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HomeMy WebLinkAboutContract 52567 it Sales Agreement AVI Systems Inc., 3070 Story Road West Irving,TX,750381 Phone:(469)359-4100, Fax:(469)359-4099 Proposal Number:918437 Proposal Date: July 01, 2019 Prepared For: Fort Worth Police Department CITY SECRETARY Attn: Dalton Webb Fusion Center—FTW PD CONTRACT NO.SECRETARY, Prepared By: Julie Hudson Phone: 469-744-8715 Email:julie.hudson@avisystems.com BILL TO SITE Attn: Dalton Webb Attn: Dalton Webb Fort Worth Police Department Fort Worth Police Department 505 W. Felix 505 W. Felix Fort Worth, TX, 76115 Fort Worth, TX, 76115 Phone: (817)392-4200 Phone: (817)392-4200 Email: dalton.webb@fortworthtexas.gov Email: dalton.webb@fortworthtexas.gov Customer Number: FWP001 COMMENTS PRODUCTS AND SERVICES SUMMARY Equipment $76,397.30 Integration $30,820.68 Shipping & Handling $0.00 Tax $0.00 PRO Support $4,525.93 Project Total $107,217.98 Unless otherwise specified. The prices quoted reflect a discount for a cash payment(i.e., check, wire transfer) made by Customer in full within the time stated for payment on each invoice. Discount only applies to new items included on the invoice, and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge. The prices are valid for 30 days and may be locked in by signing this Retail Sales Agreement. Overdue balances are subject to a finance charge of 1.5% per month, or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all of AVI's costs of collection, including its attorneys' fees. RSA:918437 INVOICING AND PAYMENT TERMS Customer and AVI have agreed on the payment method of CASH. Payment must be remitted by stated method. To the extent Customer seeks to use of any payment methods other than stated, and that payment method results in an increased transaction cost to AVI, the new payment must be approved in writing, and the Customer shall be responsible for paying the increased transaction cost to AVI associated with the change in payment method. Payments shall be made 30 days from invoice date. So long as the invoice has been sent and the Customer's payment is made within the terms work will continue. AVI uses progress billing, and invoices for equipment and services allocated to the contract on a monthly basis. Unless otherwise specified, all items quoted(goods and services) as well as applicable out of pocket expenses(permits, licenses, shipping, etc.)are invoiced in summary(including applicable sales taxes due for each category of invoiced items). Customer is to make payments to the following"Remit to"address: AVI Systems NW8393 PO Box 1450 Minneapolis, MN 55485-8393 If Payment Method is ACH: Customer must make all payments in the form of bank wire transfers or electronic funds transfers through an automated clearinghouse with electronic remittance detail, in accordance with the payment instructions AVI Systems provides on its invoice to Customer. A monthly summary of detailed equipment received is available upon request. Equipment received may be different than equipment billed based on agreed billing method. TAXES AND DELIVERY Unless stated otherwise in the"Products and Services Summary"above, AVI will add and include all applicable taxes, permit fees, license fees, and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s)and/or service(s)are provided. Unless Customer provides a valid tax exemption certificate for any tax exemption(s)claimed, AVI shall invoice for and collect all applicable taxes in accordance with state law(s), and Customer will be responsible for seeking a tax credit/refund from the applicable taxing authority. AGREEMENT TO QUOTE AND DOCUMENTS CONSTITUTING YOUR CONTRACT WITH AVI Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI,AVI's Credit Department will check Customer's credit and approve the terms. After approval by AVI's Credit Department and signature by AVI, this Retail Sales Agreement will, together with the AVI General Terms&Conditions(which can be found at http://www.avisystems.com/TermsofSale)form a binding agreement between Customer and AVI. (This Retail Sales Agreement and the AVI General Terms&Conditions of Sale(the"T&Cs")are referred to collectively as the"Agreement"). If not defined in this Agreement, all capitalized terms shall have the meaning given to them in the T&Cs. Should AVI's Credit Department determine at any point prior to AVI commencing work that Customer's credit is not adequate, or should it otherwise disapprove of the commercial terms,AVI reserves the right to terminate the Agreement without cause and without penalty to AVI. AGREED AND ACCEPTED BY d:zry or Q/eTwok-T AVI Systems, Inc. Company Company ignaturen 1 Signature A9"1 0 1T-D5[15 Julie Hudson Printed Name 0 l m P Printed Name 70 V-7,0� 7 7/1/19 Date Date Printed on July 2,2019 Page 2 of 13 RSA:918437 CONFIDENTIAL INFORMATION The company listed in the`Prepared For" line has requested this confidential price quotation, and shall be deemed"Confidential Information"as that term is defined in the T&Cs. This information and document is confidential and is intended solely for the private use of the customer identified above. Customer agrees it will not disseminate copies of this quote to any third party without the prior written consent of AVI. Sharing a copy of this quote, or any portion of the Agreement with any competitor of AVI is a violation of this confidentiality provision. If you are not the intended recipient of this quote(i.e.,the customer), you are not properly in possession of this document and you should immediately destroy all copies of it. Y .ate A 4� J. yser, City Secretary J B. Strong, City Attomey Printed on July 2,2019 Page 3 of 13 RSA:918437 SERVICES TO BE PROVIDED INTEGRATION SCOPE OF WORK A.SUMMARY:The Fort Worth Police Department fusion center audiovisual system features a 2x2 videowall comprised of 55" displays with ultra-thin bezels that can display multiple sources simultaneously.Additionally, three banks of five owner-furnished professional television displays will be ceiling-mounted around the room to display broadcast video signals. Up to eight sources will be available to be routed to the videowall and the televisions through a Crestron DM-NVX AV over IP network infrastructure. The sources include owner-furnished broadcast TV tuners, owner-furnished PCs and a Mersive Solstice POD collaboration device that allows multiple BYOD devices to be connected to the system and displayed on a single screen. B.SYSTEM DESCRIPTION: • Displays: o A Leyard Matrix G3 2x2 videowall of LX55X-L will be installed adjacent to the conference table and Oblong Mezzanine display. The G3 processor will be equipped remote power and signal distribution design that allows the videowall to be installed without any additional electrical contracting work. 0 15 Owner-furnished professional LCD televisions will be ceiling-mounted in groups of five using Chief FUSION menu board mounting systems. This mounting system allows us to install these displays without any additional structural support on the walls. • Source Devices: o One Mersive Solstice POD will be installed to provide wireless connectivity for laptops, tablet PCs and smart phones. o The Leyard G3 processor accommodates up to four sources. • Audio: o The audio systems built into the televisions is the only audio in this system. • Conferencing: 0 No conferencing is part of this system design. • Switching: o Signal routing to the televisions will be handled by an Ethernet network switch. o Signal routing and sizing of the windows on the videowall will be handled by a videowall processor. • Controls: o A Crestron control system with 10"control panels at the equipment rack and on the wall adjacent to the videowall will be programmed to operate the AV system power, signal routing, and TV tuner controls. • Equipment Location: o A 45-space equipment rack with caster base, vented front door and temperature controlled fan top will be used to house the centralized components of this system. o A 2200 VA uninterruptable power supply with power conditioning, battery back-up and remote controllable outlets will be installed to protect the most sensitive devices from power fluctuations. C. EXCLUSIONS: The following work is not included in our Scope of Work: • All conduits, high voltage,wiring panels, breakers, relays, boxes, receptacles, etc. • Concrete saw cutting and/or core drilling • Fire wall, ceiling, roof and floor penetration • Necessary gypsum board replacement and/or repair • Necessary ceiling tile or T-bar modifications, replacements and/or repair • Structural support of equipment`AVI Systems not responsible for building related vibrations • Installation of ceiling mounted projection screen • All millwork(moldings,trim, cut outs, etc.) • Patching and Painting • Permits(unless specifically provided for and identified within the contract) • Unless otherwise stated the pricing in this agreement does not include prevailing wage or union labor • Unless specifically noted lifts and scaffolding are not included D. CONSTRUCTION CONSIDERATIONS: In order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to make the necessary modifications to the space as directed by AVI Systems. The costs associated with these modifications are not included in this proposal. Printed on July 2,2019 Page 4 of 13 RSA:918437 E. NOTICE: THIS SCOPE OF WORK IS DELIVERED ON THE BASIS OF THE FOLLOWING ASSUMPTIONS: • Site preparation by the Customer and their contractors includes electrical and data placement per AVI Systems specification. • Site preparation will be verified by AVI Systems project manager or representative before scheduling of the installation.All work areas should be clean and dust free prior to the beginning of on-site integration of electronic equipment. • Customer communication of readiness will be considered accurate and executable by AVI Systems project manager. • In the event of any arrival to site that AVI Systems is not able to execute work and definable progress, the Customer will be charged a$250.00 Mobilization Fee to offset the lost time due to the lack of readiness. The Mobilization Fee will be presented as a Contract Change Order and will/may halt work until acceptance by the Customer and rescheduling of the integration effort is agreed upon. • Rescheduling and redeployment of AVI Systems technicians due to unacceptable site preparation may cause scheduling delays of up to 10 business days. • There is ready access to the building/facility and the room(s)for equipment and materials. • There is secure storage for equipment during a multi-day integration. • If Customer furnished equipment and existing cabling is to be used, AVI Systems assumes that these items are in good working condition at this time and will integrate into the designed solution. Any repair, replacement and/or configuration of these items that may be necessary will be made at an additional cost. • All Network configurations including I addresses are to be provided, operational and functional before AVI Systems integration begins. AVI Systems will not be responsible for testing the LAN connections. • Cable or Satellite drops must be in place with converter boxes operational before the completion of integration.Any delay resulting in extra work caused by late arrival of these items will result in a change order for time and materials. • Document review/feedback on drawings/correspondence will be completed by the Customer within two business days (unless otherwise noted). • The documented Change Control process will be used to the maximum extent possible—the Customer will have an assigned person with the authority to communicate/approve project Field Directed Change Orders and Contract Change Orders(see Appendix). • In developing a comprehensive proposal for equipment and integration services AVI Systems' Sales Representatives and Engineering teams must make some assumptions regarding the physical construction of your facility, the availability of technical infrastructure and site conditions for installation. If any of the conditions we have indicated in the site survey form are incorrect or have changed for your particular project or project site, please let your Sales representative know as soon as possible. Conditions of the site found during integration effort which are different from those documented may have an effect on the price of the system solution, integration or services. To ensure that you have an accurate proposal based on your facility and specific to the conditions of your project, please review all project documentation carefully. F. INTEGRATION PROJECT MANAGEMENT PROCESSES AVI Systems will follow a foundational project management process which may include the following actions/deliverables(based on the size/complexity/duration of the integration project): • Site Survey—performed prior to Retail Sales Agreement and attached • Project Welcome Notice—emailed upon receipt of Purchase Order • Project Kick-Off meeting with Customer Representative(s)—either by phone or in-person • Project Status reviews—informal or formal—either by phone or in-person (based on the size/complexity/duration of the project) • Project Change Control—comprised of Field Directed Change Order and/or Contract Change Order submittals(see Appendix) • Notice of Substantial Completion (see Appendix)—at Customer walk-through—prior to Service transition G. KNOWLEDGE TRANSFER(TRAINING) This is geared specifically towards the end-user/operator. The purpose of this knowledge transfer is to provide operators with the necessary knowledge to confidently and comfortably operate all aspects of the integrated system.Areas covered include the following: • Equipment and system overview • Equipment operation and function • Equipment start up, stop, and shut down • Equipment automatic and manual operation • Discussion and documentation relating to control system operation • Discussion and documentation relating to system processor and its control applications • Powering up, powering down AV system via control system • Manual operation of display systems,audio system and all other related components • Use/operation of patch panels,when and where to be used • Who to call when help is required Printed on July 2,2019 Page 5 of 13 RSA:918437 H.AVI SYSTEMS INTEGRATION SERVICES RESPONSIBILITIES AVI Systems will provide services/work for the project as described above in the Scope of Work or per the attached separate Scope of Work document detailing the scope of work to be performed. • Provide equipment, materials and service items per the contract products and services detail. • Provide systems equipment integration and supervisory responsibility of the equipment integration. • Provide systems configuration, checkout and testing. • Provide project timeline schedules. • Provide necessary information, as requested, to the owner or other parties involved with this project to ensure that proper AC electrical power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. • Provide manufacturer supplied equipment documentation. • Provide final documentation and"as built"system drawings(CAD) -if purchased. • Provide system training following integration to the designated project leader or team. I.CUSTOMER INTEGRATION SERVICES RESPONSIBILITIES • Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment, and decorating as appropriate. Includes installation of ceiling mounted projection screen. • Provide for the ordering, provisioning, installation,wiring and verification of any Data Network(LAN,WAN, T1, ISDN, etc.) and Telephone Line(Analog or Digital)equipment and services prior to on-site integration. • Provide all necessary cableways and/or conduits required to facilitate AV systems wiring. • Provide all necessary conduit,wiring and devices for technical power to the AV systems equipment. • Provide reasonable accesses of AVI Systems personnel to the facilities during periods of integration, testing and training, including off hours and weekends. • Provide a secure area to house all integration materials and equipment. • Provide a project leader who will be available for consultation and meetings. • Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc.). SYSTEM SUPPORT SYSTEM SUPPORT SERVICES TO BE PROVIDED System Recertification • Provides services to perform two on-site scheduled recertification sessions per year using AVI Systems' "System Recertification Checklist and Record". Tentative month of 1st Recert visit: [July]Tentative month of 2nd Recent visit: [February] Training • Provides unlimited on-site operator training to assure any new and/or existing system users understand the system functionality. Asset Tracking • Provides informational management of the system's individual electronic components • Provides reporting of description, model, serial numbers, in-service dates, and physical location Systems Support • Provides Priority Support by phone(within 2 business hour response time on 5x9 basis) • Provides Priority Support onsite(within 8 business hour response time on a 5x9 basis, Mon—Fri/8am—5pm local time)to perform troubleshooting to localize and diagnose faults where the onsite location is within 60 miles of an AVI Systems Service Center • Provides repair or replacement of faulty equipment-excluding Obsolete Equipment(defined below) • Provides materials and repair parts-excluding Consumables(defined below) • Provides Software Updates • Provides Loaner Equipment including table top projectors and flat screen monitors under 50" • Provides for recycling of equipment covered in a system or consumables with no additional fees • Includes coverage for shipping to/from manufacturer for equipment sent to for warranty diagnosis, repair or exchange Printed on July 2,2019 Page 6 of 13 RSA:918437 SYSTEM SUPPORT DEFINITIONS System—Defined as the items listed in the Products and Services Detail section of this Agreement or listed on an attached Equipment List with the exception of Consumables and Obsolete Equipment. Priority Support—Means all work under AVI Systems support agreements with Customers is scheduled ahead of any other on-demand work and will be provided within 2 hour or 8 hour response times as indicated within the Agreement. Recertification—Means AVI Systems personnel performing the necessary cleaning, adjustments, functional tests, and replacement of parts to keep the equipment in good and efficient operating condition.Any repairs or operating instructions will be done at this time. Remote Diagnostics—Means a service whereby remote calls made to communications and terminal equipment via Customer provided analog line or IP connection to determine network and/or board-level failures and remedies. Only available where equipment is capable and configured by AVI Systems to provide same. Consumables—Means parts such as recording media, batteries, projection lamps and diskettes. Consumables are parts that are not included under this Agreement. Obsolete Equipment—Defined as items(though possibly still in use)that are outdated with no manufacturer support or parts availability, or products with formal end of life as defined by their manufacturer. Obsolete Equipment are parts that are not included under this Agreement. Loaner Equipment—Defined as table top LCD projectors and flat screen monitors under 50". Table top projectors are not integrated into a system. Flat screen monitors will be installed onto a wall if reasonably possible. Software Updates—Defined as revisions of existing software which provide maintenance to correct software errors and are provided at no charge by the manufacturer. Software and features which require additional licensing are not included under this Agreement. SYSTEM SUPPORT TERMS Coverage Dates—Unless otherwise stated, the service coverage date will be effective as of substantial completion or System Support Agreement invoice date, whichever is applicable. Coverage will extend for the duration specified by the corresponding line item description found in the Product and Services Detail section of this Agreement. AVI Systems reserves the right to withhold services until the invoice is paid in full. Exclusions—For situations where AVI Systems is providing service or support under this Agreement, no cost service, maintenance or repair shall not apply to the Equipment if any person other than an AVI Systems technician or other person authorized by AVI Systems, without AVI Systems prior written consent, improperly wires, integrates, repairs, modifies or adjusts the Equipment or performs any maintenance service on it during the term of this Agreement. Furthermore, any Equipment service, maintenance or repair shall not apply if AVI Systems determines, in its sole discretion,that the problems with the Equipment were caused by(a)Customer's negligence, or(b)theft, abuse, fire, flood,wind, lighting, unreasonable power line surges or brownouts, or acts of God or public enemy; or(c) use of any equipment for other than the ordinary use for which such equipment was designed or the purpose for which such equipment was intended, or(d)operation of equipment within an unsuitable operating environment, or(e)failure to provide a suitable operating environment as prescribed by equipment manufacturer specifications, including,without limitation,with respect to electrical power, air conditioning and humidity control. Systems Support Terms are in addition to AVI Systems' General Terms and Conditions of Sale. Printed on July 2,2019 Page 7 of 13 RSA:918437 PRODUCTS AND SERVICES DETAIL PRODUCTS: PRICE PROPOSAL FOR THE FORT WORTH POLICE DEPARTMENT For a Firm-Fixed Price Delivery Order under"I Systems.Inc.GSA Schedule Number GS-35F-0230X Expiration Date 2.14.21 ITEM MANUFACTURER MODELIPART DESCRIPTION QTY. UNIT UNIT PRICE EXT.PRICE A EQUIPMENT 0 EA $ $ - NOTE Items 1-5 above are being procured according Oo SIN 132-8 on the schedde delivery order f 0 EA f NOTE:Items 6-8 above are bei procured through a Business Partner GSA Schedule No.6S on the schedule delivery order INCIDENTAL ITEMS OPEN MARKET PURCHASE 1 PLANAR 998-0139-00 LX55X-L 4 EA $ 7,012.20 $ 28,048.80 2 PLANAR 175-1124 PWR,DC,48V,20OFT 1 EA $ 543.90 $ 543.90 3 PLANAR 175-1009 STP Cat 6-2001t160m 4 EA $ 123.17 $ 492.68 4 PLANAR 175-0993 Loop Power Cable-SR 3 EA $ 54.88 $ 164.64 5 PLANAR 572-4745 CVR,TOP,HDX55L 2 EA $ 73.17 $ 146.34 6 PLANAR 572-4747 CVR,RIGHT,HDX55L 2 EA $ 54.88 $ 109.76 7 PLANAR 572-4916 CVR,LEFT,HDX55L 2 EA $ 54.88 $ 109.76 8 CRESTRON DM-NVX-350C DigdalMedin—4K60 4.4.4 HDR Network AV Encoder/Decoder Card 8 EA $ 914.63 $ 7,317.04 9 CRESTRON DM-NVX-350 DigitalMediaTM 4K60 4:4:4 HDR Network AV Encoder/Decoder 20 EA $ 914.63 $ 18,292.60 10 CRESTRON DMF-CI-B DigitalMediaTM Card Chassis for DM-NVX-C&DMCF,8 Slots 1 EA $ 1,219.51 $ 1,219.51 11 CRESTRON DM-XIO-0IR-80 Endpoints 1 EA $ 3,048.78 $ 3,048.78 12 EXTREME NETWORKS EXT-16565 ExtremeSwitching 220 Series220-48p-10GE4-swftch-4B po 1 EA $ 2,060.65 $ 2,060.65 13 XANTECH XAN282D10P Designer Emitter 10 Pack 1 EA $ 78.52 $ 78.52 14 C2G C2G-00530 6FT CAT5E NONBOOTED UTP C 22 EA $ 2.05 $ 45.10 15 C2G C2G-56783 6FT HDMI HS W ETHERNET CB 21 EA $ 6.11 $ 128.31 16 CHIEF LCM2XIU FUSION Large Ceiling 2 x 1 Menu Board 3 EA $ 510.75 $ 1,53225 17 CHIEF LCM3XIU MENU BOARD 3 WIDE 1 HIGH 3 EA $ 851.25 $ 2,553.75 18 CHIEF FCA540 Fusion Power Outlet Accessory 9 EA $ 39.75 $ 357.75 Printed on July 2,2019 Page 8 of 13 RSA:918437 19 CHIEF FCAX08 FUSION VW EXTRUSION 8 INCH EXTENDER KIT 3 EA $ 113.25 $ 339.75 20 MERSNE SP-7000-E Solstice POD Wireless Collaboration Device 1 EA $ 1,136.63 $ 1,136.63 21 CRESTRON PR03 3-Series Control System 1 EA $ 3,125.00 $ 3,125,00 22 CRESTRON C21R-8 8 Port InfraredlSedai Output Card for Y-Bus Expansion Slot 1 EA $ 437.50 $ 437,50 23 CRESTRON TSW-1060-NC-W-S Beacon;White Smooth 1 EA $ 1,500.00 $ 1,500.00 24 CRESTRON TSW-UMB-60 Series 1 EA $ 25.00 $ 25,00 25 MIDDLE ATLANTIC BGR-45SA-27 45SPI27D STAND ALONE BGR 1 EA $ 1,074.09 $ 1,074,09 26 MIDDLE ATLANTIC BVFD-45 45SP,VENT FRONT DOOR 1 EA $ 306.96 $ 306.96 27 MIDDLE ATLANTIC CBS-BGR BGR CASTER KIT WIHDWARE 1 EA $ 141.31 $ 141.31 I 28 MIDDLE ATLANTIC BGR-276FT-FC BGR 276CFM FAN TOP WIFC 1 EA $ 398.41 $ 398.41 29 MIDDLE ATLANTIC PD-242OSG-NS 240UTLET,1X20A CIRC.,CORD 1 EA $ 135.38 $ 135.38 30 MIDDLE ATLANTIC UPS-220OR-SIP 2200VA UPS,IND.OUT W1NIC 1 EA $ 1,527.13 $ 1,527.13 $ 7fi,397.30 Sub-Total(A) rs 75,397.30 NOTE:Items 1-6 above are being procured as'Open market'Items on the schedrde delivery order. B LABOR MAINTENANCE Contractor Sim Description GSA Price 1 AVI 132-8 VideolAudioElectronicsSystemsTechnician-Depot 0 HR $100.65 $ 2 AVI 132-8 Video/Audio Electronics Systems Technician-Field 35 HR $116.98 $ 4,094.30 3 AVI 132-8 Telephone Help DeskTechnidan 0 HR $97.03 $ 4 AVI 132-8 General Labor Technician 0 HR $77.98 $ - 5 AVI 132-8 Electronics Systems Install Technician 0 HR. $106.10 $ 6 AVI 132-8 Electronics Systems Lead Install Technician 0 HR. $127.86 $ - 7 AVI 132-8 Project Foreman 0 HR $132.39 $ 8 AVI 132-8 Administrative Support 5 HR $70.73 $ 353.65 9 AVI 132-8 Operations Technician 1 HR. $77.98 $ 77.98 INSTALLATION Contractor SIN Description GSA Price 10 AVI 132-12 VideolAudioElectronicsSystemsTechnician-Depot 28 HR $100.65 $ 2,81820 11 AVI 132-12 Video I Audio Electronics Systems Technician-Field 77 HR $116.98 $ 9,007.46 12 AVI 132-12 Telephone Help DeskTechnidan 0 HR $97.03 $ 13 AVI 132-12 General LaborTechnician 12 HR. $77.98 $ 935.76 14 AVI 132-12 Electronics Systems Install Technician 0 HR. $106.10 $ 15 AVI 132-12 Electronics Systems Lead Install Technician 7 HR. $127.06 $ 895.02 16 AVI 132-12 Project Foreman 14 HR. $132,39 $ 1,853.46 17 AVI 132-12 Administrative Support 0 HR. $70.73 $ - 18 AVI 132-12 Operations Technician 0 HR. $77.98 $ - Contractor SIN Description GSA Price 19 AVI 132-51 ComputerVideoTechnidan-Depot 0 HR. $111.54 $ - 20 AVI 132-51 Computer Video Technician-Field 0 HR. $116.98 $ - 21 AVI 132-51 Systems Engineer 29 HR. $114.26 $ 3,313.54 22 AVI 132-51 Advanced Systems Programming Engineer 49 HR $134.21 $ 6,576.29 23 AVI 132-51 Control Systems Programming Engineer 0 HR. $120.60 $ 24 AVI 132-51 Technical Trainer 7 HR $127.86 $ 895.02 Sub-Total(B) S 30,820.68 TotaXA+Bj $ 107,217.98 Printed on July 2,2019 Page 9 of 13 RSA:918437 PRO SUPPORT: SYSTEMS SUPPORT VS. MANUFACTURER WARRANTY: WHAT IS COVERED? PRO NFG DmRwrfow SUPPORT WARRANTY Un6med ornsite supportcalts YES NO Unlimited operator training A retraining YES NO Unlimited telephone support Nk YES NO Guaranteed repair or replacement of equipment failures EYES NO Unlimited support for user error NO Resolution Plan within 12businea hams NO Biannual system re-certification NO Asset tracldrng NO Certified recycling NO Loaner Nat screens up to SW and tabletop projectors NO Upgrade options for multiple yair Coverage NO Annual account review NO Warranty and clams advocate NO Available Watch Dom 24/7 remrote inoi U)rirrg NO Freight Covered NO EXTEND YOUR "lost manufacturers offer'one-'raw limited warranties COVERAGE on their products WithAVi Global PRO Support, you can extend your coverage for multiple years WITH A tFwee-year PRO Support soiutlen from AVI ensures PRO SUPPORT year-to-year retertifiretlen and lets your > Align your coverage with a typical IT Support term (most laptops that corvteet to your systams am under ftee-year support agreements) > Save money by avoiding yearly re-gA of coverage > Ellminate the need for additional budgeting each year Refer to page 1 for the Grand Total that includes the Taxes, and Shipping&Handling Printed on July 2,2019 Page 10 of 13 RSA:918437 ConditionsAVI Systems General Terms and of Sale The following General Terms&Conditions of Sale(the"T&Cs")in combination with either(a)a signed Retail Sales Agreement or(b)Quote under which AVI Systems,Inc("AVI")agrees to supply goods or services constitute a binding contract(the"Agreement")between AVI and the entity identified on page one of the Retail Sales Agreement or Quote(the`Customer"). In the absence of a separately negotiated"Master Services Agreement"between AVI and Customer signed in"wet ink"by the Chief Executive Officer or Chief Financial Officer of AVI,these T&C's shall apply. Any terms and conditions set forth in any correspondence, purchase order or Internet based form from Customer to AVI which purport to constitute terms and conditions which are in addition to those set forth in this Agreement or which attempt to establish conflicting terms and conditions to those set forth in this Agreement are expressly rejected by AVI unless the same has been manually countersigned in wet ink by an Officer of AVI. 1. Changes In The Scope of Work—Where a Scope of Work is included with this Agreement,costs resulting from changes in the scope of this project by the Customer,including any additional requirements or restrictions placed on AVI by the Customer or its representatives,will be added to the contract price. When AVI becomes aware of the nature and impact of the change,a contract Change Order will be submitted for review and approval by the Customer before work continues. AVI has the right to suspend the work on the project pending Customer's written approval of the Change Order. 2. Ownership and Use of Documents and Electronic Data—Where applicable,drawings,specifications,other documents, and electronic data furnished by AVI for the associated project under this Agreement are instruments of the services provided. These items are"Confidential Information" as defined in this Agreement and AVI shall retain all common law,statutory and other reserved rights,including any copyright in these instruments. These instruments of service are furnished for use solely with respect to the associated project under this Agreement. The Customer shall be permitted to retain copies of any drawings,specifications,other documents,and electronic data furnished by AVI for information and reference in connection with the associated project and for no other purpose. 3. Proprietary Protection of Programs—Where applicable this Agreement does not cause any transfer of title,or intellectual rights,in control systems programs, or any materials produced in connection therewith,including any source code.Any applications or programs supplied by AVI are provided,and are authorized for installation,execution,and use only in machine-readable object code form.This Agreement is expressly limited to the use of the programs by the Customer for the equipment in connection with the associated project.Customer agrees that it will not seek to reverse- engineer any program to obtain source codes,and that it will not disclose the programs source codes or configuration files to any third party,without the written consent of AVI. The programs,source codes and configuration files,together with AVI'know-how and integration and configuration techniques,furnished hereunder are proprietary to AVI,and were developed at its private expense. If Customer is a branch of the United States government,for purposes of this Agreement any software furnished by AVI hereunder shall be deemed"restricted computer software",and any data, including installation and systems configuration information,shall be deemed"limited rights data",as those terms are defined in FAR 52.227-14 of the Code of Federal regulations. 4. Shipping and Handling and Taxes—The prices shown are F.O.B.manufacturer's plant or AVI's office depending on where items are located when direction is issued to ship to the point of integration.The Customer,in accordance with AVI's current shipping and billing practices,will pay all destination charges.In addition to the prices on this Agreement,the Customer agrees to pay amounts equal to any sales tax invoiced by AVI,or(where applicable)any use or personal property taxes resulting from this Agreement or any activities hereunder. Customer will defend,indemnify and hold harmless AVI against any claims by any tax authority for all unpaid taxes or for any sales tax exemption claimed by Customer. 5. Title—Where applicable,title to the Equipment passes to the Customer on the earlier of:(a)the date of shipment from AVI to Customer,or(b)the date on which AVI transmits its invoice to Customer. 6. Security Interest—In addition to any mechanics'lien rights,the Customer,for value received,hereby grants to AVI a security interest under the Minnesota commercial code together with the a security interest under the law(s)of the state(s)in which work is performed or equipment is delivered. This security interest shall extend to all Equipment,plus any additions and replacements of such Equipment,and all accessories,parts and connecting Equipment now or hereafter affixed thereto.This security interest will be satisfied by payment in full unless otherwise provided for in an installment payment agreement.The security interest shall be security for all sums owed by Customer under this Agreement. A copy of this Agreement may be filed as a financing statement with the appropriate authority at any time after signature of the Customer. Such filing does not constitute acceptance of this Agreement by AVI 7. Risk of Loss or Damage—Notwithstanding Customer's payment of the purchase price for Equipment,all risk of loss or damage shall transfer from AVI to Customer upon transfer of Title to Customer. Customer shall be responsible for securing insurance on Equipment from this point forward. 8. Receivingllntegration—Unless the Agreement expressly includes integration services by AVI,the Customer agrees to furnish all services required for receiving,unpacking and placing Equipment in the desired location along with integration. Packaging materials shall be the property of the Customer. 9. Equipment Warranties—To the extent AVI receives any warranties from a manufacturer on Equipment;it will pass them through to Customer to the full extent permitted by the terms of each warranty. Factory warranties vary by manufacturer,and no additional warranties are expressed or implied. 10. General Warranties—Each Party represents and warrants to the other that:(i)it has full right,power and authority to enter into and fully perform its obligations under this Agreement,including without limitation the right to bind any party it purports to bind to this Agreement;(ii)the execution, delivery and performance of this Agreement by that Party does not conflict with any other agreement to which it is a Party or by which it is bound,and (iii)it will comply with all applicable laws in its discharge of its obligations under this Agreement. AVI warrants,for a period of 90 days from Substantial Completion,the systems integration to be free from defects in workmanship. CUSTOMER WARRANTS THAT IT HAS NOT RELIED ON ANY Printed on July 2,2019 Page 11 of 13 RSA:918437 INFORMATION OR REPRESENTATION PROVIDED BY OR ON BEHALF OF AVI WHICH IS NOT EXPRESSLY INCLUDED IN THESE GENERAL TERMS AND CONDITIONS OR THE RETAIL SALES AGREEMENT.EXCEPT AS EXPRESSLY SET FORTH HEREIN.AVI DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE EQUIPMENT, MATERIALS AND SERVICES PROVIDED BY AVI, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON INFRINGEMENT AND TITLE. 11. Indemnification—Customer shall defend,indemnify and hold harmless AVI against all damages,claims, liabilities, losses and other expenses, including without limitation reasonable attorneys'fees and costs,(whether or not a lawsuit or other proceeding is commenced),that arise in whole or in part from:(a)any negligent act or omission of Customer, its agents,or subcontractors, (b)Customer's failure to fully conform to all laws,ordinances, rules and regulations which affect the Agreement,or(c)Customer's breach of this Agreement. If Customer fails to promptly indemnify and defend such claims and/or pay AVI's expenses,as provided above,AVI shall have the right to defend itself,and in that case,Customer shall reimburse AVI for all of its reasonable attorneys'fees,costs and damages incurred in settling or defending such claims within thirty(30)days of each of AVI's written requests. AVI shall indemnify and hold harmless Customer against all damages,claims,liabilities,losses and other expenses, including without limitation reasonable attorneys'fees and costs,(whether or not a lawsuit or other proceeding is commenced),to the extent that the same is finally determined to be the result of(a)any grossly negligence or willful misconduct of AVI,its agents,or subcontractors,(b)AVI's failure to fully conform to any material law,ordinance, rule or regulation which affects the Agreement,or(c)AVI's uncured material breach of this Agreement. 12. Remedies—Upon default as provided herein,AVI shall have all the rights and remedies of a secured party under the Minnesota commercial code and under any other applicable laws.Any requirements of reasonable notice by AVI to Customer, or to any guarantors or sureties of Customer shall be met if such notice is mailed,postage prepaid,to the address of the party to be notified shown on the first page of this Agreement(or to such other mailing address as that party later furnishes in writing to AVI) at least ten calendar days before the time of the event or contemplated action by AVI set forth in said notice.The rights and remedies herein conferred upon AVI,shall be cumulative and not alternative and shall be in addition to and not in substitution of or in derogation of rights and remedies conferred by the Minnesota commercial code and other applicable laws. 13. Limitation of Remedies for Equipment—AVI's entire liability and the Customer's sole and exclusive remedy in all situations involving performance or nonperformance of Equipment furnished under this Agreement,shall be the adjustment or repair of the Equipment or replacement of its parts by AVI,or,at AVI option,replacement of the Equipment. 14. Limitation on Liability—EXCEPT IN CIRCUMSTANCES INVOLVING ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT,THE TOTAL LIABILITY OF A AVI UNDER THIS AGREEMENT FOR ANY CAUSE SHALL NOT EXCEED(EITHER FOR ANY SINGLE LOSS OR ALL LOSSES IN THE AGGREGATE) THE NET AMOUNT ACTUALLY PAID BY CUSTOMER TO AVI UNDER THIS AGREEMENT DURING THE TWELVE(12) MONTH PERIOD PRIOR TO THE DATE ON WHICH AVI'S LIABILITY FOR THE FIRST SUCH LOSS FIRST AROSE. 15. No Consequential Damages—AVI SHALL NOT HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON OR ORGANIZATION FOR ANY INDIRECT,INCIDENTAL,CONSEQUENTIAL,EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY DESCRIPTION(INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR INTERRUPTION OF BUSINESS),WHETHER BASED ON CONTRACT,NEGLIGENCE, TORT,OR ANY OTHER LEGAL THEORY,REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. 16. Acceleration of Obligations and Default—Payment in full for all"Equipment,"which is defined as all goods identified in the section of the Agreement with the same title,as well for any and all other amounts due to AVI shall be due within the terms of the Agreement. Upon the occurrence of any event of default by Customer,AVI may,at its option,with or without notice,declare the whole unpaid balance of any obligation secured by this Agreement immediately due and payable and may declare Customer to be in default under this Agreement. 17. Choice of Law.Venue and Attorney's Fees—This Agreement shall be governed by the laws of the State of Minnesota in the United States of America without reference to or use of any conflicts of laws provisions therein. For the purpose of resolving conflicts related to or arising out of this Agreement,the Parties expressly agree that venue shall be in the State of Minnesota in the United States of America only,and,in addition,the Parties hereby consent to the exclusive jurisdiction of the federal and state courts located in Hennepin County,Minnesota in the United States of America and waive any right to assert in any such proceeding that Customer is not subject to the jurisdiction of such court or that the venue of such proceeding is improper or an inconvenient forum. The Parties specifically disclaim application(i)of the United Nations Convention on the International Sale of Goods, 1980, and(ii)of Article 2 of the Uniform Commercial Code as codified. In the event AVI must take action to enforce its rights under the Agreement,the court shall award AV]the attorney's fees it incurred to enforce its rights under this Agreement. 18. General—Headings are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The Parties acknowledge and agree that the Agreement has been negotiated by the Parties and that each had the opportunity to consult with its respective counsel,and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either Party based on draftsmanship of the Agreement. This Agreement is not assignable by Customer without the prior written consent of AVI.Any attempt by Customer to assign any of the rights,duties,or obligations of this Agreement without such consent is void.AVI reserves the right to assign this Agreement to other parties in order to fulfill all warranties and obligations expressed herein,or upon the sale of all or substantially all of AVI's assets or business.This Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of AVI, and variance from the terms and conditions of the Agreement in any order or other written notification from the Customer will be of no effect. If any provision or provisions of this Agreement shall be held to be invalid,illegal or unenforceable,the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.AVI is not responsible for any delay in,or failure to,fulfill its obligations under this Agreement due to causes such as natural disaster,war,emergency conditions,labor strike,acts of terrorism,the substantial inoperability of the Internet,the inability to obtain supplies,or any other reason or any other cause or condition beyond AVI's reasonable control. Except as otherwise stated in the Agreement,AVI is not obliged to provide any services hereunder for Equipment located outside the United States or Puerto Rico. Scheduled completion dates are subject to change based on material shortages caused by shortages in cable and materials that are industry wide. Printed on July 2,2019 Page 12 of 13 RSA:918437 19. Confidentiality. The term"Confidential Information"shall mean the inventions,trade secrets,computer software in both object and source code, algorithms,documentation,know how,technology,ideas,and all other business,customer,technical,and financial information owned by AVI or the Customer,which is designated as confidential,or communicated in such a manner or under such circumstances as would reasonably enable a person or organization to ascertain its confidential nature. All the Confidential Information of a party to this Agreement shall be maintained in confidence by the other party,and neither party shall,during the term of this Agreement or for a period of three(3)years subsequent to the termination of this Agreement, divulge to any person or organization, or use in any manner whatsoever,directly or indirectly,for any reason whatsoever,any of the Confidential Information of the other party without receiving the prior written consent of the other party. AVI and the Customer shall take such actions as may be reasonably necessary to ensure that its employees and agents are bound by the provisions of this Section,which actions shall,as may be reasonably requested by either party,include the execution of written confidentiality agreements with the employees and agents of the other party. The provisions of this Section shall not have application to any information that(i)becomes lawfully available to the public;(ii)is received without restriction from another person or organization lawfully in possession of such information,(iii)was rightfully in the possession of a party without restriction prior to its disclosure;or(iv)is independently developed by a party or its employees or agents without access to the other party's similar information. 20. Nonsolicitation•To the extent permitted by applicable law,during the term of this Agreement and for a period of one(1)year after the termination this Agreement,each Party agrees that it shall not knowingly solicit or attempt to solicit any of the other Party's executive employees or employees who are key to such Party's performance of its obligations under this Agreement("Covered Employees"). Notwithstanding the foregoing, nothing herein shall prevent either Party from hiring as an employee any person who responds to an advertisement for employment placed in the ordinary course of business by that Party and/or who initiates contact with that party without any direct solicitation of that person by that Party or its agents. 21. Price Quotations and Time to Install—AVI often installs systems at the end of a construction project. The price quoted contemplates that AVI shall have access to the location for the time shown for AVI to complete its work after the work of all other contractors is substantially complete which means,generally,all other trades are no longer generating dust in the location,and final carpeting/flooring is installed(the"Prepared Area") Failure to give AVI access to the Prepared Area for the amount of time shown for the installation may result in increased installation costs,typically in a manner proportionate to the reduction of time given to AVI to complete its work compared to the original schedule. 22. Price Quotations—Unless otherwise specified,all prices quoted reflect a discount for a cash payment(i.e.,check,wire transfer)made by Customer in full within the terms of each invoice. Payment in other forms,including credit card,p-card,or other non-cash payments shall be subject to a convenience above the cash price. Please speak to your AVI representative if you have any questions in this regard. Printed on July 2,2019 Page 13 of 13 AVI Systems,Inc.Proposal 918437 Fusion Center-Police Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. C3 5 Steve Streiffert Assistant Director, IT Solutions Department M&C Review Pagel of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTY I'VoRm COUNCIL ACTION: Approved on 6/4/2019 REFERENCE 13PAUDIO VISUAL EQUIPMENT DATE: 6/4/2019 NO.: **P-12337 LOG NAME: AND PROFESSIONAL SERVICES AD ITS CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize a Cooperative Purchase Agreement for Audio/Visual Equipment and Related Services with AVI Systems, Inc., in an Amount Up to$107,217.98 for the First Year and Authorize Four One-Year Renewal Options in an Amount Not to Exceed $4,660.00 Per Year for the Information Technology Solutions and Fort Worth Police Departments Using Grant Funds (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Purchase Agreement with AVI Systems, Inc., for the purchase of audio/visual equipment and related services in an amount up to$107,217.98 for the first year with four one-year renewal options in an amount not to exceed $4,660.00 per year using grant funds and using GSA Schedule GS-35F-0230X cooperative purchasing agreement for the Information Technology Solutions and Fort Worth Police Departments. DISCUSSION: The City of Fort Worth (City) Police Department is developing a Fusion Center to support a collaborative effort of two or more federal, state, local, tribal, or territorial government agencies that combines resources, expertise and information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend and respond to criminal or terrorist activity. State and major urban area fusion centers serve as focal points within the state and local environment for the receipt, analysis, gathering and sharing of threat-related information between federal and other government agencies and private-sector partners. This request is for the purchase and installation of a video wall, the mounting of fifteen televisions (not included in this request) displayed in three groups of five, and the purchase of video display and information sharing software to make the video wall and television groups interactive. This will increase the sharing capabilities between the proposed and developing Fort Worth Fusion Center and other police units or city departments in this region during investigations and emergency situations. This purchase is funded by the Homeland Security Grant Program- Urban Area Security Initiative 2018 Grant. The first year costs will be$107,217.98 and annual support costs for subsequent years will be $4,660.00. COOPERATIVE PURCHASE: State Law provides that a local government purchasing an item under a Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek competitive bids for purchase of the item. U.S. General Services Administration (GSA)contract schedules have been competitively bid to increase and simplify the purchasing power of government entities across the United States. PRICE ANALYSIS:The GSA Schedule contract offers fixed discounts. Staff reviewed pricing and determined it to be fair and reasonable. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26981&councildate=6/4/2019 7/2/2019 M&C Review Page 2 of 3 M/WBE: A MBE/SBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. SUCCESSOR CONTRACTS: To facilitate planning and budgeting, staff would prefer to have annual Agreements that align with the Fiscal Year. However, the GSA Schedule contract is out of alignment with the City's Fiscal Year and the current term of GSA Schedule GS-35F-0230X expires February 14, 2021. In order for this Agreement to align with the City' s Fiscal Year, adoption of this M&C technically authorizes (i) a series of Purchase Agreements, each of which will align to a term of the GSA Schedule contract to ensure legal authority exists for the contract, and (ii) an annual spend amount, future years of which would be subject to City Council appropriation. In the event that a Cooperative Agreement is not renewed, staff would cease purchasing at the end of the last Purchase Agreement coinciding with the valid Cooperative Agreement. If the City Council were to not appropriate funds for a future year, staff would stop making purchases when the last appropriation expires, regardless of whether the then current Purchase Agreement has expired. The City will initially use GSA Schedule No. GS-35F-0230X to make purchases authorized by this M&C. As noted, GSA Schedule GS-35F-0230X expires February 14, 2021. If the GSA Schedule is extended, this M&C authorizes the City to purchase similar products and services under the extended contract. If the GSA Schedule is not extended, but GSA executes a new cooperative agreement with AV[ Systems, Inc. with substantially similar terms as GSA Schedule GS-35F-0230X, this M&C authorizes the City to purchase the products and services under the new GSA Schedule contract. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM: The initial term of this Agreement shall commence upon Council' s approval and shall expire 12 months following, with four one-year options to renew. RENEWAL OPTIONS: This Agreement may be renewed for additional terms according to the cooperative agreement at the City's option, up to a maximum of four annual options to renew. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Grants Operating Federal Fund. Prior to an expenditure being made, the Information Technology Solutions Department has the responsibility to validate the availability of funds. This is a reimbursement grant. BQN\GS-35F-0230X\AD TO Fund ; Departmenty Account Project Program Activity Budget j Reference# Amount j _ ID ID1_ Year (Chartfield 2) FROM __ _ Fund Department Account I Project Program j Activity Budget Reference# _ Amount _ ID _ ID l i Year (Chartfield 2) 21001 0360420 5610109 i101944 j 680 i $107,217.98' Submitted for City Manager's Office by: Susan Alanis (8180) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26981&councildate=6/4/2019 7/2/2019 M&C Review Page 3 of 3 Originating Department Head: Kevin Gunn (2015) Cynthia Garcia (8525) Additional Information Contact: Anabelle Dunn (7648) ATTACHMENTS AVI Systems Form 1295 signed (002) Redacted.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26981&councildate=6/4/2019 7/2/2019