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RES 2004-0655 - PO to GE Driver Development for driver training simulator Ot"'HA'ke ' 64/ _. �►t R E C E �.,�,Ill � i q4rEt)AEBRVt CITY 1 i.. ,s\ City of Omaha _ f :: � a � l ►r4 a . ��r' Mike Fahey,Mayor Thomas H.Warren,Sr. • Honorable President Chief of Police Omaha Police Department and Members of the City Council, 505 South 15th Street Omaha,Nebraska 68102-2769 (402)444-5600 Transmitted herewith is a Resolution authorizing the acceptance of the.proposal www.opd.ci.omaha.ne.us from GE Driver Development in the amount of $114,200.00 for the PatrolSim Eric W.Buske IIITmDriver Training Simulator to conduct and support the training needs of the Deputy Chief of Police OmahaPolice Department to improve driving skills for in-coming Recruits and Brenda J.Smith Deputy Chief of Police Officers. Donald W.Thorson The following proposal was received relative to the above mentioned package: Deputy Chief of Police CONTRACTOR AMOUNT GE Driver Development Driving Simulator $ 98,000.00 3-year Extended Warranty $ 15,000.00 • Shipping and Handling $ 1,200.00 Total $114,200.00 GE Driver Development is a sole source vendor and is a firm qualified to provide the software package. In accord with the provisions of Section 5.16,Home Rule Charter, when there is a sole source vendor,the City Council may, by resolution, authorize the Purchasing Division to issue a purchase order for this equipment. The Police Depai lment recommends accepting the proposal of GE Driver Development. The Police Depai tinent requests your consideration and approval of this Resolution. Funds of $114,200.00 have been appropriated in Year 2004, General Seized Assets Fund 12156, Organization 130711, Account 44221. The Finance Department is authorized to pay the cost from these accounts. A private donation of $45,000.00 will be reimbursed to the General Seized Assets Fund towards the total dollar amount upon receiving. Respectfully submitted, Referred to City Council for Consideration: 3l � 04.4A-C • 57*7 my S-2-m54 Thomas H. Warren,Sr. Date Mayor's Office Date Chief of Police Omaha Police Department Approved as to Funding: Approved: ,,..... ...fhkg — Stanley P. Ti Date Gail Kins Th pson Date Finance Direc or--5.D Human Relations irector P:\OPD1\10662pjm.doc "To Serve and Protect" • A Nationally Accredited Law Enforcement Agency A 1' Proprietary and Confidential Information of GE Driver Development (1 GE Driver Development I I 2961 West California Avenue Salt Lake City, UT 84104 04-MF-021 9 Phone: (888)2594746 Fax: (801)994-0294 February 19, 2004 11 PatrolSim I I ITM Driver Training Simulator Proposal 1-1 Mike Flavin, Regional Sales Manager Ii Officer Stefan Davis El Omaha Police Department 505 South 15th Street I Omaha, NE 68102-2769 11 402-444-5855 E Confidential to: GE Driver Development and Omaha Police Department I I _ _,.._ I -44 .: I IL I J � xy • 7. _ Omaha Police Department pit) GE Driver Development • Table of Contents I Price Proposal 1 I APPENDIX A--Terms and Conditions of Sale 3 APPENDIX B-- Full Service Warranty 8 APPENDIX C--Technical Proposal 14 I Introduction 14 Vehicle Cab 14 Visual System 15 I Image Generators (IG) 15 Monitors 16 Audio and Vibration System 16 I Operator's Console 17 Graphical User Interface (GUI) 18 Training Interdiction Device (Rabbit Station) 19 IBasic RS1 Features 19 Computer and Control Systems 19 Vehicle Dynamics Model 20 I Road Surface Model 20 Simulation Visual Database and Models 21 Scenario Process 21 IOptional Package Descriptions 22 EVP II Scenario Package 22 PIT Maneuver Software 22 I Four-Day Product Training Seminar at Client's location for up to 4 attendees. 23 Situational Display 23 I Custom Logo Graphics 23 Installation in Client-Supplied Trailer or Recreational Vehicle 23 Technology Changes 24 APPENDIX D—Client Responsibilities 25 I Receiving and Storage of the Simulator System(s) 25 Facility 25 I Access to the Simulator Room 25 Floor Space and Loading 25 Electrical Power 25 HVAC 26 Installation Information ` 26 I I IConfidential -i- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 (11) GE Driver Development Omaha Police Department Price Proposal Transaction: Purchase(see Appendix A) Client: Omaha Police Department Client Location: Client's Training Center Simulation Equipment 1 Quantity Description Units Unit Price Total Price 1 PatrolSim III Driver Training Simulator(s)with Operating Each $98,000 $98,000 Software including: 1 Installation at Client's Site 1 EVP Scenario Package(s)per simulator 1 OpCon Computer and Op Con Software I 1 Op Con for each 1 to 4 simulators Each Op Con Computer Includes: 1--Inkjet Printer I 1--Scenario Editor Software 1--Rabbit Car Station 1 EVP II Scenario Package Pkg $5,000 NC 1 Product Training at GEDD location for up to 4 attendees 1 One-year Full Service Warranty (See Appendix B for Warranty details) ISee Appendix C for the Technical Proposal I Options Quantity Description Units Unit Price Total Price 1 PIT Maneuver Software Pkg $5,000 $5,000 I 1 Four-Day Product Training Seminar at Client's Location Each $7,500 NC for up to 4 attendees. , 1 Situational Display Each $4,000 $4,000 1 Custom Logo Graphics Each $2,500 $2,500 Full Service Warranty Extensions Beyond the 1st Year-Full Service Warrant I Quantity Description Units Unit Price Total Price 1 One(1) Year Extention per simulator Year $5,000 $5,000 2 Two (2) Year Extention per simulator Year $5,000 $10,000 3 Three(3) Year Extention per simulator Year $5,000 $15,000 ISee Appendix B for Full Service Warranty details. Maximum extension is Three(3)years after expiration of the First-Year Full IService Warranty included with the purchase. I I Confidential - 1- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 I Omaha Police Department ) GE Driver Development 1 Delivery: Within 60 days after receipt of order and acceptance by GEDD of Client's ' purchase order (Contingent on factory lead times at the time of the order) Shipping: FOB Salt Lake City, UT, USA wInsurance: Client's Responsibility upon Acceptance Leasing: Lease Options are Available Pricing Valid April 19, 2004 Through: The attached Appendix A (Terms and Conditions of Sale), Appendix B (Full Service Warranty), Appendix C (Technical Proposal) and Appendix D (Client Responsibilities) are incorporated into this proposal. This proposal shall not be binding upon I-Sim LLC, dba GE Driver Development (GEDD) until executed and returned by its Chief Financial Officer or President and CEO. If a copy of the fully executed agreement is not returned within ten days of the date of Omaha Police Department's execution of this Proposal, such Proposal shall be deemed terminated. Acceptance of the above terms represents a contract between the client and GEDD. Any changes to the above referenced terms must be made in writing and accepted by GEDD in writing. Respectfully Submitted, Mike Flavin Regional Sales Manager I-Sim LLC, dba GE Driver Development • 111 ACCEPTED By: Omaha Police Department ACCEPTED By: I-Sim LLC dba GEDD Name: Officer Stefan Davis Name: Title: Title: Organization: Organization: ti Date: Date: Tax ID #: I Confidential -2- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 GE Driver Development Omaha Police Department • "kj APPENDIX A--Terms and Conditions of Sale This proposal is subject to the following terms and conditions: 1) Contract Formation - If this instrument is a quotation, whether or not responsive to a request from Omaha Police Department, (hereinafter"Client"), it constitutes the offer of I-Sim LLC, dba GE Driver Development, (hereinafter "GEDD") to the Client, and becomes a binding contract under the terms and conditions set forth herein when the Client accepts it. However, any such acceptance shall be valid only if made within thirty days of the date of this instrument or such other time period specified herein. If this instrument is an acknowledgment, it constitutes GEDD's acceptance of the Client's order, subject, however, to the terms and conditions set forth herein. Upon the creation of a contract, this instrument will recite the entire agreement between the parties with respect to the goods, equipment or services being purchased, and shall supersede any other agreement, writing or understanding whether made before or after the date of this instrument. Thus, GEDD's contractual obligations are expressly limited to the terms contained herein. The inclusion of any different or additional terms in any other instrument is objected to, and performance by GEDD shall occur with the express understanding that only the terms and conditions recited herein shall control. 2) Terms of Payment a. All payments are to be paid to GEDD. b. Payment terms are 50% due upon receipt of purchase order with the balance due at time of delivery of simulator. c. All payments are to be made in U.S. funds, and without expense to GEDD. Id. Payment shall be cash with the Order or sight draft attached to a bill of lading (or other shipping documents) at the option of GEDD. _- j e. When credit is extended by GEDD, invoices shall be due and payable Iwithin thirty days from invoice date. Any amount unpaid thirty days after shipment is subject to a monthly service charge, on the unpaid balance. However, notwithstanding the foregoing, GEDD retains the option to refuse or to revoke credit, and to require immediate payment of all outstanding balances and payment on delivery for all future deliveries. f. Client agrees to pay any expenses incurred in collecting any unpaid balance of the purchase price, or in recovering possession of goods including reasonable attomey's fees. - g. If GEDD extends credit to the Client, then for the purpose of securing payment and performance of all Client's obligations hereunder, Client hereby grants GEDD a security interest in all of the goods being sold pursuant to this agreement, and authorizes GEDD to file such financing statements and other instruments, in form satisfactory to GEDD, which GEDD deems necessary or desirable to perfect its security interest in such goods. Confidential -3- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 (k) GE Driver Development Omaha Police Department 3) Packing and Shipment shall be in accordance with good commercial practice. 4) Delivery and Title a. Title must pass at the time of shipment from GEDD, which is also the time the Client becomes obligated for their payment liability to GEDD. b. Under no circumstances shall GEDD have any liability whatsoever for delays, loss of use, or for any indirect or consequential damages arising from any delay or loss of use. c. GEDD shall not be responsible for the failure to perform any obligation arising hereunder due to events beyond its control. These events shall include, but are not limited to, fire, storm, flood, earthquake, explosion, accidents, acts of public enemy, sabotage, strikes, labor disputes, labor shortages, work stoppages, transportation embargoes or delays, failure or shortage of materials or machinery used by GEDD in the manufacture of the goods supplied hereunder, acts of God, failure of suppliers or subcontractors, to satisfactorily meet scheduled deliveries, Iand acts or regulations or priorities of the Federal, State,..or local government or branches or agents thereof, government contracts or shipments to purchasers to fulfill government contracts. d. No claim for shortage in packaging shall be allowed unless reported to GEDD, in writing, within ten days after receipt of goods. 5) Patents, Copyrights, Trade Secrets and Other Intellectual Property a. The Client shall not receive, as a result of the sale of goods hereunder, any right or license of any kind under any patent or copyright or with respect to any trade secret or other intellectual property owned or controlled by GEDD, or under which GEDD may be licensed, except that the Client may use the technology or software and visual databases for their own internal use only. Software and visual . - databases are restricted to use only on GEDD delivered systems, and may not be distributed to or utilized on other systems at Client's facility, or to other parties except as facilitated and approved by GEDD in writing. b. GEDD agrees to defend any suit, foreign or domestic that any party may institute against the Client for alleged infringement of a patent or patents relating to specific devices or apparatus of GEDD's own design and furnished to the Client under this contract. However, this paragraph shall apply only to such infringements as shall arise only from the use of such specific devices or apparatus themselves and not as a part of any combination of any other devices, apparatus, and/or parts. Furthermore, GEDD's obligations under this paragraph shall only arise only if the Client (a) shall have made all payments then due under this contract; b) shall give GEDD immediate notice in writing of the alleged infringement and of the institution of any suit; (c) shall permit GEDD to defend such suit; and (d) shall furnish to GEDD all information, assistance, and 1 Confidential -4- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 • 4) GE Driver Development Omaha Police Department authority which, in the opinion of GEDD's attorneys, is necessary to defend such suit. GEDD shall have no liability under this paragraph for any compromise reached without GEDD's written consent. Unless arising as a direct consequence of litigation, which GEDD has itself defended under the terms of this paragraph, GEDD shall have no liability for any patent infringement. GEDD shall also not be required to defend any suits or pay any damages, which may arise, directly or indirectly, by reason of the use of any part, device, apparatus, and/or design not furnished by GEDD. 6) Indemnity — If any goods are made in compliance with Client's plans, designs, specifications or instructions, Client shall indemnify and hold harmless, and defend GEDD from and against any damage, loss, expense, liability, claims, suits, judgments, decrees and costs caused by or relating to the plans, designs, specifications or instructions for such goods, including any patent infringement or alleged infringement. 7) Information, Data and Design -Any proposals, prints, brochures, drawings, designs, data or other information furnished to the Client by GEDD before, after, or contemporaneously with the execution of this contract shall remain the property of GEDD, shall be used by the Client solely for its own internal purposes and not to the detriment of GEDD's competitive position, and shall be kept confidential by Client using the same standard of care that it uses with respect to its own proprietary information, but in no event less than a . reasonable standard of care. When given, all such proposals, performance and production projections, prints, brochures, drawings, designs, data and other information are based on GEDD's knowledge and understanding, but are, in all events, estimates only and are not guaranteed or warranted in any f respect. The providing of any design information by GEDD shall not constitute I - an assumption of design responsibility unless otherwise expressly assumed by GEDD. GEDD's technology, software and visual databases contain production and/design concepts and technologies proprietary to GEDD and its suppliers. Client agrees to not reverse-engineer for others or its own use or disclose to other parties any concepts and techniques revealed to it through the use or evaluation of GEDD's systems. 8) Cancellation of Contract- Under no condition may the Client cancel his obligations under this contract. Any attempt to do so will entitle GEDD, in its sole discretion, to either (a) recover all direct, indirect, and consequential damages arising by reason of such attempted cancellation, or b) retain as 111 liquidated damages any Client deposit made under this contract. 9) Applicable Law— In the event of a dispute regarding any of the terms or conditions contained herein, the parties agree that the laws of the State of Utah will control. Confidential -5- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 1 Omaha Police Department GE Driver Development 10)Assignments—The Client's rights may not be assigned or otherwise transferred to any other person, whether by operation of law or otherwise, ' without GEDD's prior written approval. 11)Waivers—Waiver by GEDD of any breach of any of these provisions, or its ' failure to exercise any right shall not be construed as a waiver of any other breach, or a waiver to exercise any other right. ' 12)Indemnification — Client will indemnify GEDD and hold GEDD harmless from any an all claims made by Client's employees or agent for injuries or damages including death, arising from or related to tasks performed under this quotation or contract. 13)Default— If the Client fails to pay any invoice when due, or fails to accept shipments as scheduled, or any representation or warranty made by Client in connection herewith shall be false or misleading in any material respect, GEDD may, at its option and without prejudice to other remedies, either defer further shipments until the default is corrected or cancel GEDD's remaining obligations under the contract. 14)Client represents and warrants that: (1) Client is not and shall not be, and no person who owns a controlling interest in or otherwise controls Client is or shall be, (i) listed on the Specially . Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control ("OFAC"), Department of the Treasury, and/or on any other similar list maintained by OFAC pursuant to any authorizing statute, Executive Order or regulation (collectively, "OFAC Laws and Regulations"), (ii) a "Designated National" as defined in the Cuban Assets Control Regulations, 31 C.F.R. Part 515, (iii) a person designated under Section 1(b), (c) or (d) of Executive Order No. 13224 (September 23, 2001), any related enabling legislation or any other similar Executive Orders (collectively, the "Executive Orders"), provided however, that none of the foregoing shall apply to any person or entity to the extent that his or its interest is in or through a U.S. Publicly-Traded Entity; and Client is in compliance with all OFAC Laws and Regulations, Executive Orders and related government guidance; (2) neither Client nor any holder of a direct or indirect interest in Client (i) is under investigation by any governmental authority for, or has been charged with, or convicted of, money laundering (18 U.S.C. Sections 1956 and 1957), or drug trafficking, terrorist-related activities or other money laundering predicate crimes or a violation of the Bank Secrecy Act laws (31 U.S.C. Sections 5311, et. seq.), (ii) has been assessed civil penalties under these or related laws (collectively, "Anti-Money Laundering Laws"), or (iii) has had any of its funds seized or forfeited in an action under Anti-Money Laundering Laws; Confidential -6- February 19,2004 Mike Flavin, Regional Sales Manager 111 Phone:801-303-5666 I • Omaha Police Department �y GE Driver Development (3) Client will make or cause to be made, all payments to GEDD by check or wire transfer drawn on an account at a U.S. bank in the name of Client or of a third party approved in writing in advance by GEDD; (4) Client's tax identification number and organization number, if applicable, are as set forth under its signature block on the signature page, all evidence of identity provided by Client to GEDD is genuine, and all related information is accurate; and (5) the person who executed the offer, which this instrument accepts, or who will execute the Client's acceptance of the offer contained in this instrument, has duly executed the relevant documents on behalf of the Client, and is duly authorized to so act. 15) Client consents to the disclosure to U.S. regulators and law enforcement authorities by GEDD or any of its affiliates or agents of such information about Client that GEDD reasonably deems necessary or appropriate to comply with applicable U.S. Anti-Money Laundering Laws and anti-terrorists laws and regulations and OFAC Law and Regulations. 16)Compliance with U.S. Export Regulations -The Client is hereby placed on notice that the technical data or hardware furnished with this quotation or order acknowledgment may relate to articles controlled by the US Government for export and may, therefore, be subject to export licensing requirements and • limitations on disclosure or shipment to foreign nationals under U.S. Law. Federal, criminal and civil penalties may result from any violation of these export provisions. CLIENT INDEMNIFIES GEDD FROM ANY BREACH OF SUCH REQUIREMENTS AND LAWS FOLLOWING CLIENTS RECEIPT OF EXPORT CONTROLLED DATA OR HARDWARE. I _ • Confidential - 7- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 I . Omaha Police Department ( y GE Driver Development I APPENDIX B-- Full Service Warranty I FULL SERVICE WARRANTY AGREEMENT II-Sim LLC, dba GE Driver Development(GEDD)and the Customer identified below enter into this Support Agreement(the"Contract')for the support of the GE Driver Development products identified below(referred to collectively as "Product"herein)beginning on the Coverage Start Date set fortis Ibelow. Subject to the terms and conditions of this Agreement, GE Driver Development agrees to Iprovide the following support services with respect to the Product: - Repair/replacement of damaged or defective parts& components. I - Pay costs for shipping and returning parts and components to Customer. - On-Site field service support for labor and repairs when necessary. - Toll Free Phone support 8 am— 5pm MST, Monday through Friday ("Normal IBusiness Hours"). 1-800-595-5740 - Remote diagnostics via modem. - The customer's technicians can come to GE Driver Development to receive Factory Technician Training (Included in Warranty price). Scheduled once per month. - Software and Hardware updates are included but not upgrades. This Contract is by and between GE Driver Development, having a place of business at 2961 I West California Ave, Salt Lake City, Utah 84104 (Phone No. (800) 595-5740; Fax No.: (801) 994- 0294), and the following"Customer" (also referred to herein as "you"): I Customer Name: Omaha Police Department Address: 505 South 15th Street Omaha, NE 68102-2769 Phone: 402-444-5855 Product: PatrolSimn" III Driver Training Simulator I Coverage First Year- Included Second Year Third Year Fourth Year Dates: I Start Date: July 18, 2004 July 18, 2005 July 18, 2006 , July 18, 2007 4 End Date: July 17, 2005 July 17, 2006 July 17, 2007 July 17, 2008 I In consideration of the mutual promises set out in this Contract, the parties hereby agree as follows: 1. Coverage Period-Your coverage begins and ends on the dates set forth above, which is based Ion an estimated install date of July 18, 2004. a. On-site Service - At your request, service will be provided during Normal Business Hours at your address set forth above, unless GE Driver Development determines that IConfidential -8- February 19, 2004 Mike Flavin,Regional Sales Manager IPhone:801-303-5666 I • Omaha Police Department Te) GE Driver Development the necessar y service or repairs can be effectuated without the need for an on-site visit (e.g., by telephone, via modem, by shipping parts, etc.). GE Driver Development shall bear all travel-related costs (e.g., airline tickets, rental car, gas, lodging and meals) it incurs with respect to the Contract. Periodically, your Product may need to be removed and repaired at an GE Driver Development authorized repair center, in which case you are responsible for delivering your product to and from the GE Driver Development authorized repair center. b. Carry-in Service- If"carry-in" service is required or requested by you, you are responsible for delivering your product to and from the authorized repair center. 2. Requesting Service and Service Hours - To schedule service, call the telephone number displayed on the face of this Contract during Normal Business Hours. Service will be available during Normal Business Hours. If you request service outside of Normal Business Hours, you will be responsible for GE Driver Development's standard charges for such service. If you request emergency on-site service(defined as service to be provided on-site within 1 week of your request),then you agree to pay any incremental travel-related costs and other costs or expenses incurred by GE Driver Development solely on account of providing such emergency service. 3. Updates and Upgrades-Updates will be defined for software as going from 3.23 to 3.3 or from 4.0 to 4.1. An upgrade will be defined as going from 4.1 to 5.0 where the first digit changes. Usually there are hardware changes required for upgrades as well as software. Updates for hardware will be defined by GE Driver Development and updated as required. Upgrades will be available for purchase and installation upon request and availability. 4. Trouble Shooting and repair- When the customer calls GE Driver Development regarding a technical problem with their simulator,the customer will be assigned a customer service technician to trouble shoot the problem. Once the simulator has been diagnosed over the phone and the failure mode determined, GE Driver Development will cross ship the part or parts that have been diagnosed as failed. When the customer receives the parts,the GE • technician will help the customer repair the simulator. This process enables the simulator to be repaired as fast as possible. After the simulator has been repaired, the Customer will return the - defective parts and any other unused parts within three business days back to GE using the GE return materials process. If the parts are not returned within 5 business days after the problem has been resolved the customer will be billed for the cost of the parts. 5. On-Site Field Service Engineer-If the simulator is not repairable by the customer with the GE telephone technician then GE will schedule a Field Service Engineer visit to repair and service the simulator. 6. Moving Your Covered Product to a New Location in the USA- You can change your service address at any time by notifying GE Driver Development in writing at the address set forth above. 7. Service Contract Cancellation a. Cancellation by Customer-You may cancel this Contract at anytime and for any reason by delivering written notice of cancellation to GE Driver Development at the Confidential -9- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 r 4) GE Driver Development Omaha Police Department address below along with your original Contract. You will receive a refund based on the following calculation: (1) if your Contract and cancellation notice are received prior to the Coverage Start Date, you will be refunded the full Contract price, (2) if your Contract and cancellation notice are received after the Coverage Start Date but prior to any repairs or services having been rendered by GE Driver Development pursuant to this Contract, you will be refunded the full Contract price, less an administrative fee of 25% (the"Administrative Fee"); and (3) if your Contract and cancellation notice are received after the Coverage Start Date and after GE Driver Development has made any repairs or rendered any service to you pursuant to this Contract,then you will be refunded a pro-rated amount of the Contract price, less (i) the Administrative Fee and (ii)the greater of$2500.00 or the costs incurred by GE Driver Development in making such repairs and/or rendering such service. b. Cancellation by GE Driver Development- GE Driver Development may cancel this Contract if any of your obligations, agreements or promises contained in this Agreement are breached, in which case you will be refunded a pro-rata amount of the Contract price, less (i) the Administrative Fee and (ii)the costs incurred by GE Driver Development in making any repairs and/or rendering any service pursuant to this Agreement, and (iii) any other costs or expenses incurred by GE Driver Development on account of such breach. 8. Service Contract Limitations a. Renewals - GE Driver Development is not obligated to renew your Contract. b. Non-Original Manufacturer and Re-Manufactured Parts- Genuine factory parts will be used whenever possible, however only GE Driver Development authorized use of non-original manufacturer and re-manufactured parts is allowed under this Contract. c. Limitation of Liability -To the extent permitted by applicable law, the liability of GE Driver Development, if any, for any allegedly defective covered Product or part shall be limited to repair or replacement of the Product or part at GE Driver Development's option. However, if GE Driver Development, in its sole discretion, determines that a Product which it is otherwise required to repair or replace pursuant to this Contract is not repairable or replaceable(which includes when the Product or parts are no longer available), then GE Driver Development shall either provide you with a similar product(on terms and conditions acceptable to you and GE Driver Development)to replace the defective Product, or give you the right to cancel this Contract and receive, as your sole and exclusive remedy, a pro-rata refund of the purchase price of this Contract(with no deduction for any Administrative Fee or for repairs already rendered by GE Driver Development). In any event, to the extent permitted by applicable law, the maximum liability of GE Driver Development if any, for damages relating to or resulting from any defective covered Product or part or GE Driver Development's failure to perform its obligations under this Agreement with respect to such Product or part shall be an amount equal to your purchase price for such Product or part. IN NO EVENT SHALL GE DRIVER DEVELOPMENT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE RESULTING FROM ANY DEFECT OR MALFUNCTION OF THE PRODUCT OR LOSS OF USE THEREOF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GE DRIVER DEVELOPMENT BE LIABLE FOR SPECIAL, INDIRECT, Confidential - 10- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 t GE Driver Development ' Omaha Police Department INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCT OR THIS CONTRACT OR ' ANY ACTION TAKEN IN CONNECTION THEREWITH. AS OF THE COVERAGE START DATE, THE WARRANTIES AND REMEDIES PROVIDED TO YOU IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND ' REMEDIES WITH RESPECT TO THE COVERED PRODUCT (S). ALL OTHER WARRANTIES AND REMEDIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, (S)INCLUDING BUT NOT LIMITED TO ANY ' WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMANCE TO YOUR SPECIFICATIONS ARE HEREBY EXCLUDED AND DISCLAIMED. 9. What is NOT Covered? Your Contract does not cover: a. Repair or replacement of Product(s) or parts upon your noncompliance with any part of Section 7. b. Coverage, components, products or items not specifically listed herein, or Products whose serial numbers have been removed or altered. c. Any loss, damage or failure of any components or peripherals not installed by GE Driver Development, an authorized representative of GE Driver Development or under the direction of GE Driver Development. d. Any loss, damage or failure resulting from improper use, storage or operation. e. Consumer replaceable items, including but not limited to batteries, tapes, ribbons, bulbs, air filters, fuses, belts. f. Loss, damage or failure resulting from unauthorized repairs or modifications performed by you or third parties. g. Any loss, damage or failure of the cabinet, housing, case or frame of the Product or any non-operating part, such as any plastic or decorative parts masks, or glass. h. Any loss, damage or failure caused by conditions beyond GE Driver Development's control, such as normal wear and tear, inadequate plumbing, wiring or electrical/power supply, power surge, rust, corrosion, infestation, negligence, abuse, misuse, theft, vandalism, acts of God, environmental conditions (e.g., fire, floods, sand, dirt, 111 windstorm, hail, earthquake, or exposure to weather conditions), failure to follow GE Driver Development recommended maintenance, leaking batteries, excessive humidity or dampness. i. Any loss, damage or failure caused by defects or conditions that existed prior to the Coverage Start Date. j. Any loss, damage or failure of any software (other than software manufactured by GE Driver Development) and any loss, damage or failure of any recording media, including any program, data, or setup resident on any mass storage devices(such as hard drives, CD-ROM devices, floppy diskettes, tape drives or backups), whether or 111 not resulting from any defect or malfunctioning of the Product. k. Service outside the United States. 111 10. Your Promises and Assurances - In order to keep this Contract in force during its term, you promise and assure: (1) full cooperation with GE Driver Development, GE Driver Development technicians and authorized servicers during diagnosis and repair of the Product, Confidential - 11- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 J GE Driver Development Omaha Police Department (2) accessibility of the Product; (3) a non-threatening and safe environment for on-site service, (4)the presence of a responsible person at the time of scheduled service, (5)that you will provide written notice of any defect or deficiency in service within 90 days of discovery by you, (6)that you will send a written report of any problem or defect associated with the Product promptly upon your discovery of such defect or problem, (7)that you shall return, at your expense, failed part(s) within ten(10) days of their exchange, and(8)that you shall maintain in good operating condition (at your site)the telecommunication lines/equipment required by GE Driver Development for compatibility with the telecommunication equipment and software at GE Driver Development's facility for support under this Agreement. 11. Governing Law; Attorneys' Fees. This Contract shall be governed by and construed by the laws of the state of Utah. This Contract is articulated in and governed by the English language. In the event that it becomes necessary for litigation or arbitration proceedings to be initiated to enforce the terms or conditions in this Contract,the party not prevailing shall be responsible for the prevailing party's reasonable attorneys' fees and other costs incurred. 12. General. (1)Entire Agreement. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND GE DRIVER DEVELOPMENT WITH RESPECT TO THE SUBJECT MATTER OF THIS CONTRACT AND NO VARIATION OR MODIFICATION OF THIS AGREEMENT OR ANY WAIVER OF ANY OF ITS PROVISIONS OR CONDITIONS SHALL BE VALID UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BOTH PARTIES. In the event there is any variance between the terms of any order submitted by the Customer and the terms and conditions of this Contract, the terms and conditions of this Contract shall prevail. (2)Notices. Any notices or consents permitted or required pursuant to this Contract will be in writing and shall be delivered (i) in person, or(ii) by first class, registered mail, or(iii) by commercial courier, or(iv)by facsimile transmission to the other party at the address set forth on page 1 of this Contract or such substitute address as a party may specify for itself by written notice. The notice will be deemed to have been given when received. All notices and communications between the parties concerning anything relating to this Contract or its subject matter shall be in the English language. (3)Headings. Section and paragraph headings used herein are for convenience only and shall not be used to affect, broaden or limit this agreement. (4)Unenforceable Provisions. If any term or provision of this Contract shall be found to be illegal or unenforceable, then notwithstanding, this Contract shall remain in full force and effect, and such term or provision will be stricken, provided that in such event the parties agree to negotiate in good faith substitute enforceable provisions which most nearly effect the parties' intent in entering into this Contract. (5) Relationship. Neither Party is the partner,joint venture,agent or representative of the other Party. The Customer is an independent contractor. There is no employment relationship between the Parties. Neither party has the authority to make representations or warranties or incur any obligations or liabilities on behalf of the other party. Neither party shall make any representation to a third party inconsistent with this paragraph 9.5. (6) Construction. This Contract represents the wording selected to define this Contract and no rule of strict construction shall apply against either party. Whenever the context reasonably permits, the singular shall include the plural, the plural shall include the singular,and the whole shall include any part thereof. Confidential - 12- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 (k) GE Driver Development Omaha Police Department (7) Assignment. This Contract and the rights under this Contract are not assignable by you except to a successor who acquires substantially all of your business assets and who delivers to GE Driver Development (i) One Hundred Dollars ($100.00) as a processing and administrative fee, and (ii)written assurance that it (i.e. the successor)will comply with all of your obligations under this Contract. This Contract is not assignable by GE Driver Development except to a person or entity who acquire substantially all of the business assets of GE Driver Development relating to the Product. (8) Successors. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and permitted assigns. (9) Confidentiality of Contract. Except in connection with an assignment permitted pursuant to Section 7 above, you shall not disclose any terms or conditions of this Contract relating to prices or fees to any third party or transfer a copy of this Contract to any third party. (10) Force Majeure. GE Driver Development shall not be responsible for a default,delay or failure to perform hereunder if such default, delay or failure to perform is due to causes beyond GE Driver Development's control, including, but not limited to, labor disputes, civil disturbances, actions or inactions of governmental authorities, epidemics, war, embargoes, fire, acts of God, or default of common carrier or supplier. 13. Full Service Warranty Renewal. The full service warranty may be renewed for up to three(3)additional years for the price shown in the Price Proposal. This full support warranty purchase is available for purchase 30 days after installation,but must be purchased by the one-year anniversary after the initial delivery of the system. 1 Confidential - 13- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 I (1) GE Driver Development IOmaha Police Department '- APPENDIX C--Technical Proposal Introduction IThe PatrolSimTM is capable of providing high fidelity replication of real world driving environments and vehicle behaviors to train and improve driver behavior over,a wide range Iof vehicle maneuvers. The major components of the simulator(s) include: • Vehicle Cab and Driver Station I • Host Computer, Real-time Operating System and Operators Console • City/Suburban, freeway, rural and skill test range (hard track) databases. • WindowsTM based scenario creation/editing software that allows Client to develop Iand use their own scenarios as required. • Control force loading (CFL) subsystem (steering wheel, brake, accelerator) • Image generator and display system I • Audio and vibration subsystem Vehicle Cab GE Driver Development's PatrolSimT"" provides an open seat driver's station. The driver's I station functions as a real cab. The PatrolSim TM will give the driver natural road feel through the steering loader motor and higher frequency content from chassis and seat vibration. Accurate vehicle dynamics and tire/road response behavior will maximize trainee . Iinteraction. Table 1. Features of the PatrolSim Cab IFeature f Description r 1. Make and Model ' Police cruiser configuration (i.e., Ford Crown IVictoria with law enforcement console) 2. Instruments Full, including speedometer, fuel, temp, oil gauges I3. Transmission Automatic 4. Turn Signals Column Stalk I 5. Head Lights Hi/lo beam, stalk controlled 6. Siren Code 3 mounted on radio console (wail, yelp, hi/lo) I 7. Horn Computer synthesized 8. Emergency Lights Fully functional wig wag 9. Steering Wheel Tilt 1 10. Steering Wheel Feel Motor controlled feedback to driver lag less . than 70 msec (programmable feedback) 11. Brake Pedal Adjustable feel to act like a real brake with IConfidential - 14- February 19, 2004 Mike Flavin, Regional Sales Manager 1 I Phone:801-303-5666 Omaha Police Department i GE Driver Development simulated ABS 12. Accelerator Adjustable feel to act like a real accelerator 13. Adjustable Seat Front-back, lumbar to accommodate wide variety of drivers 14. Seat Belts Lap and shoulder integrated in seat (electronic recognition of seat belt use at OpCon) 15. In-Cab 2-way Radio Direct communication between any individual or all driving stations with instructor OpCon 16. Radio Console Houses radio, siren control, and light bar controls 17. MDT bracket For Client supplied MDT or laptop computer; (option) power and network connections provided on radio console Visual System The visual system is comprised of the image generator (IG), and monitors. The visual system description is as follows: Table 2. Visual System Description Feature Description 1. Number of Channels 3 channel (16 x 9 aspect ratio monitors)' • 2. Eye Distance to 32 to 40 inches (adjustable depending on Screen seat position)2 3. Horizontal Field of 180° at 34" eyepoint, slew able to 27003 View (FOV) 4. Vertical FOV 37° (adjustable) 5. Scene Edge 3 side by side monitors Matching I 6. Rear View Mirrors Driver's side, center and right side insets Image Generators (IG) 1 The use of 16:9 aspect ratio monitors ensures its future compatibility with advances in commercial/consumer electronics that are driven by the new High Definition Television (HDTV) technology. This also allows the use of 3 monitors versus five monitors to present an adequate field of view. GE Driver Development has been the leader in adopting this approach to display systems. Indications are that several competitors are following suit. 2 The monitors are at a constant radius from the driver's eye-point, thereby mitigating eye fatigue issues associated with systems where the focal distance is variable. 3 Variable fields of view can be adjusted electronically to provide variable fields of view(150 —200 degrees.) from the operator's console. Confidential - 15- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 I . Omaha Police Department GE Driver Development IThe IG is the computer that creates the real-time interactive image the driver sees out of the window. GE Driver Development reserves the right to substitute the IG described herein with Ione of equal or better performance at no additional cost to the Client. Table 3. Image Generator Capabilities IFeature Description 1. Image Generator PC based (Open GL format)4 2. Update Rate 70 Hertz 3. Refresh Rate 70 Hertz (flicker free) I4. Resolution @ 70 Hz 1024 x 768 XGA 5. Polygons @ 70 Hz >6000 for the system 6. Photo Texture Yes 7. Time of Day Day, dusk, night 8. Illumination Headlights, taillights, directional and wig I wag lights, EVO, Left and Right Alley lights and Overhead Takedown lights 9. Weather Effects Fog, haze, rain, snow, ice I 10. Transparency Yes 11. Color 32 bit 12. Other Moving Over 60 with rotating wheels, a total of I Vehicles/Objects 127 objects available in addition to"own vehicle" per driving stations IDue to the extreme rate of price/performance improvement in the PC market, GE Driver Development reserves the right to substitute equal or better components with no change in the proposed price. I Monitors ; The PatrolSimTM is designed around off-the-shelf commercial gas-plasma monitors. These monitors provide a bright, sharp image at an economic price. The monitor configuration j consists of three each, 43" diagonal wide-aspect ratio (16 x 9) monitors with an XGA- I compatible resolution @ 70 Hz. Audio and Vibration System I I a Unlike our major competitors, GE Driver Development has designed their visual subsystem in-house. The current architecture is structured to take advantage of the latest technological developments in either Open GL or Active X. In-house development allows us to respond I quickly to our Clients' needs and to optimize our solutions for driving simulation and training. 5 Advances in computer/graphics technology make this number a 'moving target.' Our modular design allows us to keep current with technological advances and improve on this I current level of performance. Confidential - 16- February 19, 2004 Mike Flavin, Regional Sales Manager IPhone:801-303-5666 Omaha Police Department ( ) GE Driver Development Sounds are computer generated from recordings of actual in-cab sounds.s. These audio signals are played back to the driver in real-time at the actual sound levels experienced in the real vehicle. Internal vehicle audio source emulation includes: • Engine audio source synthesis • Tires and chassis digital audio replay External audio source emulation includes: • Wind vs. speed (and vehicle aerodynamic model) • Miscellaneous environmental sounds (sirens, traffic etc.) • 3-Dimensional sound directionality (i.e., passing automobiles, trucks...) I Vibration includes: • Tactile transducer under seat to partially simulate road vibration • Steering wheel feel providing natural tactile stimuli (bandwidth > 20 Hz, amplitude correlation with tire/roadway interaction and engine operation, and fully synchronous and complementary with audio signals) Radio communication system: • Radio system provides a multi-channel, two-way, simulated radio communication system • Radio system provides dispatch and car to car capabilities • Radio system can be configured to be communicated between one to four simulator pods • Standard TCP/IP connection to transmit a voice signal • Transmission quality is approximately 8 — 11 kHz, which is equivalent to most radio and cell phones • Radio system has the capability of broadcasting background radio chatter to all simulator pods The audio software includes the following: • Engine sound is specific to each scenario vehicle • Horn sound is specific to 12 scenario vehicle classes • Siren sound is specific to 3 scenario vehicle classes • Other sounds can be associated with the position of any scenario vehicle • Own cab engine sound is specific to the VDD model • "Static" sounds with fixed spatial position are available • "Dynamic" sounds that can be associated with any scenario object are available • Software design improvements for greater reliability and maintainability Operator's Console GE Driver Development provides a user friendly WindowsT"'-Based Operator/Instructor's Station (OpCon). The instructor's computer skill level need only be sufficient to operate a Confidential - 17- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 (k GE Driver Development ' Omaha Police Department y P word processor or spreadsheet program. A Windows format on the instructor's computer screen provides an easy, non-intimidating instructional flow to start the simulator, choose scenarios, change scenario conditions, and interact with the driver. The operator's station (OpCon) includes one monitor to control the simulator. The operator can control and manipulate individual vehicles in the driving scenario while the scenario is running. From the OpCon, for example, a car can be made to stop or pull out in front of the driver when the instructor commands it to happen. Scenarios can be pre- programmed or created °on the fly" in real-time. The operations console allows the operator to select the vehicle type and dynamics to be driven by the student. For example, a Crown Victoria cruiser can be selected to be driven by one student and the following student can drive a four-wheel drive Bronco or 5-liter Mustang. Each simulated vehicle will feel and perform like the real vehicle. Programmable collision detection is another feature that can be initiated by the operator. The trainee's driving can be recorded and his proximity to other vehicles or objects can be observed and played back. When a trainee hits an object the scenario can continue or stop depending on how the instructor sets up the scenario. Graphical User Interface(GUO GE Driver Development's PatrolSim simulator provides an operator/instructor console (OpCon) that allows a single person to perform both driver training instruction and simulator system control tasks at the same time. The OpCon lets one person control the simulator by combining all of the required information displays and control buttons into one graphical user interface (GUI). The GUI computer screen in the PatrolSim TM OpCon includes multiple display areas and icon control button's. A single GUI screen provides all the functions required for one instructor to control all the training and simulator control functions. The operator uses an ordinary mouse and keyboard to select and activate the GUI functions. The OpCon houses the radio communication center (VON) that can simulate a dispatch call center through the Dispatch Control Panel. The Dispatch application display located on the OpCon monitor allows the operator to update radio communications and interact with one or multiple simulator pods depending on the training mission. lBasic OpCon Features The scenario vehicle behaviors that are changeable include: • Vehicle speed • Vehicle lane position • Vehicle parking position • Vehicle forward/reverse direction • Vehicle siren response type • Vehicle obedience to rules of road (stop or yield, etc) Confidential - 18- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 • Omaha Police Department ( i GE Driver Development • Vehicle drunkenness (DUI characteristics, 5 levels of BAC up to BAC.10), and • Vehicle aggressiveness Training interdiction Device(Rabbit Station) RS1 Rabbit-Station feature is an interactive driver station positioned at the OpCon console of a PatrolSim TM. The RS1 station provides the trainer with the ability to operate as an "own cab" from the OpCon station. The driver/trainer of the "RS1 own-cab" in a scenario will be able to see and interact with the trainee driving a scenario-controlled-vehicle. The RS1 Rabbit-Station adds a level of real- time interactive capability to the OpCon for a driver/trainer to interdict with a student trainee during a training exercise. Basic RS1 Features The RS1 vehicle behaviors that are easily programmable include: • Vehicle speed • Vehicle lane position • • Vehicle parking position • Vehicle forward direction • Vehicle can disobey the rules of road • Vehicle aggressiveness Top-level radar display of"RS1 own cab" is used for navigational and interaction purposes. Computer and Control Systems The host computer system provided by GE Driver Development is a high performance off- the-shelf PC6. It incorporates theflatest PC technology and will be compatible with future hardware advances designed to;include existing software. The choice of the PC platform assures the Client ease of maintenance and minimum cost for repairs and parts. A fail-safe control circuit network for safety monitoring and control are provided. • Use of a multi-tasking PC-based processor network • Incorporates high-volume commercial hardware common to: o Main host computer chassis o Scenario controls processor, o Operator console o Audio control processor. GE Driver Development's PCs use a common operating system (Windows 2000) and basic software. The main host PC uses a dedicated computer engine for vehicle dynamics. All of 6 GE Driver Development chooses motherboards that will enable new generations of processors. when available. to be inserted in order to prevent system obsolescence Confidential - 19- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 (k) GE Driver Development Omaha Police Department .. the PCs use Windows TM'-based diagnostics and functions. Common communications hardware is used between PC subsystems. Vehicle Dynamics Model GE Driver Development's vehicle dynamics models have the sophistication to represent real vehicle behavior. Each tire/wheel/suspension point, steering wheel, engine/drive train, and chassis is modeled. GE Driver Development provides vehicle dynamics models that are modular representations of the actual vehicle's subsystems. These modules are easily selected or changed by the operator to represent a different set of vehicle behavior properties. For example, the instructor can adjust the weight or center of gravity of a car by selecting a menu and clicking on the mouse. Other modifications to the simulator car can include stiff or loose springs or shocks, flat tires, engine changes, and ABS systems. GE Driver Development offers vehicle dynamics models with over 21 degrees of freedom (DOF) for the vehicle being driven. Road Surface Model GE Driver Development's road surface models are 3-Dimensional and include crowns, curbs, gutters, soft edges, variations in surface texture and content (asphalt, cement, gravel, sand, dirt, ice, snow, pot holes, and assorted hazards). In addition to 3-D road surface models, GE Driver Development samples the critical interface between tire and road at 960 Hz8. This is essential to capture accurate vehicle position, road feel and vehicle control. GE Driver Development's proprietary 3-Dimensional Road Surface Model (superior to competing polygon-based solutions) interacts with the vehicle's dynamics. The road that the simulator drives upon represents the features and character of a real road. GE Driver Development's 3-Dimensional road allows the vehicle's dynamics to interact with a more realistic surface. As no road in the real world is flat, unique GE Driver Development technology accurately simulates real road uneven surfaces for a more realistic experience. The road is a B-spline;high-resolution surface model with curb, gutter, and super elevation for banking aroundcurves. Some road surfaces are designed to the U.S. Standards for Highways or The American Association State Highway Traffic Office. 'Anecdotal comments from the law enforcement community have provided feedback on the realism of our vehicle dynamics as contrasted with competitor systems. The use of a high . number of degrees of freedom provides the ability to 1) use manufacturer/OEM data directly in modeling subsystems, and 2) provides a high degree of flexibility and ease in adding additional vehicle models. 8 At 60 miles per hour a vehicle travels 88 feet per second. At 960 Hz, our distance between tire/road samples is 0.09 feet. Competitive systems sample at 60 Hz or less. At 60 Hz, the distance between tire/road samples is 1.5 feet. Sampling at the lower frequency does not provide high fidelity modeling of vehicle control. Confidential -20- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 (k) GE Driver Development Omaha Police Department Simulation Visual Database and Models The PatrolSimT"" simulator system will include four terrain visual databases: freeway (approx. 14 miles), suburban (approx. 5 miles), rural road (approx. 15 miles) and a skill test range. The freeway database includes approximately fourteen miles of 2 and 3 lane roads with overpasses, on ramps, off ramps, canyons, truck runaway lanes, 6% grades, a rest area, and all of the appropriate signage. The suburban database includes approximately five miles of multiple lane roads with operational traffic lights, stop signs, speed and caution signs, street signs, gas station, large parking lot, police station, neighborhoods, malls, civic centers, crosswalks, residential, commercial properties, and open areas. The rural road database includes narrow 2-lane roads, winding lanes, small roadside villages, farms, hilly roads hiding oncoming traffic, blind intersections, and branching "Y" type roads, with appropriate signage. The skill test range database was developed to introduce and enhance training methods used to teach evasive actions, controlled braking, collision avoidance, and off-road recovery before hard track training. Models (own cab) provided to be driven by trainee: • Police cruiser (Ford Crown Victoria, Ford Taurus, Ford Ranger, Ford Explorer) • Police chase car(Ford Mustang) • Ambulance • Large, single body truck (similar to fire truck and dump truck) • Bus • Others are available viaongoing software updates Models provided to appear in scenario as other vehicles: • Variety of cars • Variety of trucks, small and large • Emergency vehicles, including operational wigwag lights for Code 3 indication • Pedestrians • Road Barriers • Bicycles • Motorcycles • Animals • Traffic Signals • Multiple police vehicle styles for multi jurisdictional teaming Scenario Process Con fidential -21- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 • GE Driver Development Omaha Police Department GE Driver Development's simulators provide extensive flexibility for the training agency to create driving scenarios that effectively present real-world driving conditions. Scenarios and environments are designed to provide sufficient fidelity in replicating real world driving situations. The vehicle behaviors or dynamics add to the realism of training and improve driver behavior over a wide range of vehicle maneuvers. Furthermore, the course goals and objectives can be achieved through the practical experience provided by the scenario. Features in GE Driver Development scenarios include: • The programming capability provides models with embedded sophisticated controls and allows the interaction between vehicles to obey the rules of the road and avoid collisions. At the same time, it gives the scenario control processes and/or the operators the ability to selectively cause the scenario vehicle to misbehave, such as stop-on-command, park right or left, act as if controlled by an aggressive driver, pass, speed, ignore traffic control devices, and/or not avoid a collision. • Realistic driving situations progress from simple to complex to include o Normal routine driving o Freeway, rural, and city driving environments o Various weather conditions such as snow, rain, fog, wind • Own cab vehicle dynamic motion response model is based on high fidelity tire road interaction and tire force model, which has been supplied by automobile and tire manufacturers that are used to make the scenario-vehicle respond like real vehicles. • The road is a fully 3D surface with curb; crown, gutter, and super elevation for banking around curves. The road database is designed to the U.S. Standards for Highways or The American Association State Highway Traffic Office. It has smooth curved surface with discrete discontinuity (such as chuck holes, pavement edge, surface objects, oil slicks, etc) to provide real time training. The tire road interaction allows for an accurate modeling and allows the "enveloping tire reaction model" to define the force over specific objects. Optional Package Descriptions . - EVP ll Scenario Package The EVP II scenario package contains 30 scenarios developed for law enforcement training. They consist of traffic stops, first response, emergency response, and pursuit/felony scenarios. PIT Maneuver Software The Pursuit Intervention Technique (PIT) Maneuver feature allows a driver to strategically place the driven vehicle's front left or right bumper corner in direct contact with the scenario vehicle's right or left rear corner panel. The final tactical maneuver is to gently push the scenario vehicle beyond the point of recovery. This action causes the scenario vehicle to spin through a predetermined turn while decelerating to a stop. Confidential -22- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 • (A) GE Driver Development Omaha Police Department • The PIT maneuver scenarios provide the basic understanding of proper positioning of the police vehicle in order to perform a proper execution of the maneuver. • The PIT scenarios also provide environmental conditions that may occur during a maneuver. • The PIT package comes with four scenarios to achieve a basic training in the physical interventions that are needed to execute the maneuvers. Number Type Description 1 Introductory This scenario was designed to acclimate the driver to the driving environment and to show how to properly position a vehicle to perform an immobilization technique. 1 3 Training Scenarios Three additional scenarios provide the user with basic navigation skills, and the opportunity to practice the maneuvers in several environments. Four-Day Product Training Seminar at Client's location for up to 4 attendees. The Client may select to conduct the Product Training Seminar at their location. The training covers operation and maintenance of the simulators and use of the Scenario Editing Software. Situational Display The situational display is a large-screen television (currently 25" screen) that displays the center channel of each simulator connected to the situational display. Up to four simulators can be displayed on a single situational display. The display is useful for observation and commentary by other students not driving the simulator. Custom Logo Graphics Using logo artwork supplied by the client, one (1) vehicle from the vehicles supplied with the simulators is modified to include the logo, badge, or shield of the Client. This customized vehicle is available on all simulators purchased by the Client. The artwork supplied by the client must meet the GEDD's specifications. Installation in Client-Supplied Trailer or Recreational Vehicle GEDD will install the simulator(s) into a client-supplied trailer or RV at a GEDD's factory in Salt Lake City, Utah. GEDD will provide suggestions for the client to obtain the most suitable trailer or RV. However, the specification, purchase, service and warranty of the trailer or RV are solely between the client and the trailer or RV manufacturer. GEDD only warrants the simulator as outlined in Appendix B—Full Service Warranty. The installation package includgs: • GEDD labor to install simulator into the trailer or RV, Confidential -23- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 ' y GE Driver Development Omaha Police Department • Five (5) Air Springs to cushion each simulator during travel • Five (5) Air Spring Brackets to affix the air springs to each simulator base and trailer floor • Computer cable extensions • Testing the simulator after installation to insure proper operation. The client is responsible for deliveringthe trailer or RV to GEDD's Salt Lake CityFactory prior to installation and transportation from the factory to the client's final destination following installation. Technology Changes The technology used in GEDD's simulators is constantly being updated and improved. GEDD reserves the right to update and upgrade any hardware or software described in this proposal, without notice to the customer, provided it delivers the same or a better level of service to the customer. I I - • Confidential -24- February 19, 2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 • iEy GE Driver Development Omaha Police Department APPENDIX D—Client Responsibilities IOverall, the Client is responsible to provide a suitable space for the simulator(s) and maintain that space and the condition of the simulators for the life of the simulator(s). ! Receiving and Storage of the Simulator System(s) The client must inspect the simulator systems upon receipt and notify GEDD of any damage to the simulator or its container. The client must store the simulator, until it can be installed, in a safe location where it is protected from the weather or any other factor that might damage the simulator. Facility The Client is responsible to provide a suitable facility to house the simulator system(s) with the following requirements: Access to the Simulator Room The Client will move the simulator systems components from the storage site to the simulator room under the guidance of a GEDD Service Technician. The Client will provide access to the simulator room by the appropriate means such as ramps, elevator, forklift, etc. IThe minimum access to the simulator room is shown below: ' PatrolSim LineSimulator Minimum Access 72" wide x 84" high ' Only a qualified GEDD Service Technician is authorized to disassemble the simulator to accommodate limited access to the simulator room. Floor Space and Loading ' The floor space.-and loading required for each simulator type is shown in the table below: • ' Simulator Minimum Floor Space Floor Loading per Simulator per Simulator, lbs (Kg) PatrolSim Line 10' x 10' x 8' high 1,500 (682) Electrical Power The electrical power required for each simulator type and OpCon is shown in the table below: Simulator Circuits Amps Volts Frequency, Hz PatrolSim Line 1 20 115 60 Confidential -25- February 19,2004 Mike Flavin, Regional Sales Manager ' Phone:801-303-5666 Omaha Police Department (�) GE Driver Development The above power requirements do not include power for room lights, HVAC, and any other power required by the Client. HVAC The room the simulator is housed in should be maintained between 65 and 74°F. The heat load required for each simulator type is shown in the table below: Simulator Heat Load Per Simulator, BTU per Hour PatrolSim Line 7,500 Installation Information Prior to scheduling a GEDD Field Service Technician to install the equipment, the Client must fill out and return the Installation Information form. This form is available from GEDD at the time the order is placed. F I I I ,. 1 1 Confidential -26- February 19,2004 Mike Flavin, Regional Sales Manager Phone:801-303-5666 1 _ .1447,44 - ""'"' INTER-OFFICE COMMUNICATION POLICE DEPARTMENT "To Serve and Protect" April 14, 2004 TO: Deputy Chief Thorson (Via Chain of Command) FROM: Officer Stefan Davis SUBJECT: Driving Simulator Deputy Chief Smith gave me the packet of information about the simulator. She stated she wanted the Training Unit to make sure the specifications for the GE PatrolSim III was what we wanted so another competitor can't under bid the GE simulator. I spoke with Michael Flavin, the Regional Sales Manager for GE. He provided me with sole source information about the GE simulator which is more detailed than the Doron 450 LE simulator. The information is as follows: • The PS III is the only simulator currently on the market that has XGA resolution — this is approximately double the resolution of other simulators currently available. This results in more realistic immersive training. • The PS III is the only simulator currently on the market with a 70-hertz update rate and a 70-hertz refresh rate. This eliminates jitter and double images. The result is greatly reduced simulator sickness. • The PS III has multiple replay views other manufacturers do not. Replay and review is an important part of the remediation process. Best driving practices cannot be properly trained without multiple replay views. • The PS III uses Windows TM 2000 professional for OPCON and visual system computers. Others use WindowsTA°NT, which is no longer supported by Microsoft. • The PS III has a realistic 21 DOF vehicle model. Others use simplistic generic vehicle models. Handling is not realistic. • 5.1 surround sound. The PS III uses surround sound giving realistic aural input cues necessary for driving. Others use non-directional sound. • The PS III incorporates the best night vision in the industry. High beams, low beams, alley and takedown lights let your officers who work at night train in a night environment. Others do not have these features. • Pedestrian animation- the PSIII pedestrians have realistic animation walking running etc. others have pedestrians that move but are not realistic. This realism is needed to get the adrenaline producing response necessary for stress induced tactical training. • Visual Slewing — The PSIII visual can be slewed to get additional Field of view necessary to check blind spots before changing lanes. Others do not have this feature. • Autonomous traffic—The Traffic density can be altered to add additional vehicle to the scenarios. The result is standardized training with traffic density equal to normal city environment. Others do not have this feature. I hope the above information is what is needed to keep the process going. If there is anything else I can provide you with, please, don't hesitate to ask. Deputy Chief Smith gave me the original information I provided to you. If you need it back, I can provide that information for you. Just a reminder, the pricing for the PatrolSims III is value through April 19, 2204. Stefan Davis 4Ald INTER-OFFICE COMMUNICATION L 9 POLICE DEPARTMENT oi„ \ ,41 V a "To Serve and Protect" (11 ai ✓' 6 " ;', February 23, 2004 TO Deputy Chief Thorson ;)II( FROM: Ofc. Stefan Davis t SUBJECT: Patrol Sim III Driving Simulator Enclosed you will find the proposal for the Patrol Sim III Driving Simulator. I will give you a brief overview of the proposal. The cost of the simulator is $98,000.00. This does not include shipping and handling. The cost of shipping and handling is approximately $1.200.00. The simulator comes with a basic one-year warranty. They also have extended warranties available. A one-year extended warranty is $5,000.00, two-year warranty is $10,000.00 and a three-year warranty is $15,000.00. 1 recommend the three-year warranty. The simulator will be utilized quite a bit between recruit academies, In-Service training and the Vehicle Accident Aversion Training class. I have been working with Mike Flavin, a sales representative with GE Driver Development. He is including a software package with an additional thirty (30) scenarios for free (a $5,000.00 savings). The four day product seminar training at our location is also included for free (a $7,500.00 savings). The breakdown for the simulator is as follows: Patrol Sim III Driving Simulator $98,000.00 3 year Extended Warranty $15,000.00 Shipping and Handling (estimate) $ 1.200.00 Total: S114,200.00 The price quote is valid through April 19, 2004. If the department accepts the quote.the projected delivery date is July 18. 2004. It was recommended by a GE representative to use the driving simulator in conjunction with a road course. There are approximately one fourth of our officers who have not had any type of driver's training. I would put the whole department through the simulator first. The simulator is able to record any deficiencies the officer may have. We can save that information for training purposes later. The next step is to put the whole department through a cone and high-speed course on the track. During the track portion, I will correct the behavior, which was observed during the driving simulator. Once the road course training is complete, I will put the officers back on the simulator to see if the negative behavior has been corrected. The simulator will be used in the recruit academy as an introduction to patrol and pursuit driving. The simulator will also be used to correct the behavior of officers who were involved in collisions while on duty and were recommended to the Vehicle Accident Aversion Training class. As you can see, the simulator will be used quite extensively. The goal is to reduce the amount of money the city pays due to officer's bein2. involved in collisions due to everyday driving and pursuits. I hope this Inter-Office aids you in your decision to purchase the simulator. If you have any questions, comments or concerns, please feel free to contact me at X5856. Thank you for your efforts. C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, GE Driver Development is a sole source vendor, providing a unique and non-competitive article, and as provided in Chapter 5.16 of the Home Rule Charter 1956 as amended, no competitive bidding is necessary; and, WHEREAS, GE Driver Development is a firm qualified to provide the PatrolSim IIITM Driver Training Simulator herein in the amount of$114,200.00; and, WHEREAS, the Mayor has recommended acceptance of this proposal. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT the Purchasing Agent is authorized to issue a purchase order for GE Driver Development in the amount of $114,200.00, for the PatrolSim IIITM Driver Training Simulator for use in the conduct and support the training needs of the Omaha Police Department to improve driving skills for in-coming Recruits and Officers, and the proposal is hereby accepted and the same hereby approved. BE IT FURTHER RESOLVED; THAT the Finance Department of the City of Omaha is authorized to pay the cost of the Driver Training Simulator in the amount of$114,200.00 from Year 2004, General Seized Assets Fund 12156, Organization 130711, Account 44221. P:\ PD1\1 m.d c APPROVED AS TO FORM: O 0663 0 PJ DEPUTY CITY ATTORNEY DATE 044* P1441,040 By Councilmember Adopted/v MAY 2.:5..2004 7 0 aag V . .- I-i � City Clerk Approved )c).1/4-4-44-4.--- .'. ; 7-09 ayor � 2 10lC' ddC _ . ..oCD0 Q., cnOarc w z O� •O O 7J q N , z. N . opt, Q, � = CD 0 0 cr Z cn a ,-* CD , ,C O N d O O Q , "O c 0 < ,-ns, pp .'R cD ,, O \ 8 Yc ¢1 O c C Y crq Z .o. n tom ' 2 �. Litt oot '-d -' Crc• � = C oEv? t C g. 0 O iiVn 1 = 0 Oh1C _ c0O � : gN'_` ' 0 . 'CI. a. CCD 0CCDD i P e--r N 19t M 0 • • •