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HomeMy WebLinkAboutContract 57114 FoRTWORTH CSC No.57114 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by and between Infinity Sound LTD("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: l. This Cooperative Purchase Agreement; 2. Exhibit A — Infinity Sound Quote 12984; 3. Exhibit B — BuyBoard 655-21;and 4. Exhibit C—Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount of One Hundred Thousand and 00/100 dollars ($100,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall be effective beginning on the date signed by the Assistant City Manager below ("Effective Date") and ending on November 30, 2022. City shall be able to renew this agreement for two (2) one-year options by written agreement of the parties. Vendor agrees that City shall, until the expiration of three (3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books,documents, papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: OFFICIAL RECORD CITY SECRETARY Cooperative Purchase FT.WORTH, TX To CITY: To VENDOR: City of Fort Worth Infinity Sound, LTD Attn: Valerie Washington, Assistant City ATTN: Legal Department Manager 805 W. Carrier Pkwy., Suite 200 200 Texas Street Grand Prairie, TX 75050 Fort Worth, TX 76102-6314 Facsimile. 972-206-0029 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address IP Indemnification. Vendor agrees to indemnify, defend,settle, or pay, at its own cost and expense, including the payment of atorney's fees, any claim or action against the City for infringement of any patent,copyright,trade mark,service mark,trade secret,or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with the Agreement, it being understood that the agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement,negotiations,or lawsuit as necessary to protect the City's interest,and City agrees to cooperate with Vendor in doing so.In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under the Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,Vendor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under the Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall,at its own expense and as City's sole remedy,either: (a)procure for City the right to continue to use the Deliverable(s); or(b)modify the Deliverable(s)to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or(c)replace the Deliverable(s)with equally suitable,compatible,and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate the Agreement,and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. Cooperative Purchase Page 2 of 26 Data Breach. Vendor further agrees that it will monitor and test its data safeguards from time to time, and further agrees to adjust its data safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring. If Vendor suspects or becomes aware of any unauthorized access to any financial or personal identifiable information ("Personal Data") by any unauthorized person or third party,or becomes aware of any other security breach relating to Personal Data held or stored by Vendor under the Agreement or in connection with the performance of any services performed under the Agreement or any Statement(s)of Work("Data Breach"), Vendor shall immediately notify City in writing and shall fully cooperate with City at Vendor's expense to prevent or stop such Data Breach. In the event of such Data Breach, Vendor shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. Vendor will defend, indemnify and hold City, its Affiliates, and their respective officers,directors,employees and agents, harmless from and against any and all claims, suits,causes of action,liability,loss,costs and damages, including reasonable attorney fees,arising out of or relating to any third party claim arising from breach by Vendor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of City. All Personal Data to which Vendor has access under the Agreement,as between Vendor and City,will remain the property of City. City hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for Vendor to carry out its duties and responsibilities under the Agreement, any applicable Statement(s) of Work,or as required by law. Vendor will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under the Agreement, unless authorized in writing by City. Vendor's obligation to defend,hold harmless and indemnify City shall remain in full effect if the Data Breach is the result of the actions of a third party. All Personal Data delivered to Vendor shall be stored in the United States or other jurisdictions approved by City in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of City. Cooperative Purchase Page 3 of 26 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person By: Valerie Washington(Feb 15,202213:42CST) responsible for the monitoring and administration Name: Valerie Washington of this contract, including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Feb 15,2022 �%%V-jJqn� APPROVAL RECOMMENDED: By: Alex Varghese(Feb 15,202210:48 CST) Name. Alex Varghese Title: Sr. IT Solutions Manager By: APPROVED AS TO FORM AND LEGALITY: Name: Kevin Gunn Title: IT Solutions Director ATTEST: By: Name: Taylor Paris ��4n4an�Il a Title: Assistant City Attorney .7Gt`I`IG��G GDOGrGIGG as F°Rr o p o�°°°°°°°°° By: JannetteS.Goodall(Feb 16,202207:41CST) ,�o0 oGp�d CONTRACT AUTHORIZATION: Name: Jannette Goodall 00vo o=v M&C: NIA Title: City Secretary P� o ad ° as °°°°° VENDOR: atl nEXASaap Infinity �Twuil By: Nam e• � , tf �p) Titlee} %� Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchase Page 4 of 26 Exhibit A Vendor Quote Cooperative Purchase Page 5 of 26 QUOTATION 12984 INFINITY INFINITY SOUND,LTD. AUD10.VIDEO•LIGHT 805 WEST CARRIER PKWY 0200 GRAND PRAIRIE,TX 75050 PH. 972.2"01 PROJECTOR REPAIR FAX 072.206-0029 COMPANY- Fort Worth Public Safety PROJEcTSITE Fort Worth Public Safety DATE January 31,2022 Training Center Training Colter ADDRESS 505 West Felix Street ADDRESS 505 West Felix Street EXPIRY DATE March 2,2022 Fort Worth,TX 7111115 Fort Worth,TX 76115 SAXES REP Jennifer Anderson PHONE (972)208-0001 CONTACT Stephen Ballard jandersononlinity-sound-com PHONE Buy Board 9 655-21 EMAr. Stephen.Baltard@fortworthtsxas,gov Buir Board 957&18 COMMENTS'. ISL 1.00 CUSTOM RepairSC4348084 $751.88 $751.88 'SL 1.00 CUSTOM Repair SC4418048 $541.45 $541.45 ISL 2.00 NON-WARRANTY BILLABLE SERVICE LABOR $150.00 Sava 00 ISL 1.00 FREIGHT FREIGHT $20588 S2M 08 $1,799.21 Our Terms of Sale are 30 days NET from invo as.Due to circumstances beyond our control,pricing is PROJECT SUBTOTAL, Si 799.21 good for 30 days from date above.All systems shall be warranted by Infinity Sound.Ltd,for a period of one year upon date of anal Completion and customer acceptance. No work will begin prior to fa 00 receipt of signed quote,or purchase order Raceway systems.Conduit and Bores,AC power and PROJECT TOTAL: f1,799.21 access throughout any Inaccessible areas shall be provided as required by electrical contractor or customer appointed personnel.Special back boxes we be provided by Infinity Sound,Ltd.Items listed are subject to change based on manutacturing model changes and availability. IF YOU WISH TO ACCEPT THIS PROPOSAL AND RELATED STATEMENT OF WORK,PLEASE SIGN AND RETURN BUYER: BUYER DATE: 1PtIk N.mn SIGNATURE P,kdtd o 7f rAW Ppr 1 or 2 Cooperative Purchase Page 6 of 26 N F I N ITY QUOTATION 12984 INFINITY SOUND,LTD. AUDIO•VIDEO•LIGMT 005 WEST CARRIER PKWY.SM GRAND PRAIRIE.TX 75050 PH. 972-205-0001 PROJECTOR REPAIR FAX972.206-0029 COMPANY Fort Worth Public Safety PRQXcTS TE Fort Worth Public Safety DATE January 31,2022 Training Center Training Center AcDREss 505 West Felix Street ADDRESS 505 West Felix Street ExwRY DATE March 2,2022 Fort Worth,TX 79116 Fort Worth,TX 76115 BALES REP Jennifer Anderson PHONE (972)206-MI CONTACT Stephen Ballard landemonainf{nity-sound.com PHONE Buy Board 0 555.21 EMAIL Stephan.Bapard@fortwo►thtexas.goy Buy Board 0575.15 COMMENTS: SCOPE OF WORK Repair of two Panasonic Projectors P,kmedon2jI-2= fto a7 Cooperative Purchase Page 7 of26 Exhibit B Vendor Coop Infinity Sound LTD BuyBoard 655-21 Infinity Sound Ltd. I Details I Vendors I Shop Bu Board Cooperative Purchase Page 8 of 26 DWBoarcr P.O.Box 400,Austin.T.Ka.,8T87 800.495.2919-Info®buyboard.com-buyboaM.com July 29,2021 Sent Via Email:jhawley0inflnity-sound.co n Jerry Hawley Infinity Sound,Ltd. 805 W N Carrier Pkwy Suite 220 Grand Prairie,TX 75050 Welcome to BuyBoard! Re:Nobce of The Local Govemnwt Purchasing CoopefatIm ContrartAwafd;Proposal Invitation No. 655-21 for Stage and Theater Curtains,Lighting,Sound Systems,and Supplies Congratulations,The Loral Government Purchasing Cooperative(Cooperative)has awarded your company a BuySoard®eontrad based on the above-referenced Proposal Invitation.The contract is effective for an initial one-year berm of December 1,2021 through November 30,2022 and may be subject to two possible one-year renewals.Please refer to the Proposal Invitation for the contract documents,including the General Terms and Conditions of the Contract. To review the items your company has been awarded, please review Proposal Tabulation No.655-21 at: www.buyboard.eom/vendor.Only items marked as awarded to your company are included in this contract award,and only those awarded items may be sold through the BuyBoard contract. All sales must comply with the contract berms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catalog(s).You are reminded that, In accordance with the General Terms and Conditions, all purchase orders must be processed through the BuyBoard. Except as expressly authorized in writing by the Cooperative's administrator,you are not authorized to process a purchase order received directly from a Cooperative member that has not been processed through the BuyBoard or provided to the Cooperative.If you receive a purchase order directly from a Cooperative member that you have reason to believe has not been received by the Cooperative or processed through the BuyBoard,you must promptly forward a copy of the purchase order by email to infoobuyboard.00m. A list of Cooperative members is available on the buyboard.com website.The BuyBoard vendor relations staff will be contacting you to assist with the resources available and to provide any support you may need as an awarded BuyWard vendor. On behalf of the Cooperative,we appreciate your interest in the Cooperative and we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919(select option"2"). Sincerely, Arturo Salinas Asst.Division Director,Cooperative Purchasing Texas Association of School Boards,Inc., Administrator for The Local Government Purchasing Cooperative �.az.oi Maxi Hndur»d by f' TASAVO Cooperative Purchase Page 9 of 26 Board r \mti, ul lich—] ,y�,y„"„�ry.,e„ Endastxl by'NSM' &v,Js A+wnmion July 29,2021 Sent Via Email:jhawley@inflntty-sound.com Jerry Hawley Infinity Sound,Ltd. 805 W N Carrier Pkwy Suite 220 Grand Prairie,TX 75050 Welcome to BuyBoardl Re: A to ofNaL ww1 Ptm1 sing Cogp&vUveAward,Proposal invitation No.655-21,Stage and Theater Curtains,Lighting, Sound Systems,and Supplies Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoardS contract based on the above-referenced Proposal Invitation. The contract Is effective for an initial one-year term of December 1,2021 through November 30,2022 and may be subject tD two possible one-year renewals. Please refer to the Proposal Invitation for the contract documents,Including the National Purchasing Cooperative Vendor Award Agreement and General Terms and Conditions of the Contract To review the items your company has been awarded, please review Proposal Tabulation No. 655-21 at www.buvboard.00mlverld2r.Only Items marked as awarded to your company are included In this contract award,and only those awarded Items may be sold through the BuyBoard contract All sales must comply with the contract terms and must be at or below the awarded pricing as set forth in the General Terms and Conditions. The contract will be posted on the BuyBoard website as an online electronic catak)g(s). You are reminded that;, in accordance with the General Terms and Conditions,all purchase orders from National Cooperative members must be processed through the BuyBoard.Except as expressly authorized In writing by the Cooperative's administrator, you are not authorized to process a purchase order received directly from a National Cooperative member that has not been processed through the Ot"oard or provided to the cooperative.If you receive a purchase order directly from a National Cooperative member that you have reason tD belleve has not been received by the National Cooperative or processed through the BuyBoard,you must promptly forward a copy of the purchase order by e-mail to WhObuyboard.com A list of National Cooperative members is avaiable on the buyboard.com website.The BuyBoard vendor relations staff will be contacting you to assist with resources available and provide any support you may need as an awarded BuyBoard vendor. On behalf of the National Cooperative,we are looking forward to your partidpation In the program. If you have any questions, please contact CMoerstive Procurement Staff at 800-695-2919(select option"2 ). Sincerely, Arturo Salinas,Asst.Division Director,Cooperative Purchasing Texas Association of School Boards,Inc., Procurement Administrator for the National Purchasing Cooperative v.02.012021 %%aft No P0:Box 400,Austi Texas 78767.0400 800.695.29f9•buyboard.com Cooperative Purchase Page 10 of 26 - AFjoard 12007 Research Boulevard•Austin,Texas 78759.2439.PH:OW-695.2919 huytRaw-com PROPOSER's ACCEPTANSE AND AGREEMENJ proposal Inyltatlon Name:Stage and Theater Proposal Due Date/Opening Date and Time: Curtains,Lighting,Sound Systems and Supplies May 27,2021 at 4:00 PM Location of Proposal Opening: Texas Association of School Boards,Inc. BuyBoard Department Proposal Invitation Number: 655-21 12007 Research Blvd. Austin,TX 78759 Anticipated Copporative ftfid Meeting-Date: Contract Term:December 1,2021 through July 2021 November 30,2022 with two possible one-year renewals. By signature below, the undersigned acknowledges and agrees that you are authorized to submit this Proposal,Including making all acknowledgements,consents,and certifications herein,on behalf of Proposer and,to the best of your knowledge,the Information provided/s true,accurate,and complete. Infinity Sound 5-27-2021 Name of Proposing Company Date 805 w. Carrier Pkwy #200 41�" Street Address Signature of Authorized pony Official Grand Prairie, TX 75050 Max Curry City,State,Zip Printed Name of Authorized Company Offidal 972-206-0001 President Telephone Number of Authorized Company Official Position or Title of Authorized Company Official 972-206-0029 20-0631289 Fax Number of Authorized Company Official Federal ID Number Page 10 of 72 hypo f Fames CCMPJS%15+V3M 2029 Cooperative Purchase Page I 1 of 26 A: W,Board- 12007 Research Boulevard•Austin,Texas 78759-2439•PH:800 695-2919' buvbaard.com COMPLIANCE FORMS SIGNAURE PAGE By Initialing pages and by signature below, I certify that I have reviewed the following forms; that the information provided therein is true, complete, and accurate; and that I am authorized by my company to make all certifications, consents, acknowledgements,and agreements contained herein: ■ Proposal Acknowledgements • Felony Conviction Disclosure • Debarment Certification • Resident/Nonresident Certification • Vendor Employment Certification • No Israel Boycott Certification ■ No Excluded Nation or Foreign Terrorist Organization Certification • Historically Underutilized Business Certification • Construction-Related Goods and Services Affirmation • Acknowledgement of BuyBoard Technical Requirements Deviation and Compliance • Vendor Consent for Name Brand Use ■ Confldential/Proprietary Information • EDGAR Vendor Certification Infinity Sound 7twe LAuthorizjj(pany Official Max Curry Printed Name and Title 5/27/2021 Date Page 24 of 72 hapaW rom4(.~Va..a)ALM L Cooperative Purchase Page 12 of 26 gvgoard 12007 Research Boulevard•Austin,Texas 78759-2479-PH!800-695.2919• lip board. VENDOR CONTACT INFORMATION Pmnosat/Contract Contact: Vendor Proposal/Contract Contact Name, Jerry Hawley _ Vendor Proposal/Contract Contact E-mail Address- Jhawley@infinity-sound.com Vendor Contact Mailing Address for Propose+/Contract Notices: 805 W. Carrier Parkway Grand Prairie, TX 75050 CompanyWebsite: https�//www.infinity-sound.com/ Purchase Orders Contact Information: All Purchase Orders from Cooperative members will be available through the Internet.Vendors need Internet access and at least one e-mail address so that notification of new orders can be sent to the Internet contact when a new purchase order arrives.An information guide will be provided to Vendors to assist them with retrieving their orders. Please select options below for receipt of Purchase Orders and provide the requested information: E) 1 will use the Internet to receive Purchase Orders at the following address: Purchase Order Email Address: jhawley@infinity-sound.com Purchase order Contact: Jerry Hawley Phone: 972-206-0001 X111 Alternate Purchase Order E-mail Address: Janderson@infinity-sound.com Alternate Purchase order Contact: Jennifer Anderson Phone: 972-206-0001 x115 ❑ Purchase Orders may be received by the Designated Dealer(s)identified on my company's Dealer Designation form as provided to the Cooperative administrator. 1 understand that my company shall remain responsible for the Contract and the performance of all Designated Dealers under and in accordance with the Contract. ggquest for Quotes("RFO"): Cooperative members will send RFQs to you by a mail. Please provide email addresses for the receipt of RFQs: RFQ E-mail Address: Jhawley@infinity-sound.com RFQ contact: Jerry Hawley Phone: 972-206-0001 X111 Aitemate RFQ Email Address: Janderson@infinity-sound.com Alternate RFQ Contact: Jennifer Anderson Phone: 972-206-0001 X115 Page 26 of 72 f.v*Wl Frymi pDFIM/SMCS r 01A5.1021 Cooperative Purchase Page 13 of 26 Board' me 12007 Research 8oulevard•Austin,Texas 78759-2439 -PH:800 695-2919• huy board.co b(P The Cooperative strives to provide Cooperative members with the best services and products at the best prices available from Vendors with the technical resources and ability to serve Cooperative members. Please respond to the following questions. 1. Provide the dollar value of sales to or through purchasing Cooperatives at or based on an established catalog or market price during the previous 12-month period or the last fiscal year: $647483.93 . (The period of the 12-month period is 5.20 /5.21 ). In the event that a dollar value Is not an appropriate measure of the sales,provide and describe your own measure of the sales of the item(s). 2. By submitting a proposal, you agree that, based on your written discounting policies, the discounts you offer the Cooperative are equal to or getter than the best price you offer other purchasing cooperatives for the same items under equivalent circumstances. 3. Provide the Information requested below for other purchasing cooperatives for which Proposer currently serves,or In the past has served,as an awarded vendor. Rows should be added to accommodate as many purchasing cooperatives as required. 1.Federal General Services Administration N N _ 2.T-PASS(state of Texas) N N 3.OMNIA Partners N N 4.Sourceweli(NIPA) N N 5.E&I Cooperative N N 6.Houston•Gelveston Area Council(HGAC) N N 7.Choice Partners N N 8.The Interlocal Purchasing System(TIPS) N N 9.Other 0 MY COMPANY DOES NOT CURRENTLY HAVE ANY OF THE ABOVE OR SIMILAR TYPE CONTRACTS. CURRENT BUYBOARD VENDORS If you are a current BuyBoard vendor in the same contract category as proposed in this Proposal Invitation, indicate the discount for your current BuyBoard contract and the proposed discount In this Proposal. Explain any difference between your current and proposed discounts. Current Discount(%): 15 Proposed Discount(%): 15 Explaodga: NO CHANGE v -- Pine 28 or 72 hoPOW Fom S COM"5W-S-.0)0111011 Cooperative Purchase Page 14 of 26 BoaCoMrd' Inc 12007 Research Boulevard'Austin,Texas 78759.2439•PH.800.695-2919•FAX:800.211-5454•buvboard.0 NAMNAL PURCHASING COOPERM9 VENDOR AWARD AG M--MEM In accordance with the Terms and Conditions associated with this Proposal Invitation,a contract awarded under this Proposal Invitation may be "piggy-backed" by another governmental entity. The National Purchasing Cooperative is an intergovernmental purchasing cooperative formed by certain school districts outside of Texas to serve Its members throughout the United States. If you agree to be considered for a piggy-back award by the National Purchasing Cooperative,you agree to the following terms and agree to serve National Purchasing Cooperative members in the states you have Indicated on the State Service Designation form,In your Proposal. By signing this form,Proposer(referred to in this Agreement as"Vendor")agrees as follows- 1. Vendor acknowledges that If The Local Government Purchasing Cooperative ("Texas Cooperative") awards Vendor a contract under this Proposal Invitation("Underlying Award"),the National Purchasing Cooperative("National Cooperative") may-but is not required to-"piggy-back"on or re-award all or a portion of that Underlying Award("Piggy-Back Award"). By signing this National Cooperative Vendor Award Agreement("Agreement"),Vendor accepts and agrees to be bound by any such Piggy-Back Award as provided for herein. 2.In the event National Cooperative awards Vendor a Piggy-Back Award,the National Cooperative Administrator("BuyBoard Administrator')will notify Vendor in writing of such Piggy-Back Award,which award shall commence on the effective date stated in the Notice and end on the expiration date of the Underlying Award, subject to annual renewals as authorized in writing by the BuyBoard Administrator.Vendor agrees that no further signature or other action is required of Vendor In order for the Piggy-Back Award and this Agreement to be binding upon Vendor. Vendor further agrees that no intedineations or changes to this Agreement by Vendor will be binding on National Cooperative, unless such changes are agreed to by its BuyBoard Administrator in writing. 3. Vendor agrees that it shall offer Its goods and services to Nationat Cooperative members at the same unit pricing and same general terms and conditions,subject to applicable state laws In the state of purdiase,as required by the Underlying Award. However,nothing In this Agreement prevents Vendor from offering National Cooperative members better(i.e.,lower) oompetitive pricing and more favorable terms and conditions than those in the Underlying Award. 4.Vendor hereby agrees and confirms that it will serve those states It has designated on the State Service Designation Form of this Proposal Invitation. Any changes to the states designated on the State Service Designation Form must be approved In writing by the BuyBoard Administrator. S. Vendor agrees to pay National Cooperative the service fee provided for In the Underlying Award based on the amount of purchases generated from National Cooperative members through the Piggy-Back Award. Vendor shall remit payment to National Cooperative on such schedule as it specifies(which shall not be more often than monthly). Further,upon request, Vendor shall provide National Cooperative with copies of all purchase orders generated from National Cooperative members, vendor invoices,and/or such other documentation regarding those purchase orders as the Cooperative's administrators may require In their reasonable discretion for purposes of reviewing and verifying purchase activity.Vendor further agrees that National Cooperative shall have the right,upon reasonable written notice,to review Vendor's records pertaining to purchases made by National Cooperative members in order to verify the accuracy of service fees. 6. Vendor agrees that the Underlying Award,Including its General Terms and Conditions,are adopted by reference to the fullest extent such provisions can reasonably apply to the post-proposal/contract award phase.The rights and responsibilities that would ordinarily inure to the Texas Cooperative pursuant to the Underlying Award shall Inure to National Cooperative; and,conversely,the rights and responsibilities that would ordinarily Inure to Vendor in the Underlying Award shall inure to Vendor in this Agreement.Vendor recognizes and agrees that Vendor and National Cooperative are the only parties to this Agreement,and that nothing In this Agreement has application to other third parties,Including the Texas Cooperative.In the event of conflict between this Agreement and the terms of the Underlying Award,the terms of this Agreement shall control, and then only to the extent necessary to reconcile the conflict. hopasr ro. cawmK$v 03.01.2021 Page 32 of 72 Cooperative Purchase Page 15 of 26 A:V,Boarff 12007 Research Boulevard I Austin,Texas 78759.2439•PH:Boo-695-2919•FAX:800-211.5454•buyboard.com 7. This Agreement shall be governed and construed in accordanoe with the laws of the State of Rhode Island and venue for any dispute shall lie in the federal district court of Alexandria,Virginia. 8. Vendor acknowtedges and agrees that the award of a Piggy-Back Award Is within the sole discretion of National Cooperative,and that this Agreement does not take effect unless and until National Cooperative awards Vendor a Piggy-Back Award and the BuyBoard Administrator notifies Vendor in writing of such Piggy-Back Award as provided for herein. WHEREFORE, by signing below Vendor agrees to the foregoing and warrants that it has the authority to enter Into this Agreement. Infinity Sound 655-21 Naro of Yen r Proposal Invitation Number Max Curry/President Signature of Auftrize-A Co ny Official Printed Name of Authorized Company Official 5/27/2021 Date PMpMi rapt[OrrySKS•01011021 Page 33 of 72 Cooperative Purchase Page 16 of 26 infinity Sound, Ltd. #nformatlon Address: 805 W N Cancer Pkwy Suite 220 Grand Prairie,TX 75050 Phone: (972)20f3-0001 Fax: (972)206-0029 Web Address: www.infintty-sound.00m By submitting your response,you certify that you are authorized to represent and bind your company. Max Curry ihawle infra' sound.com Signature Ems# Submitted at&27/20219:45,13 AM Requested Attachments BuyBoard Proposal Invitation No.655-21 for Stage and Theater Curtains, Lighting, BuyBoard propoi Sound Systems and Supplies REQUIRED-In PDF formal,upload all proposal Invitation documents available for download at vendor.buyboard.com I necessary.(Please DO NOT password protect uploaded files.) Catalog/Pricelist Infin REQUIRED-In PDF format,upload cataloglpricelist in proposal invitation instructions.File size must not exceed 1 OOMI uploaded files.) Detailed Information and Exceptions Related to Discount and/or Hourly Labor Rate to PDF format,define the services that are proposed to be provided and attach detailed information including exceptio NOTE:IF DETAILED INFORMATION IS NOT SUBMITTED,PROPOSAL MAY NOT BE CONSIDERED.(Please DO NOT Company Profile INFINITY SOU Information on awarded Cooperative Contracts Is available to Cooperative Members on the BuyBoard websfte. If your c under this Proposal Invitation,please provide a brief company description that you would like to have included with yoL websits,Submit your company profile In a separate file,in Word format,with your Proposal.(Note:Vendor Is solely res Inclusion on the BuyBoard website.The Cooperative reserves the right to exclude or remove any content In Its sole dis Ind uding but not limited to any content deemed by the Cooperative to be Inappropriate, Irrelevant to the Contract,inac IRS Form W-9 Request for Taxpayer Identification Number and Certification REQUIRED-In PDF format,upload W-9 form.(Please DO NOT password protect uploaded flies.) Response Attachments ^ lnfinity-Logo(White)for buy board.png Company Logo Bid Lines Yrge 3 of 9 pmu Valor ky Smw4 Lod 655-21 Cooperative Purchase Page 17 of 26 1 Discount(%)off cataloglprlc Curtains and Related Accessories. Item Notes: Vendors proposing various manufacturer product lines per 1:no Item on the Proposal Specification Form must submit the it not be considered' • Manufacturers shall be listed In alphabetical order • Vendors must list one specific percentage discount for each Manufacturer listed. Item Attributes _ 1. State Name of Catatog/Pricelist Stage and Theater Supely 2 1goon I!Stage and Theater Curtains,Lighting.Bound MoMms and Aupalm-Discount(%)off catalog/pi Rigging Systems and Related Attachments. Item Notes:Vendors proposing various manufacturer product lines per line Item on the Proposal SpecMcatlon Form must submit the not be considered: . Manufacturers shall be listed in alphabetical order . Vendor's must list one specific percentage discount for each Manufacturer listed. Item Attributes _ 1. State Name of Catalog/Pricellat Stage and Theater Supply Psp 4 of 9 pegs Vwdor M"SOW4 La 635-21 Cooperative Purchase Page 18 of 26 S Section I:Stags and Theater Curtains,Lighting,Sound§Yatams.and Supplles-Discount(%)off catalog/pi Dimmingli-lighting Systems and Related Attachmente. Item Notes: Vendors proposing various manufacturer product lines per line Rem on the Proposal Specification Form must submit thr not be considered: . Manufacturers shall be listed In alphabetical order . Vendor's must list one specific percentage discount for each Manufacturer listed. Item Attributes 1. State Name of CataloglPricelist Sta a and Theater Supply 4 -Discount(%)off catalog/pi Sound and Public Address Systems and Related Equipment. Item Notes: Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit th not be considered: • Manufacturers shell be listed in alphabetical order e Vendor's must list one spech1c percentage discount for each Manufacturer listed. Item Attributes _ 1. State Name of CataloglPricellst Stage and Theater Supply Per 5 of 9 pm a Vadw Mnty SmrA led 655-21 Cooperative Purchase Page 19 of 26 5 Section I:Mean and Thgatar Cummins,Lighting,Sound Systems and SuRWM-Discount(%)off cateloglpi Flooring Systems and Related Accessories(sprung.vinyl rollout and other stage floors). Item Notes: Vendors proposing various manufacturer product lines per line item on the Proposal Specification Form must submit th not be considered: . Manufacturers shall be listed In alphabetical order + Vendor's must list one specific percentage discount for each Manufacturer listed. Item Attributes 1. State Name of CataloglPricelist No response Section la Staos and Theater Curtains,Lighting.Sound fiy&tams and Supoll 6 -Discount(%)off catalog/pi and Public Address Systems and Related Equipment Item Notes Vendors proposing various manufacturer product lines per line item on ft Proposal Specification Form must submit thi not be considered • Manufacturers shal, be listed In alphabetical order is Vendor's must list one specific percentage discount for each Manufacturer listed. Item Attributes 1. State Name of CatatoglPrlceliat stage and Theater Supply Pop 6 of 9 p Vm Vendor kfkdy S=4 l.rd 655-21 Cooperative Purchase Page 20 of 26 T -Discount(%)off cateloglp Stage,Sound Supplies and Equipment. Item Notes: Vendors proposing various manufacturer product lines par line Rem on the Proposal Specification Form must submit tht not be considered: • Manufacturers shall be listed in alphabetical order • Vendor's must list one specific percentage discount for each Manufacturer listed. Item Attributes 1. State Name of CataloglPricelist Stage and Theater Supply Section to Stage and Theater Curtains.LightlDa.fjound Sylbrilis and Supplies 8 -Discount(%)off catelog/p. Stage,Sound Repair Parts. Item Notes: Vendors proposing various manufacturer product lines per line Rem on the Proposal Specification Form must submit thr not be considered: • Manufacturers shall be listed in alphabetical order • Vendor's must list one specific percentage discount for each Manufacturer listed. Item Attributes 1. State Name of CataloglPrlcelist FSV go and Theater Supply PW 7 of 9 p" Veder Many Sword,M 655-21 Cooperative Purchase Page 21 of 26 9 -Discount(%)off catalog/pi Stage,and Sound Products. Item Notes: Vendors proposing various manufacturer product lines per line Rem on the Proposal Specification Form must submit thi not be considered: • Manufacturers shall be listed in alphabetical order • Vendor's must list one specific percentage discount for each Manufacturer listed. Item Attributes 1.State Name of CataloglPrlcelist Stage and Theater Supply 1 Q -Discount(%)off catalog/p, Safety Inspections(rigging and safety inspections,fall protection,safety plans,training and related services)_ Item Notes:Vendors proposing various manufacturer product lines per line Rem on the Proposal Specification Form must submit the not be considered: • Manufacturers shall be listed in alphabetical order • Vendors must list one specific percentage discount for each Manufacturer listed. Item Attributes 1.State Name of CateloglPrlcelist Stage and Theater Supply 1 1 AWIon II:Installation and Repair Servlce-Hourly Labor Rate for Installation/Repair Service of Stage an Include Stage Curtains,Stage tagging,Stage DimmingUhting Systems,Stage Sound Systems/Public Address Systems)and Related Items--Not to Excwd hourly labor rate for Installation/Repair Service of Equipment ant Quantity: 1 UOM: Hour Price: $15C Fege B or9 pww Vedw rdtmty SMWA La 655-21 Cooperative Purchase Page 22 of 26 Altemate 1 SMams)and Relaftd Itims—Not to Exceed houdy labor rate kw InsWWkMfl3j=1r Service of WMent an Quantity: 1 UOM: Hour Price: T5 1 2 Section II:Installation andRaosir Service-Hourly Labor Rats for Installation/Repair Service of ArenalSta Address Systems—Not to Exceed hourly labor rate for Installation/Repair Service of Equipment and Products Quant4: 1 UOM: Hour Price: 15C Altemate 1 Section fi: Installption and Repair Service.Hourly Labor Rate f2r Installationlikepair Service of A Address A)mjenm—Nat to Examd houdy labor rate fbr InstallaUon/Repair Serylce of eQUpment and Products Quantity: 1 UOM: Hour Price: 75 Pee 9 ON peso Vadur wduty Sand,Ltd 655-21 Cooperative Purchase Page 23 of 26 4') INFINITY 805 W.CARRIER PK11VY,STE 200 GRAND PRAIRIE,Tx 750501(972)206-OM 1 www.inftntty-sound.com Infinity Sound labor Rates and Discounts Detail SERVICE Infinity Sound's support team consists of customer support representatives and technical support representatives.Service Is the cornerstone of Inflnity Sound's existence.Infinity Sound's Success is measured In the relationships we have maintained over the years with our customers and our regard as a first-In-class solution provider In the field of audiovisual systems Integration. • BuyBoard Discount of(Minimum)IS%from posted$150 rate. • Infinity Sound has a dedicated service coordinator to manage all service related calls. • Phone technical service Is available and will be provided when appropriate. • Service technicians will be dispatched within 24 hours. • Emergency service is available. Infinity Sound is proud to state that we have installed In excess of 1000 technical systems and we have maintained these to the satisfaction of every client INSTALLATION Infinity Sound specializes in delivering intelligent Theater based technology including Audio,Video,Theatrical Rigging,Theatrical Lighting and Curtain systems.Our engineering department and in-house Acoustician can look at any space and design a system that will function optimally while minimizing acoustical issues that could lead to intelligiblllty and quality degradation.Through our consultative communications with our customers we truly understand their needs and provide them with the right solution to help maximize their vision and mission. Infinity Sound strives to offer a design that focuses on reliability,ease of use and cost effectiveness.Our commitment to excellence has been acknowledged by AVIXA(formally Infocomm International)since 2016 as an AV Provider of Excellence(APEx), • BuyBoard Discount of(Minimum)15%posted$75.00 rate. • Dedicated Project Management for Installation. • CTS.CTS-I Certified Installation technicians. Factory Certified technicians. • Integrated Project Delivery System Cooperative Purchase Page 24 of 26 Exhibit C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This quesilonnalre reflects changes made to the law by H.B.23,Bath Log.,Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176 Local Government Code by a vendor who Data Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 179.0061a). By law this questionnaire must be filed with the records adrtvnistrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed See Section 176.006(a-1).Local Government Code A vendor commits an offense 0 the vendor knowingly violates Section 176.006.Local Government Code An offense under this section Is a misdemeanor 1 Name of vendor who has a business relationship with local governmental entity. 2 ❑ Check this box if you are tiling an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate Wing authority not later than the 71h business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 11 Name of local government officer about whom the Information Is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 1176.003(a)(2)(A). Also dascrlbe any family relationship with the local government officer. Complete subparts Aand B for each employment or business relationship described.Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving pr likely to receive taxable mein@ other than Investment Income,from the vendor? 0 Yes E-1 No B. Is the vendor receiving or-kely to receive taxable income other than Investment income,from or at the direction of the local government office,or a faulty member of the officer AND the taxable Income is not received from the local governmental entity? El Yes F-1 No s Describe each employment or business relationship thist the vendor rwimred in Section 1 maintains with a corporation or Other business entity with respect to which the local government officer serves srr an officer or director,or holds an ownership interest of one percent or more. 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(% excluding gifts described In Sect,on 176.003(a•1). 7 Signature of vw�or doing th the governmental entity ate Form provided by Texas Ethics Commiss on worn ethics.state.tx.us Revised I1r302015 Cooperative Purchase Page 25 of 26 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http:lAvww.statutes.leg is,state.tx.usl Docs/LG/htm/LG.176,htm.For easy reference,below are some of the sections cited on this form. Local Government Code f3 l7B.001(1-a):"Business relationship'means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available 10 the public:or (C) a purchase or lease of goods or services from a person that is chartered by a state or lederal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code A 176.003(a)(2)(A)and(B): (a) A local government officer shall file a con flicls disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,600 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed, or (li) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value o1 more than$100 in the 12-month period preceding the dale the officer becomes aware that: (i) a contract between the local governmental entity and vendor has bean executed;or (ti) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 6176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government off-cer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(Al; (2) has given a local government off cer of that local governmental entity,or a fami'-,y member of the officer,one or more gifts with the aggregate value specified by Section 176,003(a)(2)(B) excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh bus'ness day alter the later of (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposa s or bids.correspondence, or another writing related to a potent!al contract with the local governmental entity-,or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer or a family member of the officer,described by Subsection(a), (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer Form provided by Texas Ethics Commission www ethlcs.stare tx.us Revised I I I.W2015 Cooperative Purchase Page 26 of 26