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HomeMy WebLinkAboutCIM Audio Visual, Inc/Golf/149,604.06/AV System CIM Audio Visual,Inc. Brookshire Golf Course -2019 Appropriation#2017 LOIT Bond Fund;P.O.#34606 Contract Not To Exceed$149,604.06 QR44% AGREEMENT FOR PURCHASE OF GOODS AND SERVICES �\t/A0 7/ THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES ("Agreement") is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety("City"), and CIM Audio Visual, Inc., an entity duly authorized to do business in the State of Indiana("Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and/or services (the "Goods and Services") from Vendor using City budget appropriation number 2017 LOIT Bond funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than One Hundred Forty Nine Thousand Six Hundred Four Dollars and Six Cents ($149,604.06) (the "Estimate"). Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in conformance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and/or quotations regarding same as were provided to Vendor by City and/or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 1S:VContraasWrof.Sva&f:v,dc Svcs\Golf Course12019`C1M Audio Visual,Inc Goods and Smntts.don:9/17/2019 10:54 AM) 1 CIM Audio Visual,Inc. Brookshire Golf Course -2019 Appropriation#2017 LOIT Bond Fund;P.O.#34606 Contract Not To Exceed$149,604.06 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c)fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and/or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and/or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and/or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and/or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. [S:\Contracts\Prof.Svcs&Goods Svc&)olf Course\2019`,CIM Audio Visual,Inc Goods and Services.doc:9/17/2019 10.54 AM] 2 CIM Audio Visual,Inc. Brookshire Golf Course -2019 Appropriation#2017 LOIT Bond Fund;P.O.#34606 Contract Not To Exceed$149,604.06 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and/or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status. 12. E-VERIFY: Pursuant to I.C. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the "Indiana E-Verify Law"), Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, and to execute the Affidavit attached herein as Exhibit D, affirming that it is enrolled and participating in the E-verify program and does not knowingly employ unauthorized aliens. In support of the Affidavit, Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed, terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E- Verify program cease to exist. 13. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 14. NON-ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 15. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement [S:`Co,,U ctsProf.Svcs&Cmdc Svcs‘Ciolf Course\20191CIM Audio Visual,Inc G nd%and Savicu.doc:9/172019 10.54 AM] 3 CIM Audio Visual,Inc. Brookshire Golf Course -2019 Appropriation#2017 LOIT Bond Fund;P.O.#34606 Contract Not To Exceed$149,604.06 16. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 17. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 18. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: Brookshire Golf Course AND Douglas C. Haney, 12120 Brookshire Pkwy Corporation Counsel Carmel, IN 46033 Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: CIM Audio Visual, Inc. 1256 Washington Street Columbus, IN 47201 Notwithstanding the above, notice of termination under paragraph 19 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 19. TERMINATION: 19.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and/or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19.3 The City may terminate this Agreement pursuant to Paragraph 11 hereof, as appropriate. 1S:`Contracts\Prof.Svcs&Goods Svcs\Golf Coorse\2019\CIM Aodio Visual.Inc.Goods and Scvi«s.doc:9/I72019 10:54 AM] 4 CIM Audio Visual,Inc. Brookshire Golf Course -2019 Appropriation#2017 LOIT Bond Fund;P.O.#34606 Contract Not To Exceed$149,604.06 20. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent. 21. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 22. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 19 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2019 and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 23. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 24. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 25. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 26. DEBARMENT AND SUSPENSION 26.1 The Vendor certifies by entering into this Agreement that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any department, agency or political subdivision of the State of Indiana. The term "principal" for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Vendor. 26.2 The Vendor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Agreement and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Vendor shall immediately notify the City if any subcontractor becomes debarred or suspended, and shall, at the City's request, take all steps required by the City to terminate its contractual relationship with the subcontractor for work to be performed under this Agreement. [S:VCoutracMProf.Svcs&Goods Svcs\Golf Course 12019\C1M Audio Visual,Inc_Goods and Scvices.doc:9/172019 10:54 AM] 5 CIM Audio Visual, Inc. Brookshire Golf-Course -2019 Appropriation 112017 LOCI'Bond Fund;P.O.#34606 Contract Not To Exceed$149,604.06 27. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. 28. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA CIM Audio Visual, Inc. by and through its Board of Public Works and Safety By: :+ 1 , J Je1-- (fe -er\i—' ,mes Brainard, Presiding Officer Authorized Signature Date: DA-be 3', Ciftynn4/ Printed Name ary A Burke, Member Date: /f- -- T ze 51 c'oq, Title Lori S. Wat Member FID/TIN: -)-� _ 2 �% � 2 5 Ci_,> Date- V /ack ; Last Four of SSN if Sole Proprietor: ATTEST: Date: / U 2 �/7 >Jo Chri trTe-S. P. ley ct5�ir5U e WC' 1) ,&erk Date: O/ U cisr jib te er �/ J4 IS(..m...f14S...R G.d.S...r I(('..,,,, ,Chi A..1..\1aui.I,,.C...I aa.I&oi;r.•in 9.I L:UI9 111t4 AM, 6 Brookshire Golf Course AV Phase 2 City of Carmel 12120 Brookshire Pkwy Brookshire Golf Club Carmel, Indiana 46033 QUOTE NUMBER 174102-84591 Revision: 7 Modified: 8/8/2019 - �ti • , ,..., .. . - 1i ... 2'4 ..... .... . , .. r -11"--- ;:_, i.\\ivr7.4 . - . a/ti 1 _i'I :.r•. , _. " 'a i O- Ate' .r A--...-- .I,.�' _ - , - We "4 7 y '. y y 1• �— k Presented By: Account Manager: Rick Streb Designed By: Bill Scroggins CCS Presentation Systems . ._. 1256 Washington St Columbus, IN 47201-5722 United States - _ (800) 742-5036 https://ccsavpro.com -_ Prasenting Reiter Solutions https://ccsavpro.com Page 1 of 36 �� Exhibit COMPANY PROFILE Company Information Overview CIM Audio Visual, Inc. dba CCS Presentation Systems (CCS)was established in 1983. CCS is a leading audio/visual systems designer and integrator providing advanced communications products,support services and technology solutions for educational,governmental and corporate environments. Beyond offering state of the art products and services,we create strategic options to meet your unique needs and deliver the optimal communications environment. From system design to installation and product training to service and support programs,we connect our clients with customized end-to-end solutions that are scalable, reliable and, above all, simple to use. Past success has come from our highly experienced people taking the time to fully understand the needs of our customers to provide creative solutions—solutions that ensure superior results and enable our clients to effectively communicate. • CIM Audio Visual, Inc. dba CCS Presentation Systems is a corporation registered in the State of Indiana • CCS Presentation Systems is a Certified Audio Visual Solutions Provider(CAVSP)with over 50%of our technical employees being CTS, CTS-I or CTS-D certified. Mission Statement It is our mission to be UNIQUE;offering you visionary yet practical solutions. It is our duty to be KNOWLEDGEABLE; helping you to make the best decision concerning your needs. It is our responsibility to be DEPENDABLE;ensuring you success with daily operations requiring our products and services. CCS Engineers and Integration staff have many years of classroom and field experience. CCS integration staff keeps current with all our manufacturers' certifications as well as the Industry's governing body. 44GNNOL0,4 46.0,4O;pay • s {4pHNOt0Qyp i/(,ccomm 14 CTSD C.T� o W CTSl; 4F910.4 eNERP https://ccsavpro.com Page 2 of 36 Exhibit SCOPE OF WORK OUTDOOR PAGING OVERVIEW— CCS Presentation Systems will install two outdoor speaker horns mounted on the starter shack to cover the golf course. Two speakers will be mounted on a pole by the putting green. In the starter shack, a paging station will be installed to initiate pages throughout the facility. AUDIO — CCS Presentation Systems will provide a paging station to cover the facility. Two long throw horns will be installed on the guard shack to cover the golf course. Two speakers will be mounted on a pole by the putting green. The sources for these two zones will be: 1. Paging system 2. Sources from the headend equipment 3. Wireless microphone from the Banquet Room CONTROL— Control of the paging system will be via the button panel on the paging station in the starter shack. RESPONSIBILITIES— The customer will be responsible for adding network and power as directed by CCS Presentation Systems. Any and all cutouts in furniture for popup or cable cubby interfaces are the responsibility of the client. PRO SHOP OVERVIEW— CCS Presentation Systems will provide and install a 65" flat panel monitor on an articulating wall mount. Sources for the monitor will be the sources in the headend system. A 10" touch panel will be installed on a wall by the pro shop desk. Also, a paging station will be installed on the pro shop desk and connected to the paging network. A 6" speaker in the ceiling will be sourced by the paging system CCS Presentation Systems Page 3 of 36 Exhibit�____ and the headend sources. VIDEO— CCS Presentation Systems will provide and install in the room a 65"4K display mounted on an articulating wall mount. Inputs into the system will be routed by a Crestron NVX matrix switching system so that any source can be routed to any display. The sources in the room will be: 1. All sources from the headend AUDIO— CCS Presentation Systems will provide and install an audio system that will provide audio from the program sources and paging system. One ceiling speaker will be installed in the room Mixing, routing processing and paging will be done by QSC's line of digital signal processors with Dante technology included and on QSC amplifier will power the speakers in the 1 zone. A paging station will be installed in the pro shop and connected to the paging network. Following are the sources for the room: 1. Paging system 2. Sources from the headend CONTROL— CCS Presentation Systems will provide, install and program a Crestron control system. A 10"wired touch panel will be installed on the wall. A paging station will be installed on the pro shop desk and will be controlled by the button panel on the device. The following functions will be controlled by the system: 1. Video source routing a. Multiple sources to multiple displays (Full video matrix) 2. Audio controls a. Generic volume controls b. Program audio i. Multiple sources to multiple zones (full matrix) ii.Paging microphones CCS Presentation Systems Page 4 of 36 Exhibit A 3. Room automation a. Automated system power at predetermined time every day 4. Touch panel items a. Password protection 5. Equipment Power a. Turn on/off the equipment RESPONSIBILITIES— The customer will be responsible for adding network and power as directed by CCS Presentation Systems. Any and all cutouts in furniture for popup or cable cubby interfaces are the responsibility of the client. CAFE AREA OVERVIEW— CCS Presentation Systems will provide and install a 65"flat panel monitor on an articulating wall mount in the corner of the room and another 65" display behind the bar. Sources for the monitor will be the sources in the headend system. A 6" speaker in the ceiling will be sourced by the paging system and the headend sources. VIDEO — CCS Presentation Systems will provide and install in the room a 65" 4K display mounted on an articulating wall mount in the corner of the room and another 65" display behind the bar area. Inputs into the system will be routed by a Crestron NVX matrix switching system so that any source can be routed to any display. The sources in the room will be: 1. All sources from the headend AUDIO — CCS Presentation Systems will provide and install an audio system that will provide audio from the program sources and paging system. One ceiling speaker will be installed in the room Mixing, routing processing and paging will be done by QSC's line of digital signal processors with Dante technology included and on QSC amplifier will power the speakers in the 1 zone. Following are the sources for CCS Presentation Systems Page 5 of 36 Exhibit aal the room: 1. Paging system 2. Sources from the headend CONTROL— This room will be controlled by the other room's touch panels. RESPONSIBILITIES— The customer will be responsible for adding network and power as directed by CCS Presentation Systems. Any and all cutouts in furniture for popup or cable cubby interfaces are the responsibility of the client. BANQUET HALL OVERVIEW— CCS Presentation Systems will provide and install a presentation system in the room. A 2x2 video wall will be installed in the front of the room with two 75"4K flat panel displays mounted in the rear of the room hanging from tilting wall mounts. The 2x2 video wall will be comprised of four 55" flat panel displays. Sources in the room will be a will be a wall plate in the front of the room with HDMI and VGA connections, a wireless presentation gateway and a connection to the headend sources. An audio system will be installed in the room using 6 ceiling pendent speakers and 1 sub-woofer pendent ceiling speaker. All program sources will be able to be switched to be played through the ceiling speakers. A wireless handheld microphone will be used for voice lift in the room. An I/O Aux plate will be installed in the room and a Bluetooth gateway will also be installed in the room to connect a phone to the audio system. A control system will be installed in the room to control all the equipment. CCS Presentation Systems is responsible for programming the control system. A 10" touch panel located on the rear wall will be used as the control point for the room. VIDEO — CCS Presentation Systems will provide and install in the room a 2x2 video wall composed from four 55" flat panel monitors with thin bezels. Two 75" flat panel 4K displays will be hung on tilting wall mounts in the rear of the room. Inputs into the system will be routed by a Crestron NVX matrix switching system so that any source CCS Presentation Systems Page 6 of 36 Exhibit can be routed to any display. The sources in each room will be: 1. Sources from the headend 2. One wall plate mounted on the wall of the room with a HDMI and VGA input 3. A wireless presentation gateway AUDIO— CCS Presentation Systems will provide and install an audio system that will provide audio from the program sources in the room as well as provide for voice lift. Six ceiling speakers with one sub- woofer will be installed in the room to play back audio from the 1 wireless microphones in the room. Program audio from the selected source will also play back through the ceiling speakers. Mixing, routing and processing will be done by QSC's line of digital signal processors with Dante technology included and two QSC amplifiers will power the speakers in 1 zone. Following are the sources for the room: 1. Sources from the headend 2. One wall plate mounted on the wall of the room with a HDMI and VGA input 3. 1 handheld wireless microphone 4. Paging system 5. A wireless presentation gateway 6. A Bluetooth audio gateway on a wall plate in the room 7. An I/O Aux will be installed on a wall plate in the room CONTROL— CCS Presentation Systems will provide, install and program a Crestron control system. A 10"wired touch panel will be installed on one of the walls of the room. The following functions will be controlled by the system: 1. Video source routing a. Multiple sources to multiple displays (Full video matrix) 2. Audio controls CCS Presentation Systems Page 7 of 36 Exhibit a. Generic volume controls b. Program audio i. Single source to single zone ii.Multiple sources to multiple zones (full matrix) iii. Wireless microphones 3. Room automation a. Automated system power at predetermined time every day 4. Touch panel items a. Password protection 5. Equipment Power a. Turn on/off the equipment RESPONSIBILITIES— The customer will be responsible for adding network and power as directed by CCS Presentation Systems. Any and all cutouts in furniture for popup or cable cubby interfaces are the responsibility of the client. BALCONY OVERVIEW— CCS Presentation Systems will provide and install a 65" flat panel monitor on an articulating wall mount. Sources for the monitor will be the sources in the headend system and a HDMI connection mounted on a wall under the display. Two ceiling mounted pendent speakers will be installed to play back audio from the program sources. The display will be controlled by the touch panel in the Pro's office or the Banquet Room. If the user connects a laptop to the wall plate, the system will automatically switch to that source. VIDEO — CCS Presentation Systems will provide and install in the room a 65" 4K flat panel display hanging • • CCS Presentation Systems Page 8 of 36 Exhibit from an articulating mount. Inputs into the system will be routed by a Crestron NVX matrix switching system so that any source can be routed to the display. The sources in the room will be: 1. Sources from the headend 2. A HDMI wall plate located directly below the display. AUDIO — CCS Presentation Systems will provide and install an audio system that will provide audio from the program sources and paging system. Two ceiling speakers will be installed in the room. Mixing, routing processing and paging will be done by QSC's line of digital signal processors with Dante technology included and on QSC amplifier will power the speakers in the 1 zone. The audio from the display will be heard through the speakers in the display. Following are the sources for the room: 1. An HDMI input located on a wall plate directly under the display. 2. Sources from the headend CONTROL— CCS Presentation Systems will provide, install and program a Crestron control system. The touch panels in the Pro shop and the Banquet facility will be used to control the display. If the user connects a laptop to the wall plate, the system will automatically switch to that source. The following functions will be controlled by the system: 1. Audio controls a. Generic volume controls b. Program audio i. Multiple sources to single zone 2. Room automation a. Automated system power at predetermined time every day 3. Equipment Power a. Turn on/off the equipment Page 9 of 36 Exhibit RESPONSIBILITIES— The customer will be responsible for adding network and power as directed by CCS Presentation Systems. Any and all cutouts in furniture for popup or cable cubby interfaces are the responsibility of the client. CONFERENCE ROOM OVERVIEW— CCS Presentation Systems will provide and install a presentation system with web conference capabilities in the conference room. A 65"4K flat panel monitor will be used as the display for the room. Sources for the display will be a HDMI cable coming through a grommet in the table. Control will be done by the 5" touch panel on the table. The headend sources will be available to the room as a spare input on the display. VIDEO— CCS Presentation Systems will provide and install in the room a 4K 65" flat panel display hanging from a tilting wall mount. Inputs into the system will be routed by the display. The sources in the room will be: 1. A HDMI connection at the table, coming up through a grommet 2. The headend sources AUDIO— All audio will be heard through the speakers in the display. CONTROL— CCS Presentation Systems will provide, install and program a Crestron control system. A 5"wired touch panel will be installed on the table. The following functions will be controlled by the system: 1. Video source routing a. Headend sources b. Multiple sources to single display CCS Presentation Systems Page 10 of 36 Exhibit 2. Audio conferencing a. POTS calls b. Notification of incoming call 3. Audio controls a. Generic volume controls b. Program audio i. Multiple sources to single zone c. Conference audio (video and phone) i. Table microphones 4. Equipment Power a. Turn on/off the equipment 5. Source control—Cable Box a. Remote emulation EQUIPMENT RACK AND FURNITURE— A Wiremold floor raceway will be installed from the table to the wall under the display to use a wire raceway. RESPONSIBILITIES— The customer will be responsible for adding network and power as directed by CCS Presentation Systems. Any and all cutouts in furniture for popup or cable cubby interfaces are the responsibility of the client. HEADEND OVERVIEW— CCS Presentation Systems will provide and install an equipment rack for use in the equipment room. All shared sources and processing equipment will be housed here. The shared sources will be one CCS Presentation Systems Page 11 of 36 A Exhibit „ . Sonos Connect streaming servers, four owner supplied cable boxes, One Blu-Ray player, two owner supplied PCs, one digital signage player and one AM/FM tuner. The headend includes 2 wireless keyboards that will work in the Banquet Hall and Pro Shop. VIDEO — The shared sources in the equipment rack will be: 1. Four owner supplied cable boxes 2. Two owner supplied PCs 3. One Blu-Ray Player 4. One Brightsign digital signage player AUDIO— Following are the shared sources for the equipment rack: 1. Four owner supplied cable boxes 2. One Sonos Connect streaming audio servers 3. One AM/FM tuner 4. Two owner supplied PCs 5. One Blu-Ray Player 6. One Brightsign digital signage player EQUIPMENT RACK AND FURNITURE— Two 40RU equipment racks with all necessary power distribution will be installed in the room. RESPONSIBILITIES— The customer will be responsible for adding network and power as directed by CCS Presentation Systems. Any and all cutouts in furniture for popup or cable cubby interfaces are the responsibility of the client. CCS Presentation Systems Page 12 of 36 Exhibit Outdoor Paging Audio Equipment 1 CAT6 Basestation Connection Kit Wall Mounted CAT6 Connection Kit 1 CCS Misc Pole Mount for Speaker 2 GROMMES SLS Speaker Line-Lightning Suppressor 2 JBL Pro AWC62 2-Way coaxial loudspeaker with 6.5" LF 7 QSC AD-S6T-BK 6.5 inch Two-way surface speaker, 70/100V transformer with 8 Ohm, bypass, 105 degree conical DMT coverage, includes X-Mount and weather input cup. Black. Priced individually but must be purchased in pairs. 2 QSC ISA300TI 2 channels, 185 watts/ch at 8 Ohm, 280 watts/ch at 4 Ohm,430 watts/ch at 2 Ohm, 300 watts/ch at 70V 1 QSC PS-1650G Q-SYS 16-Button Command Code(A-P)Wall Mounted Page Station;Gooseneck(G) Microphone 2 Shure UA505 Mounting Bracket and BNC Adapter for Remote Antenna Mounting (Contains one) 2 Shure UA8100 100' UHF Remote Antenna Extension Cable, BNC-BNC, RG213/U Type 2 Shure UA8-470-542 1/2 Wave Omnidirectional Antenna for ULXD4 Receiver, P10T Transmitter, (470- 542 MHz) Audio Equipment Total $9,694.67 Integration Services * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 1 741 02-84 5 91 Re. 2/8/201 Page 13 of 36 Exhibit 1 CCS Freight Shipping & Handling 1 CCS Misc Misc cables and hardware 1 CCS Labor Integration Services Total $4,165.22 Outdoor Paging Total $13,859.89 *Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 1 741 0 2-84 591 Rev.7 Page 14 of 36 Exhibit Pro Shop Video Equipment 1 CAT6 Touch Panel Connection Kit Wall Mounted CAT6 Connection Kit 1 CAT6A Rack-Display Connection Kit CAT6A Rack-Display Connection Kit 1 Crestron Electronics DM-NVX-350 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder 1 NEC V654Q LCD 65"Value Large Format Display Video Equipment Total $4,671.79 Audio Equipment 1 CAT6 Basestation Connection Kit Wall Mounted CAT6 Connection Kit 1 QSC AD-C6T-WH 6.5 inch Two-way ceiling speaker, 70/100V transformer with 16 Ohm, bypass, 135 degree conical. White. Priced individually but must be purchased in pairs. 1 QSC PS-1650G Q-SYS 16-Button Command Code(A-P)Wall Mounted Page Station;Gooseneck(G) Microphone 1 QSC SPA2-60 1/2 RU 2 Channel ENERGY STAR amplifier/Stereo operation 60 watts into 8 Ohm &4 Ohm, Bridged operation 200 watts into 8 Ohm &4 Ohm, and 250 watts into 70v and 100v/100-240 VAC Operation Audio Equipment Total $2,675.67 Control Equipment 1 Crestron Electronics TSW-1060-W-S Touch screen, 10.1",white smooth color * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 Rev. Page 15 of 36 Exhibit Control Equipment Total $1,482.65 Integration Services 1 CCS Freight Shipping& Handling 1 CCS Misc Misc cables and hardware 1 CCS Labor Integration Services Total $3,099.48 Pro Shop Total $11,929.59 * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 Re,: 3/8/20 Page 16 of 36 Exhibit Cafe Area Video Equipment 2 CAT6A Rack-Display Connection Kit CAT6A Rack-Display Connection Kit 2 Crestron Electronics DM-NVX-350 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder 1 NEC V654Q LCD 65"Value Large Format Display 1 NEC V654Q LCD 65"Value Large Format Display Video Equipment Total $8,479.42 Audio Equipment 1 QSC AD-C6T-WH 6.5 inch Two-way ceiling speaker, 70/100V transformer with 16 Ohm, bypass, 135 degree conical. White. Priced individually but must be purchased in pairs. 1 QSC SPA2-60 1/2 RU 2 Channel ENERGY STAR amplifier/Stereo operation 60 watts into 8 Ohm &4 Ohm, Bridged operation 200 watts into 8 Ohm &4 Ohm,and 250 watts into 70v and 100v/100-240 VAC Operation Audio Equipment Total $565.78 Integration Services 1 CCS Freight Shipping & Handling 1 CCS Misc Misc cables and hardware 1 CCS Labor Integration Services Total $1,607.38 * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 Rev -, 2/8/201; Page 17 of 36 Exhibit /A Cafe Area Total $10,652.58 Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No 174102-84591 Rev.7 8/8/201 Page 18 of 36 Exhibit Banquet Hall Video Equipment 1 Barco 2x2 UniSee 2x2 Unisee Video Wall 1 CAT6 Touch Panel Connection Kit Wall Mounted CAT6 Connection Kit 5 CAT6A Rack-Display Connection Kit CAT6A Rack-Display Connection Kit 1 CAT6A WP-Rack Connection Kit CAT6A WP-Rack Connection Kit 6 Crestron Electronics DM-NVX-350 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder 2 Crestron Electronics DM-NVX-351 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder with downmixing 1 Crestron Electronics HD-MD-300-C-E-W High definition scaling auto-switcher and extender 300,white 1 Mersive SP-8100-E1 Solstice Pod Gen3 SGE Enterprise with 1 year Subscription 2 NEC Display Solutions V754Q 75 Inch Ultra High Definition Professional Display 2 OFE- Owner Furnished GENERIC PC [OFE] - PC Additional Options 1 CAT6A Rack-Display Connection Kit $847.18 CAT6A Rack-Display Connection Kit Video Equipment Total $52,795.37 Audio Equipment *Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 Re,, /8/201 Page 19 of 36 Exhibit 1 Covid W1135S-CA 1-Gang, Neutrik 3 Pin XLR Female 1 QSC AD-P.SUB-WH 6.5 inch Dual voice-coil pendant subwoofer, provides High-pass output for up to four(4)satellite speakers, 70/100V transformer with 4 Ohm bypass, includes cable and fasteners for suspended installation. Available in white. 6 QSC AD-P6T-WH 6.5 inch Two-way pendant speaker, 70/100v transformer with 16 Ohm, bypass, 135 degree conical DMT coverage, Includes cable and fastener for suspended Installation. White 1 QSC SPA2-200 1/2 RU 2 Channel ENERGY STAR amplifier/Stereo Operation 200 watts into 8 Ohm &4 Ohm, Bridged operation 400 watts into 8 Ohm &4 Ohm, and 350 watts into 70v and 100v/100-240 VAC Operation 1 QSC SPA2-60 1/2 RU 2 Channel ENERGY STAR amplifier/Stereo operation 60 watts into 8 Ohm &4 Ohm, Bridged operation 200 watts into 8 Ohm &4 Ohm,and 250 watts into 70v and 100v/100-240 VAC Operation 1 Shure QLXD24/SM58-G50 SM58 Vocal System 2 Shure UA505 Mounting Bracket and BNC Adapter for Remote Antenna Mounting (Contains one) 2 Shure UA8100 100' UHF Remote Antenna Extension Cable, BNC-BNC, RG213/U Type 2 Shure UA8-470-542 1/2 Wave Omnidirectional Antenna for ULXD4 Receiver, P10T Transmitter, (470- 542 MHz) Audio Equipment Total $4,906.27 Control Equipment 1 CAT6A WP-Rack Connection Kit CAT6A WP-Rack Connection Kit 1 Crestron Electronics TSW-760-W-S 7"Touch screen,white smooth * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No. 174102-84591 k Page 20 of 36 Exhibit Control Equipment Total $1,040.64 Integration Services 1 CCS Freight Shipping & Handling 1 CCS Misc Misc cables and hardware 1 CCS Labor Integration Services Total $8,219.34 Banquet Hall Total $66,961.62 * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 1 741 02-84 59 1 Rey. 8/8/201 Page 21 of 36 Exhibit Balcony Video Equipment 1 CAT6A Rack-Display Connection Kit CAT6A Rack-Display Connection Kit 1 Covid W 1114F-CA 1-Gang, HDMI Female 1 Crestron Electronics DM-NVX-350 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder 1 NEC V654Q LCD 65"Value Large Format Display Video Equipment Total $4,147.87 Switching 1 Extron 60-1483-01 Two Input HDMI Switcher Switching Total $469.46 Audio Equipment 2 QSC AD-P6T-WH 6.5 inch Two-way pendant speaker, 70/100v transformer with 16 Ohm, bypass, 135 degree conical DMT coverage, Includes cable and fastener for suspended Installation. White 1 QSC SPA2-60 1/2 RU 2 Channel ENERGY STAR amplifier/Stereo operation 60 watts into 8 Ohm &4 Ohm, Bridged operation 200 watts into 8 Ohm &4 Ohm, and 250 watts into 70v and 100v/100-240 VAC Operation Audio Equipment Total $1,040.72 Integration Services 1 CCS Freight Shipping & Handling Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No 174102-84591 Rey.. /8, Page 22 of 36 Exhibit 1 CCS Misc Misc cables and hardware 1 CCS Labor Integration Services Total $1,995.41 Balcony Total $7,653.46 * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 Rev. '-/8, _ Page 23 of 36 Exhibit Conference Room Video Equipment 1 Covid HD28-25RM HDMI Cable with Built in Repeater, 28 AWG, 25ft 1 Crestron Electronics DM-NVX-350 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder 1 NEC V654Q LCD 65"Value Large Format Display 1 Wiremold OFR10A OVER FLR RCWY ENT END FIT 1 Wiremold OFR48-2MRTC 2GNG BOX TRANS TO MRTC 1 Wiremold OFRBC-8R OFR BASE AND COVER Additional Options 1 CAT6A Rack-Display Connection Kit $847.18 CAT6A Rack-Display Connection Kit Video Equipment Total $4,968.17 Control Equipment 1 Crestron Electronics TSW-560-NC-B-S Touch screen, 5", no camera or microphone, black smooth Control Equipment Total $945.15 Integration Services 1 CCS Freight Shipping& Handling 1 CCS Misc Misc cables and hardware * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 Rev 8/8/2019 Page 24 of 36 Exhibit 1 CCS Labor Integration Services Total $2,530.08 Conference Room Total $8,443.40 * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 Rev. 8/8,'201 Page 25 of 36 Exhibit Head-End Equipment in Rack Room Video Equipment 1 BrightSign XT1144 Expanded I/O Player 8 Crestron Electronics DM-NVX-350 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder 1 Denon Pro DN-500BD Blu-ray disc player 6 Logitech 910-005235 RF Receiver for Desktop Computer/Notebook 2 Logitech K830 Illuminated Living-Room Keyboard 4 OFE- Owner Furnished CABLE BOX Owner Furnished Cable Box 2 OFE- Owner Furnished GENERIC PC PC Video Equipment Total $11,666.19 Audio Equipment 1 Attero Tech unAX2lO+ AES67 Networked Audio Wall Plate-4x2 Mic/Line I/O(2 Mic),White and Black included 1 Attero Tech unD61O-BT-W-U Dante Networked Audio Wall Plate-4x2 Multi I/O with Bluetooth Audio,White, UDP control 2 CAT6 Wallplate Connection Kit Wall Mounted CAT6 Connection Kit 1 Crestron Electronics SNS-CTNZPUS1 Sonos CONNECT Streaming Player& Preamplifier(CTAZPUS1), Sold in the US only, MSRP/List price shown is the MINIMUM resale price * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 8 _ Page 26 of 36 Exhibit 1 Denon Pro DN-300DH AM/FM/DAB+ Digital Tuner 1 Middle Atlantic RSH4S2S Custom wide rackshelf 2 space SPAT, 11.5" depth 1 QSC Core 110f Multipurpose software based digital audio signal processor 2 Shure UA221 Passive Antenna Splitter/Combiner Kit. Includes Two Splitter/Combiners, Four Coaxial Cables, and Attaching Hardware 1 Shure UA844+SWB Five-way active antenna splitter and power distribution system for QLX-D, ULX, ULX-D, SLX, and BLX (BLX4R only) receivers. (470-952 MHz) Audio Equipment Total $5,834.93 Control Equipment 1 Aruba 2930F 24G 4SFP+ Switch - 24 Ports- Manageable 1 Crestron Electronics CP3N 3-Series Control System 1 Tripp-Lite N062-024-KJ-SH 24-Port 1U Rack-Mount Shielded Blank Keystone/Multimedia Patch Panel Control Equipment Total $3,710.14 Equipment Racks 1 40RU Gangable Rack 40RU Gangable Equipment Rack 1 QSC Core 110f Multipurpose software based digital audio signal processor Equipment Racks Total $9,901.75 Integration Services * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No. 174102-84591 EV8/20' Page 27 of 36 Exhibit /• 1 CCS Freight Shipping & Handling 1 CCS Misc Misc cables and hardware 1 CCS Labor Integration Services Total $4,840.51 Head-End Equipment in Rack Room Total $35,953.52 ___ Price Adjustments Integration Services 1 CCS Misc Price Adjustments Integration Services Total ($5,850.00) Price Adjustments Total ($5,850.00) Project Subtotal: $149,604.06 * Price Includes Accessories Brookshire Golf Course AV Phase 2 Project No: 174102-84591 78/2.01 g Page 28 of 36 Exhibit PROJECT SUMMARY Total Installation Price: $149,604.06 Grand Total: $149,604.06 Client: Todd Luckoski Date Contractor: CCS Presentation Systems Date Brookshire Golf Course AV Phase 2 Project No: 1 741 02-84 5 91 Re. 3/8/201 Page 29 of 36 ,111 Exhibit Responsibilities and Assumptions Customer Responsibilities CCS can supply necessary drawings and details for certain items that are better handled by the Contracting Party,Purchaser or others. The costs for these services are not included in this proposal. • Supply and installation of all 120V wiring for AV requirements. • Supply and installation of any junction boxes,wall boxes,conduits and floor boxes needed for AV connection. • Supply and installation of all necessary wall backing or structure for LCD displays,speakers, recessed screens,etc. • All necessary permits and fees to conform to state and city building codes. • Telephone and data network for audio,video,or control equipment. This includes configuration of your VoIP system to work with our audio conferencing equipment. • Supply and installation of phone or data, related to connection of video teleconferencing system to network. Configuration of your network to work with the AV system. Network should be in place and tested one week prior to equipment installation. • Loading of software of any kind on computer(s). Products that include software will be provided to the customer for installation on their equipment. Training on software is not included unless specifically shown in our proposal. • All labor is priced as non-union. • Installation of custom rear projection screens,associated millwork or wall construction. • Installation of recessed projection screens plaster,drywall or hard ceilings • Any rework of ceiling tiles and grid due to the installation of above ceiling equipment. • Any modifications to millwork or installation required for installation of audio visual equipment. This includes modifications to provide adequate airflow. Modifications to millwork or furniture, unless otherwise noted in the quotation • Any required asbestos abatement. Assumptions • Room Availability- Room(s)in which installation is to be done will be made available for CCS Presentation Systems' exclusive use on the day(s)of the scheduled installation. Installations will be scheduled Monday-Friday(excluding holidays) between the hours of 7:00AM-6:00 PM. • Parking -The customer will provide adequate parking for CCS Presentation Systems'vehicle(s) in a location conducive to our access to the vehicle(s)for retrieval of tools and supplies throughout the workday. If such parking is within a secured facility,the customer will validate the parking ticket for CCS Presentation Systems'vehicle(s). • Merchandise Storage-Once new merchandise sold and provided by CCS Presentation Systems for this installation has been delivered to the job site and signed for by a representative of the customer. The customer will assume responsibility for the secure storage of such merchandise until the completion of the installation. • Existing Equipment Documentation- If this project entails installation and/or re-use of any existing equipment owned by the customer,the customer shall,at CCS Presentation Systems' request, provide CCS Presentation Systems with any documentation which CCS Presentation Systems may require in order to properly install and/or integrate that equipment into the new system. CCS Presentation Systems Page 30 of 36 Exhibit General Terms and `Conditions 1. PREVAILING TERMS AND CONDITIONS:These Terms and Conditions,together with any appendix or other document into which these Terms and Conditions are incorporated (the"Agreement"),form the entire agreement between CCS Presentation Systems(CCS)and Customer as to the subject matter addressed herein (this"Agreement")and will become effective upon the execution of Customer. Requests for quotation, notification of acceptance or other purchasing documents provided by Customer concerning Products which are inconsistent with,different from or in addition to this Agreement are hereby rejected. In the event of a discrepancy in unit and extended pricing,the unit price will prevail. 2. PAYMENT TERMS:Subject to credit approval,the Customer shall pay within 30 days of invoice date for non-installation orders. Installed system orders require a minimum 50%down payment with order. Systems where installation and completion of the project will extend over a period greater than 30 days from date of order will be subject to progressive billing as well. In such cases,CCS will invoice for equipment received and assigned to the project(order). Progressive invoices will be due and payable according to normal credit terms. If at any time,Customer fails to pay invoices when due, or if for any reason CCS feels insecure in extending credit,CCS may decline to provide further goods on credit. Any account payments shall not extinguish any unpaid portion of the subject invoices,despite any notation on or accompanying payment such as"in full payment"or"in full satisfaction,"or words of similar effect. CUSTOMER UNDERSTANDS THAT THIS PROVISION CONSTITUTES A WAIVER OF RIGHTS UNDER APPLICABLE LAW. 3. FAILURE TO PAY: If the Customer fails to pay CCS for products when due,then in addition to any other remedies available to CCS under this Agreement or allowed by law for that default,Customer will pay CCS an additional monthly financing charge equal to the lesser of:(a)one and one-half percent(1.5%);or(b)the maximum monthly interest rate allowed by law;of any amounts past due,chargeable during each month that payment remains outstanding and CCS's reasonable expenses of collection, including, but not limited to,attorneys'and experts'fees and court costs. Failure by Customer to pay any part of the account when due,or in the event that proceedings in bankruptcy,receivership,or insolvency are institutes by or against Customer or its property, CCS may,at its option,cause the entire unpaid balance to become immediately due and payable and CCS shall have the right to enter at any time without notice upon the premises where any of the materials procured by Customer from CCS are located and take possession, reclaim,and exercise any and all rights available at law or equity to CCS with respect to the materials or collection of debt. Customer hereby expressly waives any right to action that may accrue by reason of the entry for taking possession of or the selling of with respect thereto including service charges and reasonable attorneys'fees and court costs. Customer agrees to reimburse CCS for all costs and expenses, including attorneys'fees and court costs,which CCS may incur in connection with any federal or state insolvency proceeding commenced by or against Customer,including those seeking dismissal or conversion of the bankruptcy proceeding,or opposing confirmation of Customer's plan there under. 4. ADDITIONAL SECURITY FOR PAYMENT: Customer hereby agrees to execute such additional documents as CCS may require from time to time including a personal and/or business guarantee and UCC Financing Statements. As collateral securing Customer's obligations,Customer grants to supplier a continuing security interest in all of Customer's accounts and all goods provided by CCS to Customer(whether or not paid for by Customer). 5. APPROVAL OF ORDERS: All Customer purchase orders for Products under this Agreement are subject to acceptance by CCS including, if appropriate,approval by CCS Credit Department.Upon notice by CCS,Customer will furnish CCS such financial information as CCS may reasonably request for this approval. CCS may,in its sole discretion,cancel this CGS Presentation Systems Page 31 of 36 Exhibit General °Terms and ` Conditions Agreement at any time if Customer fails to meet credit requirements established by CCS. 6. DELIVERY: Delivery times shown on the quote are typical for the quoted equipment but may vary due to equipment availability and installation department workload. Relevant information regarding delivery and installation scheduling, if applicable,will be provided to you as soon as we receive it. CCS will not be responsible for delivery delays due to product availability or express shipping charges to expedite delivery. 7. TRANSPORTATION COSTS:Unless otherwise provided in this Agreement,the prices for Products indicated in this Agreement exclude all transportation costs,including, but not limited to,freight, insurance and special handling and packaging. CCS will prepay these costs and invoice them to Customer. 8. TITLE AND RISK OF LOSS:Title and risk of loss of or damages to any Products will pass to Customer upon CCS's delivery of them to the carrier. All claims for damage to or loss of Products must be made by Customer directly to the carrier or the insurance Customer. 9. TAXES:The prices for Products indicated in this Agreement are subject to taxes,including, but not limited to,sales,excise or use taxes. Customer shall pay all sales, use,ad valorem,excise and/or any other taxes imposed on either party by virtue of this Agreement. CCS will invoice Customer for any of these taxes CCS is legally obligated to collect from Customer. 10. INSTALLATION: If applicable,installation will be performed during our normal working hours,7:00 a.m. -6:00 p.m., Monday through Friday(excluding holidays)unless otherwise noted on the quote. If installations are scheduled outside of normal business hours due to client's request,those hours will be billed at overtime rates. Installation schedules must be coordinated through our Installation Department. When delivery of all required equipment is confirmed,our Installation Department will contact you to work out a firm installation schedule. If an installation must be re-scheduled at your request, it will be moved to the next suitable opening in the Installation Department schedule. If upon arrival on the scheduled installation date CCS is prohibited from working in the rooms the Customer will be responsible for all costs associated with rescheduling. 11. CHANGES/RETURNS: Due to the custom nature of Audio and Video equipment,customer-requested changes or changes to design once equipment is on-hand or in transit, may result in re-stocking charges to the Customer. Re-stocking charges will be assessed at the rate of 20%of the original purchase price. Any changes to the agreed-upon scope of work defined in the quote must be authorized in writing and will result in additional charges. These charges will be accomplished via a change order that must be completed and signed by both parties before any equipment or labor is provided as a result of the change in scope of work. 12. WARRANTY:CCS makes no warranty regarding the equipment used in the system,and does not assume any manufacturer's warranties for such equipment. For installed systems CCS warranty covers removal, repair and replacement of equipment on a"return to factory"basis for a period of ninety(90)days for equipment covered under the manufacturer's warranty. After ninety(90)days CCS will charge the customer for labor to remove and replace any equipment covered under the manufacturer's warranty. Please note:CCS will assist the customer in obtaining cure under manufacturers'warranties for system equipment for a period of one(1)year from the date of Substantial Completion at no cost to the Owner. This will include providing invoices, CCS Presentation Systems Page 32 of 36 Exhibit General Terms and Conditions warranty information and contacting the manufacture on behalf of the customer to initiate warranty repairs or replacement. CCS recommends the purchase of the optional CCS Extended Labor Warranty and 1 Year Managed Service Agreement. This agreement provides one(1)preventive maintenance call and extends the labor warranty for removal,repair and replacement of the equipment to one(1)year. Without acceptance of the CCS Extended Labor Warranty&1 Year Managed Service Agreement any labor for removal and replacement of equipment covered under manufacturer warranty, non-warranty service calls, manufacturers repair fees,shipping charges and bench time will be billed at the prevailing labor and travel rates. CCS warrants the system or systems it designs, sells,and installs to be free of defects in our workmanship and installation materials(cables,connectors and hardware)for a period of one(1)year from the date of Substantial Completion.If during that time,the system fails to perform as specified due to defective workmanship or installation materials,CCS will correct the problem at no additional charge. CCS is not responsible for the condition or functionality of the customer's existing equipment. Definitions: Substantial Completion is the stage in the progress of the work when the work or designated portion thereof is sufficiently complete in accordance with the contract documents so that the owner can occupy or utilize the Work for its intended use. This is the date that the customer begins utilizing the equipment. Workmanship is our physical installation of the equipment and components so that they form a complete system. Installation Materials are the cables,connectors,hardware and accessories utilized to assemble the equipment into a functioning system. Equipment is the physical components such as audio,video and control system electronic components, microphones,cameras, projection screens, lecterns,racks and furniture that are provided with a separate manufacturer provided warranty. Limitations:This warranty does not apply to any appearance items of the product or to any product the exterior of which has been damaged or defaced. This warranty does not cover failure due to system or product misuse,abnormal service or handling,removal of Customer's media or replacement, improper operation,system alterations or modifications from CCS's design or construction,or failure to maintain or use equipment in accordance with manufacturer recommendations. This warranty does not cover damage caused by fire,smoke,water,lightning,electrical surges or other damage caused by weather, natural disaster,or any outside forces. This warranty does not cover service calls that are the result of the mis- adjustment of the system or the connection of Owner's equipment to the system. This warranty does not include maintenance activities such as re-convergence of projections systems,re-programming of control systems or the replacement of projection lamps or other expendable items. CCS is not responsible for"image burn"as a result of prolonged periods of static images being displayed on certain devices. CCS Presentation Systems Page 33 of 36 Exhibit /� General Terms and Conditions The duties of CCS are limited to those expressly stated in this Agreement. CCS MAKES NO OTHER WARRANTY,EXPRESS OR IMPLIED,WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,OR OTHERWISE,ON THE SYSTEM OR ANY PARTS OR SERVICE RENDERED HEREUNDER. CCS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT,SPECIAL, CONSEQUENTIAL,OR OTHER DAMAGES, HOWEVER CAUSED, INCLUDING LOSS OF BUSINESS OPPORTUNITIES OR LOST PROFITS, DIRECTLY OR INDIRECTLY ARISING FROM THE CUSTOMER'S DIFFICULTY WITH OR INABILITY TO USE THE SYSTEM, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER EQUIPMENT. 13. WAIVER: Either party's waiver of the other's default in its obligations under any terms or conditions of this Agreement will not in any way limit or affect that party's right to enforce and compel strict compliance with that term or condition at any other time or with any other term or condition. 14. BONDING:If required CCS can provide performance bonding for work covered under this Agreement. Cost for such bonding will be added to the first progress invoice. 15. ENTIRE AGREEMENT:This Agreement and appendices to this Agreement supersedes,terminates and otherwise voids any and all prior written and/or oral agreements between the parties with respect to Products. There are no warranties, representations or understandings of any kind or description whatsoever made by either party to the other,except such as are expressly set forth herein. Any additional terms or notes appearing on attached schedules,quote summaries and/or change CCS Presentation Systems Page 34 of 36 Exhibit Payment Terms and Schedule Payment Breakdown Amount Due Date TOTAL $149,604.06 Systems where installation and completion of the project will extend over a period greater than 30 days from date of order will be subject to monthly progressive billing. In such cases, CCS will invoice for services performed and equipment received and assigned to the project. Progressive invoices will be due and payable according to our normal credit terms. Optional - CCS Extended Labor Warranty&Managed Service Agreement Refer to warranty section of proposal for details. Please initial here if accepted. As the authorized representative of the Customer, I acknowledge that I have read the attached scope of work and fully understand what is being proposed. I also acknowledge that I have read the customer responsibilities section, assumptions and general terms and conditions. By accepting our proposal whether by purchase order or signed contract I accept the Payment Terms and Conditions shown above. I understand that the Total shown on the Payment Terms and Schedule may not include any applicable sales tax and that applicable tax will be added to our invoice if required. I understand that the warranty for labor on installed equipment is covered for a period of ninety (90) days unless an optional extended labor warranty and/or preventive maintenance agreement is accepted and initialed in the Payment Terms and Schedule shown above. I understand that without this agreement CCS will charge the customer for labor to remove and replace any equipment covered under the manufacturer's warranty after ninety (90) days from the date of substantial completion. Substantial Completion is the stage in the progress of the work when the customer begins utilizing the system for its intended use. CCS Presentation Systems Page 35 of 36 Exhibit Payment Terms and Schedule As the authorized representative of the Customer, I agree and accept the terms and conditions of this sales contract. CCS Presentation Systems City of Carmel Signed: Signed: Name: Rick Streb Name: Title: Account Manager Title: Date: Date: Phone: (800) 742-5036 Phone: Fax: (812) 376-3557 Fax: *All change orders will be invoiced at time of change w Presentingbetter Solutions r, 1 ____,,, ,,,,, , ,„.,:., .; ____ ..„....,_ _ ,_, _, _, TECHNOLOGY SOLUTIONS WWW. CIMTECHSOLUTIONS.COM CCS Present.tion Systems Page 36 of 36 AExhibit EXHIBIT B Invoice Date: Name of Company: Address &Zip: Telephone No.: Fax No.: Project Name: Invoice No. Purchase Order No: Goods Services Person Providing Date Goods/Services Provided Cost Per Hourly Total Goods/Services Goods/ (Describe each good/service Item Rate/ Service separately and in detail) Hours Provided Worked GRAND TOTAL Signature Printed Name EXHIBIT C INSURANCE COVERAGES Worker's Compensation&Disability Statutory Limits Employer's Liability: Bodily Injury by Accident/Disease: $100,000 each employee Bodily Injury by Accident/Disease: $250,000 each accident Bodily Injury by Accident/Disease: $500,000 policy limit Property damage, contractual liability, products-completed operations: General Aggregate Limit(other than Products/Completed Operations): $500,000 Products/Completed Operations: $500,000 Personal&Advertising Injury Policy Limit: $500,000 Each Occurrence Limit: $250,000 Fire Damage(any one fire): $250,000 Medical Expense Limit(any one person): $ 50,000 Comprehensive Auto Liability(owned,hired and non-owned) Bodily Single Limit: $500,000 each accident Injury and property damage: $500,000 each accident Policy Limit: $500,000 Umbrella Excess Liability Each occurrence and aggregate: $500,000 Maximum deductible: $ 10,000 IXHII31'I' ll AFFIDAvrr r n ►i' __, being first duly sworn, deposes and says that hei"she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter. could testily as follows: I. I am over eighteen ( I X) years of age and am competent to testify to the facts contained herein. 2. I am now and at all (lines relevant herein have been employed by c. i'''i _ if_u- ' ,�)�I ^!., (the "Employer-) {, 1 in ..the position of i 1•= t} " �,t.�"-An'--::V . i. I am familiar with the employment policies, practices, and procedures of the Employer and have the authority In act on behalf of the Employer. I. Hie I'ntpinver is enrolled and participates in the federal E.-Verify program and has Iran ule I ditcunucntation of such enrollment and participation to the City of Carmel, Indiana. 5. The ('ompany does not knowingly employ any unauthorized aliens. FIJR] l Ilia Al'I:IAN I'Si\YETI I NOT. II'.(�I:"Il l)onthe - )0 ,\ clay of l! ( tt."l,31i(-_ 2070 t;t. 4,, Is 1>rinted:'(11c1r �,. 'lz �r'k1\�r')4Yl - I certify under the penalties for perjury under the laws of the United Slates of America and the State of Indiana that the Inrc`:uin_ factual statements and representations are true and correct. Dda, --S. Aru44-- Printed: . a,1e _ _ rt-64_, PAGEIN j IANA RETAIL TAX EXEMPT City of Carmel CERTIFICATE ENO 00310155 020 / PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 317/6'4' 35-60000972 ONE CIVIC SQUARE CARMEL,INDIANA 46032-2584 THIS NUMBER MUST APPEAR ON INVOICES,A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 SHIPPING LABELS AND ANY CORRESPONDENCE. PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. I VENDOR NO. DESCRIPTION g-c73- 19 /', •3 —J9 IF 7..)7 9.5" Div C4901,/n a CC � / VENDOR 10 s L..Ja h,,. S4- SHIP 1 /1 S M/•( 60(f TO j)lad ScnkSit./4 AZL✓Y. C6LLJmbdC 27' 1 '-73° 1 Cal , 2-i-1 4-16o 3a CONFIRMATION BLANKET I CONTRACT PAYMENT TERMS FREIGHT OUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE I EXTENSION ! j / / i Q 1� Sy1k /-t flc& /V'doe lia L I,/1:Yit l.- ( Send Invoice To: 1�2oaK s6112 c;" Gil-/ ei 4)1,26 416a)k-s61:.Z ;/PkaJ/ erni.J( LJ 416r-3-3 /,-/9 64' o6, DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT 06"7 /3° PAYMENT / • A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. • I HEREBY CERTIFY THAT THERE IS AN NOBLIGATED BALANCE IN SHIPPING INSTRUCTIONS THIS APPROPRIATION SUFFICIENT Y FOR THE ABOVE ORDER. •SHIP PREPAID.•C.O.D.SHIPMENTS CANNOT BE ACCEPTED. ORDERED BY R •PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. •THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99.ACTS 1945 TITLE r),`IC'tA-Gr OS lain i AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CLERK-TREASURER DOCUMENT CONTROL NO. 34606