOV OF PlILICE, II&F IM-MIRVY
ATTACHMENT G
PAGE 51 OF RFP # 5198
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Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed and
2ccepted by the City of Denton, Owner, the minimum insurance coverage as indicated
hereinafter.
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Each policy shall be issued • a company authorized to do business in the State •
Texas with an A.M. Best Company rating of at least A- VIII or befter.
Any deductibles or self-insured retentions shall be declared in the proposal. If requested
by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Liability policies shall be endorsed to provide the following:
Rame as Additional Insured the City of Denton, its Officials, Agents, Employees
and volunteers.
■ That such insurance is primary to any other insurance available to the Additional
Insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured shall not operate to increase the insurers
limit of liability.
Cancellation: City requires 30 day written notice should any of the policies
flescribed on the certificate be cancelled or materially changed before the
zxpiration date.
Should any • the required insurance be provided under a claims made form, Contractor
shall maintain such coverage continuously throughout the term • this contract and,
without lapse, for a period of three years beyond the contract expiration, such that
occurrences arising during the contract term which give rise to claims made after
expiration of the contract shall be covered.
Should any • the required insurance be provided under a form • coverage that includes
a general annual aggregate limit providing for claims investigation • legal defense costs
to be included in the general annual aggregate limit, the Contractor shall either double
the occurrence limits or obtain Owners and Contractors Protective Liability Insurance.
Should any required insurance lapse during the contract term, requests for payments
originating after such lapse shall not • processed until the City receives satisfactory
evidence of reinstated coverage as required by this contract, effective as of the lapse
date. If insurance is not reinstated, City may, at its sole option, terminate this agreement
effective
• the date of the lapse.
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compliance with these additional specifications throughout the duration of the Contract,
or longer, if so noted.
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than
$1,000,000.00 shall be provided and maintained by the Contractor. The policy shall
be written on an occurrence basis either in a single policy or in a combination of
underlying and umbrella • excess policies.
If the Commercial General Liability form (ISO Form CG 0001 current edition) is
d:
Coverage A shall include premises, operations, products, and completed
operations, independent contractors, contractual liability covering this
contract and broad form property damage coverage.
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endorsement for:
• any auto, •
• all owned hired and non-owned autos.
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Coverage is required if Broad form General Liability is not provided or is unavailable to
the contractor • if a contractor leases or rents a portion • a City building. Limits • not
less than each occurrence are required.
Professional liability insurance with limits not less than $1,000,000.00 per claim will
-espect to negligent acts, errors or omissions in connection with professional services
-equired under this Agreement.
Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be
provided. Such policy shall include as "Named Insured" the City of Denton and all
subcontractors as their interests may appear.
Provides coverage for the theft or disappearance of cash or checks, robbery
inside/outside the premises, burglary of the premises, and employee fidelity. The
z)mployee fidelity portion of this coverage should be written on a "blanket" basis to cover
211 employees, including new hires. This type insurance should be required if the
contractor has access to City funds. Limits • not less than $ each
occurrence are required.
Other insurance may be required • an individual basis for extra hazardous contracts
and specific service agreements. If such additional insurance is required for a specific
contract, that requirement will be described in the "Specific Conditions" of the contrac!
specifications.
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[X] Workers' Compensation Coverage for Building or Construction Projects for
Governmental Entities
Certificate of coverage ("certificate")-A copy of a certificate of insurance, a
zertificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
[oroviding services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractoes/person's work on the project has been completed and
accepted by the governmental entity.
B. The contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any overage agreements, which meets the
statutory requirements • Texas Labor Code, Section 401.011(44) for all employees
• the Contractor providing services • the project, for the duration • the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown • the contractor's current certificate • coverage ends
during the duration of the project, the contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
E. The contractor shall obtain from each person providing services • a project, and
provide to the governmental entity:
1. a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
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F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of
any change that materially affects the provision of coverage of any person providing
services
♦ the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to:
provide services on a project, to:
1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
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4. obtain from each other person with whom it contracts, and provide to the
contractor:
a. a certificate of coverage, prior to the other person beginning work on the
project; and
b. a new certificate of coverage showing extension of coverage, prior to the emi
of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the person knew or should have known, of any change thm
materially affects the provision of coverage of any person providing services on
the project; and
7. Contractually require each person with whom it contracts, to perform as requircm
by paragraphs (1) - (7), with the certificates of coverage to be provided to
person for whom they are providing services.
K. The contractor's failure to comply with any of these provisions is a breach of
contract by the contractor which entitles the governmental entity to declare the
contract void if the contractor does not remedy the breach within ten days after
receipt of notice of breach from the governmental entity.