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Home My WebLink AboutAVI Systems, Inc./CFD/$22,177/AV Equipment - ASA DocuSign Envelope ID:26D15E17-5C6F-4682-9F06-12E228FB6A23 AV1 Systems. Inc. Fire Department -2023 Appropriation# 1 120 I(12 44-670 99 Fund;P.O.4110505 [APPROVED Contract Not To Exceed•$22,177.00 syse.geyc.eonukn;natv:n am,rDc1Ym3 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR GOODS AND SERVICES THIS AMENDMENT TO THE AGREEMENT FOR GOODS AND SERVICES ("Agreement") entered into by and between the City of Carmel and AVI Systems, Inc., (the "Vendor"), as City Contract dated January 8, 2020 shall amend the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of Work attached hereto and incorporated herein as Exhibit"A". The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA AVI Systems, Inc. by and through its Board of Public Works and Safety By. DocuSigned by: By ` F2811D170A1F480- ko. Sue Finkam,Presiding Officer Authorized Signature 1/11/2024 m- Date: i 1 �Docu59netl bY: , . ��... ✓ II p"" �A �" IA�.41,o Qom,a p, Printed Name aFa Mary Ann Burke, Member 1/11/2024 Date: µ ° . , Doc,,Signeg by: Ti tl e Lori S. Watson, Member FID/TIN: 1/11/2024 Date: ATTEST: Date: I �DocuSigned by: Jacob Quinn, Clerk 1/11/2024 Date: ts:•oomncrco.pnrunco,. 1-a2r123 A\i sys,::»s.nm ASS)-.FL)d;:«:12 13 202; r_ PM] DocuSign Envelope ID:26D15E17-5C6F-4682-9F06-12E228FB6A23 ExhibitA Corporate Information 1256 Washington Street A V I Columbus, Indiana 47201 P: 800.742.5036 Bill To Information: Ship To Information:(same if blank) Organization: City of Carmel Organization: City of Carmel Address: One Civic Square 31 1st avenue North West Address: One Civic Square 31 1st avenue North West City: Carmel State: IN Zip: 46032 City: Carmel State: IN Zip: 46032 County: Hamilton County: Hamilton Customer Contact Information: Quote Information: Contact:Todd Luckoski Created: December 1, 2023 Phone: Modified: December 1, 2023 Mobile: Quote#: 185417 Fax: Quote Name: Safe House front wall projecti Email:Tluckoski@carmel.in.gov Quoted By: Rick Streb REMIT Orders to one of the following: E-MAIL: CIMOrders@cimtechsolutions.com Mail: 1256 Washington Street, Columbus IN 47201 Additional Notes: *For accurate pricing and timely order processing please include Quote number on Purchase Order. Qty Manufacturer Model# Description Unit Cost Total Cost 2 Epson V11HA33820 EB-PU1008B 8500LM WUXGA(BLACK) PROJ $6,012.00 $12,024.00 2 Epson V12H004UA3 ULTRA SHORT THROW LENS(ELPLX01S) $5,004.00 $10,008.00 1 Shipping Shipping Shipping $145.00 $145.00 Totals $22,177.00 DocuSign Envelope ID:26D15E17-5C6F-4682-9F06-12E228FB6A23 Corporate Information 1256 Washington Street A V I Columbus, Indiana 47201 P: 800.742.5036 FOB:Origin Delivery:Stock—60 days-AVI(AVI Systems)is not responsible for delays in product delivery. Payment Terms:Orders will be invoiced according to established credit terms.Customers without established credit terms must complete a Customer Setup and Credit Application form prior to acceptance of the order. Payment with Credit Card:A 2%convenience fee will be charged for payment(s)using a credit card(s). Shipping:Shipping costs will be added to final invoice unless noted above. By signing below, I acknowledge the following: • I have read the General Terms and Conditions section of this document and agree to be bound by them, • I understand that any applicable taxes are not included in the quote and will be added later and remitted unless a Tax Exempt Certificate accompanies the purchase order, • I understand that labor warranty will not exceed 90 days without an additional Managed Services Agreement. Acceptance Method of Payment Please sign below to indicate acceptance of terms and ❑ Purchase Order # conditions. Signature: ❑ Check # Print Name & Title: ❑ Circle One: Visa/MC/AE Exp. Date: Card # (By signing,the above confirms the authority to legally bind the Company/Organization named on this application or agreement appended to these Terms and Conditions of AVI Systems.) DocuSign Envelope ID:26D15E17-5C6F-4682-9F06-12E228FB6A23 Corporate Information 1256 Washington Street Columbus, Indiana 47201 P: 800.742.5036 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 AVI Systems(AVI)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 billings up to 75%of the contract amount as well. In such cases,AVI will invoice for equipment received and assigned to the project(order)and services performed. The remaining 25% will is due NET 30 after project completion. 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 AVI feels insecure in extending credit,AVI 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 AVI for products when due,then in addition to any other remedies available to AVI under this Agreement or allowed by law for that default,Customer will pay AVI 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 AVI'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, AVI may,at its option,cause the entire unpaid balance to become immediately due and payable and AVI shall have the right to enter at any time without notice upon the premises where any of the materials procured by Customer from AVI are located and take possession,reclaim,and exercise any and all rights available at law or equity to AVI 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 AVI for all costs and expenses,including attorneys'fees and court costs,which AVI 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 AVI 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 AVI 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 AVI including,if appropriate,approval by AVI Credit Department.Upon notice by AVI,Customer will furnish AVI such financial information as AVI may reasonably request for this approval. AVI may,in its sole discretion,cancel this Agreement at any time if Customer fails to meet credit requirements established by AVI. 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. AVI 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. AVI will prepay these costs and invoice them to Customer. 8. TITLE AND RISK OF LOSS:Regardless of FOB point,Customer agrees to bear all risks of loss,injury,or destruction of Products and materials ordered hereunder which occur prior to delivery,and that loss,injury,or destruction will not release Customer from any obligation. 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. AVI will invoice Customer for any of these taxes AVI 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 AVI is prohibited from working in the rooms the Customer will be responsible for all costs associated with rescheduling. DocuSign Envelope ID:26D15E17-5C6F-4682-9F06-12E228FB6A23 Corporate Information 1256 Washington Street A V I Columbus, Indiana 47201 P: 800.742.5036 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:AVI makes no warranty regarding the equipment used in the system,and does not assume any manufacturer's warranties for such equipment. For installed systems AVI 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 AVI will charge the customer for labor to remove and replace any equipment covered under the manufacturer's warranty. Please note:AVI 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,warranty information and contacting the manufacture on behalf of the customer to initiate warranty repairs or replacement. AVI recommends the purchase of the optional AVI 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 AVI Extended Labor Warranty and 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. AVI 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,AVI will correct the problem at no additional charge. AVI is not responsible for the condition or functionality of the customer's existing equipment. DocuSign Envelope ID:26D15E17-5C6F-4682-9F06-12E228FB6A23 Corporate Information 1256 Washington Street A V I Columbus, Indiana 47201 P: 800.742.5036 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 AVI'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. AVI is not responsible for"image burn"as a result of prolonged periods of static images being displayed on certain devices. The duties of AVI are limited to those expressly stated in this Agreement. AVI 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. AVI 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 AVI 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 orders are by this reference incorporated in this Agreement. DocuSign Envelope ID:26D15E17-5C6F-4682-9F06-12E228FB6A23 Page 1 of 1 INDIANA RETAIL TAX EXEMPT g CGo ity of carniie1 CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 110505 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 12/11/2023 376619 SAFE House Equipment-Front Wall Projector AVI SYSTEMS INC Carmel Fire Department VENDOR PO BOX 801069 SHIP 210 Veterans Way TO Carmel, IN 46032- KANSAS CITY, MO 64180--1069 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 83182 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1120 Fund: 102 Ambulance Capital Fund Account: 44-670.99 2 Each V11HA33820 Epson EB-PU1008B 8500LM WUXGA Black Proj $6,012.00 $12,024.00 1 Each Shipping $145.00 $145.00 2 Each V12H004UA3 Ultra Short Throw Lens ELPLXOIS $5,004.00 $10,008.00 Sub Total $22,177.00 F 44, OZ:)\ . tit IMP P • a s li t 1....L11'.11 lit I ■ .+ Send Invoice To: Carmel Fire Department 210 Veterans Way Iix Carmel, IN 46032- NCI I PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $22,177.00 SHIPPING INSTRUCTIONS *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 *SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN *C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. *PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL cLem *THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Denise Snyder James Crider TITLE Accreditation/Budget Administrator Director of Administration CONTROL NO. 1 10505 CONTROLLER