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HomeMy WebLinkAboutContract 51029 TM AV149$8>, SPL CITY 3ECRUARY CONTRACT 140. Customer Care Program City Fort Worth Texas JEOC Service Agreement Camillia Ryan $ 25,481.68 (prorated May 23,2018 to January 31,20 ) (1 Year) Start Date May 23,2018 End Date January 31,2019 � OFFICIAL.RECORD Prepared By: Brian Miller,CTS CITY SECRETARY Gov't J DOD Sales M"re wow" 'rX I. COVERAGE Audio Visual Innovations, Inc., (AVI-SPL) will repair or arrange for the repair of THE COMPANY'S Warranted Covered Equipment as necessary when such repair is due to a MECHANICAL or ELECTRONIC BREAKDOWN during the Agreement Period, subject to the conditions contained herein. AVI-SPL's continued adherence to this agreement is subject to the satisfaction of all terms and conditions of this Agreement by the Customer. All repairs and replacements will be performed with new or remanufactured parts and components as decided by AVI-SPL. All parts or components replaced by AVI-SPL shall become the property of AVI-SPL. (Covered Equipment is listed in detail in Appendix A of this Agreement.) II. WHAT IS COVERED A. Scheduled Preventive Maintenance(PM): AVI shall provide two(2)routine preventive maintenance visits,scheduled during the Covered Period of this Agreement. During each scheduled Preventive Maintenance(PM)visit AVI authorized technician(s) shall perform the following services as they relate to the COVERED EQUIPMENT outlined below and more particularly described on Appendix A,attached hereto. • AVI-SPL • Complete operational check of the system functions including Mitsubishi Hardware • Replace client furnished projector lamp,reset counter, clean filters,and align • Detailed inspection and testing of selected system components • Adjustment of levels and equalization of equipment settings as required to maintain or optimize overall system performance • Professional cleaning of record/playback heads,screens,projector lenses and other critical surfaces,as needed • Mechanical and electrical adjustment of video projectors as needed • Inspect and repair any faulty wiring or connections • Service reports • Recommendations for any additional services and upgrades *If abnormal operating conditions outside industry standards are noted during a Preventive Maintenance call and the repair or correction cannot be accomplished during the PM call,another repair call will be scheduled to correct the noted condition. In addition, if the repair is not covered by this AGREEMENT as noted in Article IV, AVI-SPL will forward a written quote for repair to the customer,which will include a description of the condition and a cost to repair. B. Helpdesk: AVI-SPL's 247 Helpdesk is included with all AVI-SPL Customer Care programs.This service includes unlimited toll- free phone,e-mail,as well as advance parts replacement,real-time trouble ticket tracking and reporting,detailed statements of work,global support in the event of international installations, and service level customization, which can include Time and Materials calls and contracts for onsite work.AVI-SPL will: • Provide first call pickup within 60 seconds,90%of time • Log all trouble tickets into tracking system • Perform diagnostics and analysis remotely if applicable(Telnet,VPN,Extranet,etc.) • Schedule repairs and/or temp solutions • Dispatch technicians as needed C. Parts Repair/Replacement: All parts required for repair of COVERED EQUIPMENT shall be repaired or replaced at AVISPL's discretion discounted 15% off list price unless CUSTOMER elects to accept optional extended warranty on equipment. If option for an extended warranty is part of the agreement,AVI-SPL will repair any equipment covered under the agreement. D. Labor for Repair: Telephone support and all on-site labor for repair of COVERED EQUIPMENT shall be free of charge,except as excluded by Article IV of this AGREEMENT. All in-shop labor for repair of COVERED EQUIPMENT shall be discounted 10% off published rates except as excluded by Article IV of this AGREEMENT. On-site service hours for this AGREEMENT are from 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. Telephone support is provided from 24/7/365. Work must begin and end within these on-site service hours or telephone support hours,based on the service being provided. Work,which is performed outside these hours,is billable at$180.00 per hour of actual work done on Customer's premises, Monday through Friday(excluding holidays)and$240.00 per hour of actual work done on Customer's premises Saturday, Sunday and holidays. By entering into this AGREEMENT the CUSTOMER agrees to allow AVI-SPL to bill for on-site service provided outside on-site service hours at the corresponding rates as shown in this section. AVI-SPL will invoice the Customer for any on-site work performed outside on-site service hours and any such invoice will be due net thirty(30)from receipt of invoice. Any invoices not paid when due shall be considered a breach of this AGREEMENT. E. Response Time: AVI-SPL agrees to have a technician on the CUSTOMER'S site within 48 hours of a request for service,if such time frame is requested by the CUSTOMER and within the terms and conditions of this AGREEMENT. AVI-SPL agrees to respond to the CUSTOMER'S request for service by telephone within two(2)hours of receipt of the request for service. F. Failure of a Covered Component. The CUSTOMER must give AVI-SPL access to all COVERED EQUIPMENT at a time within the 48 hours following equipment failure that is mutually agreeable to both the CUSTOMER and AVI-SPL and is during OUR on-site service hours. If such a time cannot be mutually agreed upon,AVI-SPL will schedule a service call to the CUSTOMER'S EQUIPMENT LOCATION at the first available time beyond the 48 hour period during the on-site service hours. G. Transportation of Parts and Equipment: AVI-SPL will pay for transportation of COVERED EQUIPMENT from the EQUIPMENT LOCATION to OUR shop for repair. AVI-SPL will pay transportation costs of equipment from the EQUIPMENT LOCATION or OUR shop to the manufacturer, if manufacturer repair is required. AV[-SPL will pay for transportation of parts and components ordered in connection with servicing of the COVERED EQUIPMENT. Transportation will be provided by OUR staff or by commercial carrier. If shipped by commercial carrier,it will be shipped for two-day delivery. Expedited delivery is also available,upon request. If the CUSTOMER wishes to have the parts expedited,the CUSTOMER agrees to be billed for the cost difference between the two-day delivery and the expedited delivery. H. Confidentiality: AVI-SPL acknowledges that during the term of this AGREEMENT,and in the course of performing services for the CUSTOMER, AVI-SPL may have access to the CUSTOMER'S confidential and proprietary information ("Confidential Information"). AVI-SPL agrees to strictly maintain the confidentiality of such Confidential Information and will only disclose such information to OUR service personnel to the extent that such Confidential Information is necessary in the performance of services under this AGREEMENT. AVI-SPL shall ensure that all service personnel strictly adhere to the obligation of nondisclosure detailed herein. It is further agreed that neither party shall use the other party's name,trademarks,service marks,logos,trade names and/or branding without such other party's written consent. III. THE CUSTOMER'S OBLIGATIONS DURING THE AGREEMENT PERIOD A. Equipment Maintenance and Alteration: The CUSTOMER must provide AVI-SPL with reasonable access to the COVERED EQUIPMENT for scheduled Preventive Maintenance visits only as necessary for the performance of services under this contract. The CUSTOMER may not alter, repair or modify the COVERED EQUIPMENT or wiring interconnections except as expressly directed by AVI-SPL service personnel. The CUSTOMER must operate the equipment as detailed in the user operations manual provided by the manufacturer with the COVERED EQUIPMENT. The CUSTOMER may not add equipment, components,wiring or other parts to the COVERED EQUIPMENT without written notification to and acceptance by AVI-SPL. Repairs to the covered equipment/systems that have been altered or modified without written notification to AVI-SPL,shall be billed at OUR standard published rate. IV. WHAT IS NOT COVERED A. Consumables(lamps,filters,etc...} B. Failure due to or caused by fire,failure as a result of utility services,failure as a result of poor, unconditioned or fluctuating electrical power,or natural and environmental causes such as earthquake,tornado,lightning,corrosion,flood,or other acts of God,or other causes beyond AV[-SPL'S reasonable control. Failures or faults caused by structural, mechanical,electrical, or plumbing systems or devices not installed by AVI-SPL and not specifically covered under this AGREEMENT. C. Failure caused by abuse, misuse,or negligence. D. Any consequential or indirect damages incurred or suffered by the CUSTOMER,or for economic loss,including,but not limited to inconvenience,loss of profits,loss of business revenue,loss of time,loss of equipment use,or any other economic loss of any kind whatsoever,even if AVI-SPL has been advised of the possibility thereof. E. Service required diagnosing the CUSTOMER'S complaint,failure or perceived failure if no mechanical or electrical failure was found,or improper operation of COVERED EQUIPMENT. F. Damaged displays caused by image"burn-in". V. COMMENCEMENT,EXPIRATION,RENEWAL AND CANCELLATION OF AGREEMENT A. On or before thirty(30)days following the start date of the AGREEMENT: 1. The CUSTOMER may cancel this AGREEMENT and receive refund of the full premium if no benefits have been received or if no service calls or telephone support have been provided to the CUSTOMER by AVI-SPL. 2. If benefits have been received or if service calls or telephone support has been provided by AVI-SPL,the CUSTOMER may cancel this AGREEMENT for a refund less the cost of the service performed,based on AVI-SPL'S published rate schedule or 1/12 the cost of the maintenance plan,whichever is greater. B. If the COVERED EQUIPMENT is not new and was not provided, installed or serviced by AVI-SPL, AV[-SPL reserves the right to inspect the equipment prior to the commencement of this AGREEMENT to determine if AVI-SPL wishes to provide the services covered in this AGREEMENT. If AVI-SPL determines that the equipment is not operating correctly,properly,or requires service to bring the equipment to good operating condition,AVI-SPL will provide an estimate to the CUSTOMER regarding the cost of such service. This service is not considered part of this AGREEMENT. If the CUSTOMER declines to have AV[-SPL perform the work required to bring the COVERED EQUIPMENT up to good operating condition,AVI- SPL will impose a maintenance inspection fee. C. AVI-SPL may cancel this AGREEMENT at any time for non-payment of the premium or if the CUSTOMER does not meet the CUSTOMER'S obligations under Article III. If the CUSTOMER does not meet obligations under Article III or does not pay the premium within thirty (30) days from receipt of AVI-SPL'S invoice,AVI-SPL has the right to cancel this AGREEMENT upon forwarding written notice of non-payment. In the event of cancellation due to non-payment,the CUSTOMER agrees to be liable for the full cost of services and parts provided to the CUSTOMER at the rates published in AVI-SPL'S most current rate schedule. In the event that the CUSTOMER does not meet the CUSTOMER'S obligations under Article III,AVI-SPL will provide a prorated refund based on the time expired on the AGREEMENT. D. The AGREEMENT shall commence upon the receipt of a purchase order or other acceptable payment guarantee, or on the date identified on the first page of this AGREEMENT,whichever is later. No AGREEMENT on the COVERED EQUIPMENT may be performed prior to the commencement of the AGREEMENT. E. The AGREEMENT shall expire on TBD per contract award date. Repair work on the COVERED EQUIPMENT,which was begun prior to the expiration of the AGREEMENT,shall be completed by AVI-SPL. E. This AGREEMENT shall not automatically renew. A new AGREEMENT must be written in order to provide coverage beyond the expiration date of this AGREEMENT. Either the CUSTOMER or AVI-SPL may decline to enter into a new agreement. H. Limitation of Liability-The foregoing warranties are exclusive and in lieu of all other warranties, whether written or oral, implied or statutory. In no event will the company be liable for any damages,other than the allocable charges paid by the buyer for the equipment,whether direct, indirect,special,incidental or consequential,arising from any warranty claims. VII Definitions: The words listed below have the following meanings in this AGREEMENT: COVERED Means the equipment for which ELECTRONIC OR Means the inability of a properly EQUIPMENT AVI-SPL will provide service,as MECHANICAL maintained and operated piece of listed on the first page of this FAILURE AND COVERED EQUIPMENT to perform AGREEMENT. BREAKDOWN the function(s)for which it was designed,due solely to defects in material or faulty workmanship. Without limitation, Electronic or Mechanical Breakdown and Failure do not include damage due to negligence,caused by accident, or the gradual reduction in performance due to wear and tear. AGREEMENT Means this Service AGREEMENT AGREEMENT Means the period which begins on which specifies,among other PERIOD the date shown on page one of things,the CUSTOMER'S Coverage, this agreement,or the receipt by the AGREEMENT PERIOD,and the us of an acceptable payment Covered Equipment. guarantee and ends on the expiration of the time limitation as set forth in this AGREEMENT This AGREEMENT is not a manufacturer's warranty or an extension of a manufacturer's warranty. This Service AGREEMENT may provide duplicate coverage while manufacturer's warranties are in force. This AGREEMENT is not an express, implied or general warranty and is not a condition of the purchase of the COVERED EQUIPMENT. VIII. Special Provisions: Note—8`h Year,some equipment is nearing End of Life(EOL) The parties further agree to the terms and conditions outlined in the attached addendum,which is attached hereto and incorporated herein to be made part of this Agreement. If there are any conflicts between the terms and conditions of the Agreement and the Addendum,the terms and conditions contained in the Addendum shall control. X Price: $25,481.68 (prorated May 23 2018 to January 31,2019) IX. plus taxes if applicable Period of Performance Start:May 23,2018 End:January 31,2019 Accepted for Audio Visual Innovations,Inc. Accepted for FW by: Signature Signature ,/�t i r� p `Ar 1 C , i Print Name rian Miller(Authorized)Title Sales Print Nf�am�e VALC-f-1 E 1� • YY A5 t t L OGTOM Date May 8,2018 Title r'1 Js I A m 1 C i Tl MANAGE P- Date qll`lL-' � TM AVI 448 SPL Appendix A: Covered Equipment Company Name: City Fort Worth Texas Contact Name: Fletcher Jackson Contact Phone Number: TBD Contract Address: 200 Texas Street,Ft Worth TX Contact Email Address:fletcher.Jackson@fortworthtexas.gov Customer Number: TO The following is a list of the major components covered under the terms and conditions of the Service Agreement attached herewith. AVI-SPL—CRG Project# 140I-10-31040 ADDENDUM TO JEOC SERVICE CARE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND AUDIO VISUAL INNOVATIONS, INC. This Addendum to JEOC Service Agreement ("Addendum") is entered into by and between the Audio Visual Innovations, Inc. ("Seller") and the City of Fort Worth ("City"), collectively the "parties", for audio/visual preventative maintenance services. The Contract documents shall include the following: 1. The JEOC Service Agreement; and 2. This Addendum. Notwithstanding any language to the contrary in the attached JEOC Service Agreement (the"Agreement"),the Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Term. The Pro-rated Agreement shall be effective May 23, 2018 upon the signing of the Agreement (the "Effective Date") and shall expire January 31, 2019, approximately 8 months after the Effective Date (the Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties. The Agreement may not be renewed. 2. Termination. a. Convenience.Either City or Seller may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. b. Breach.If either party commits a material breach of the Agreement,the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten (10)calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Seller of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. Addendum to JEOC Service Care Agreement Page 1 of 4 d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date,City shall pay Seller for services actually rendered up to the effective date of termination and Seller shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Seller shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Seller has received access to City information or data as a requirement to perform services hereunder, Seller shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Law and Venue.The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas,exclusive of conflicts of law's provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 5. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 6. Indemnity. To the extent the Agreement requires City to indemnify or hold Seller or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 7. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable,City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 8. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. Addendum to JEOC Service Care Agreement Page 2 of 4 9. Addendum Controlling. If any provisions of the attached Agreement,conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Addendum shall control. 10. Immigration Nationality. City actively supports the Immigration&Nationality Act(INA)which includes provisions addressing employment eligibility,employment verification, and nondiscrimination. Seller shall verify the identity and employment eligibility of all employees who perform work under the Agreement. Seller shall complete the Employment Eligibility Verification Form(I-9),maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all l-9 forms and supporting eligibility documentation for each employee who performs work under the Agreement. Seller shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Seller shall provide City with a certification letter that it has complied with the verification requirements required by the Agreement. Seller shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate the Agreement for violations of this provision by Seller. 11. No Boycott of Israel. Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Seller certifies that Seller's signature provides written verification to City that Seller: (1)does not boycott Israel;and(2) will not boycott Israel during the term of the Agreement. 12. Right to Audit. Seller agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Seller involving transactions relating to the Agreement. Seller agrees that City shall have access during normal working hours to all necessary Seller facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Seller reasonable advance notice of intended audits. (signature page follows) Addendum to JEOC Service Care Agreement Page 3 of 4 Executed this thel day of 2018. CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration wof this contract,including ensuring all By: performance and reporting requirements. Name: Valerie Washington Titlle�:,� Assistant City Manager Date: '(�( � By: NA V—'— Name: Homer Robertson Approval Recommended: Title: Assistant Fire Chief n Approved as to Form and Legality: By: Name: Patrick Vasquez 01 Title: Acting Fire Chief By: 56-�At�-� e: Jo B. Strg Attest: Title: AssistanVCity Attorney Contract Authorization: M&C: N/A By: / FORT ame: se ,t.-, Title: City Secret V: SELLER: As OC Audio Visual Innov ns, Inc. By: Name: Steven E. Palmer Title: Chief Financial Officer Date: 6-5-2018 OFRECORD CITY$ECRETAW !P�?'.WOOTWO TX Addendum to JEOC Service Care Agreement Page 4 of 4 k 0 ^ 5 _ ° S \ C § / E \ 9 � \ cn O U : < > § k E - 9 m = 2 \ E o � a \ \ $ 2 a) d ƒ c r / 2 f ® \ �_ � A / > § km Zn _ � \ � ® � \ o — — >z U_ m c g � m o — � » o � ._ ° 8 � mm # wa ® / 2 § � � = aQ22 c m:5 a Q n a c o p o M o - o m .2 @ E & » a ± o O \ 2 > ° c) $ / o § k k % m « § $ Q . « G � �E t > m 2 c L) m m m 2 � ,§ a > X o 2 & > 0 � * % fpm 7� c / � 2 ° � � u -00 0U) U E ® o ±> k ,O M � % % I § / � \ ou \ f / 7 $ / ~ \ E 2 0 q- � o o c \ \ _ w p E m cn _j 2 2 E LM 3 6 % c C 0 :3 a) 2 2 \ k $ \ ƒ f 3 � _ 2 � o . 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