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INIRANCE NC i ON FILE N-2018-161 WORK MAY NO'i PROCEED �LERK OF COUNCIL DATE; ,AUG 0 G 2010 AGREEMENT WITH MEGGITT TRAINING SYSTEMS % FOR INSTALLATION AND USE OF TRAINING SIMULATOR yy�a� FOR BETA PROGRAM PHASE 111 THIS AGREEMENT is made and entered into this lst day of August, 2018 by and between Meggitt Training Systems, Inc., a Delaware Corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Contractor is seeking regional partnerships with law enforcement agencies to provide increased awareness and receive feedback from law enforcement on the use of Contractor's virtual training simulators during the beta program of its system described below, B. As part of a Beta Program Phase, Contractor will install the equipment and train Department staff on the use of the Contractor's FATSTO 30OLE system ("Training Simulator") at no cost to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including providing all labor, materials, tools, equipment, and training necessary to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. Contractor shall not charge City any monies for the installation of the equipment, the use of the training simulator, or the training, during the 8 -month Beta Testing Phase detailed below in Section 3. Contractor understands that the use of the equipment is limtt"d to testing the equipment during the 8-inonth Beta Testing phase only and City is under no obligation to purchase the equipment or enter into an Agreement with Contractor. b. At the end of the 8 -month. Beta Testing Phase, City shall have the sole discretion to invite qualified vendors to provide similar training simulators for testing and, use by City personnel for such time as is necessary. Thereafter, City shall have the sole discretion to issue a Request for Proposal to obtain proposals from qualified vendors - Page I of 7