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HomeMy WebLinkAboutDigitech Custom Audio and Video Co./CFD 30nj•caj 0).0 •off. oi Custom Audio and Video Company Fire Department 2010 Appropriation #102.670.99; P.O. #12723 Contract Not To Exceed $14,718.40 APPROVED, F® f_ five AGREEMENT FOR PURCHASE OF GOODS AND SERVICES 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 Digitech Custom Audio and Video 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 102 670.99 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 Fourteen Thousand Seven Hundred Eighteen Dollars and Forty Cents ($14,718.40) (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 sixty (60) 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 accordance 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. [Z:IE BasAMy DocumuuslProla,innal Suviccs\FIRE DEP1\20101DIGITECH CUSTOM AUDIO VIDEO Goad. Suvir.do :12/I 8/2009 1:511 PM] Digitech Custom Audio and Video Company Fire Department 2010 Appropriation #102.670.99; P.O. #12723 Contract Not To Exceed $14,718.40 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. 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. Z:\E Bas 1y Do mc,I Prof essional ScrviCrc\FIRE DEPT2010\DIGITECH CUSTOM AUDIO VIDEO Gods Scrviya'.doc: 12/18 /2009 1:50 PM] ,Digitech Custom Audio and Video Company Fire Department 2010 Appropriation #102.670.99; P.O. #12723 Contract Not To Exceed $14,718.40 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. 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. 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. 13. 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. 14. 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. 15. 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. [Z:IE Ha, \My Docmn,,, \Prof ,,,oval S,rvicec\FIRE DEPTS2O IOIDIGITECH CUSTOM AUDIO VIDEO Good. B Scry .doc: 12 /18/21109 1:50 PM] Digitech Custom Audio and Video Company Fire Department 2010 Appropriation #102.670.99; P.O. #12723 Contract Not To Exceed $14,718.40 16. 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. 17. 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: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Keith Smith, Fire Chief AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Digitech Custom Audio Video 612 Station Drive Carmel, Indiana 46032 Telephone: 317- 580 -1922 E -Mail: www.digitechcustom.net ATTENTION: May V ci i n Notwithstanding the above, notice of termination under paragraph 18 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, 18. TERMINATION: 18.1 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. Z:\E Bass\My Documuns\Profcwsionat ServiCL,AFIRE DEPT \2010\DIGITECH CUSTOM AUDIO VIDEO Grads St vi .:.doc: 12/18/20119 1:50 PM] Digitech Custom Audio and Video Company Fire Department 2010 Appropriation #102.670.99; P.O. #12723 Contract Not To Exceed $14,718.40 18.2 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. 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. 20. 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. 21. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2010, 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. 22. 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. 23. 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. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. 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. [Z:1 Bass\My DomnumI \Pro(rsional Servic4s\FIRE DEPT 20101DIGITECH CUSTOM AUDIO VIDEO Gods S,vi5S.dot 12/I8/2009 I:50 PM] Di&itech Custom Audio and Video Company Fire Department 2010 Appropriation #102.670.99; P.O. #12723 Contract Not To Exceed $14,718.40 26. 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 DIGITECH CUSTON AUDIO VIDEO by and through its Board of Public Works and Safety By: By: mes Brainard, Presiding Officer AuthoriTed Signature ate: 3 VY A/ Printed Name Mary Anr e, M nber Date: 3 '-1 G� P T rte 1 r Title Lori S. on, ember FID/TIN: 1 IS 3(D i f Date: 3 I t 0 SSN if Sole Proprietor: ATTEST: Date: aO (Co 9 Diana Cordray, IAMC, Clerk- Trasurer Date: a. 3 -io [Z:IE Bass \My Dncwncnls\Prnf ,onal Savicc9FI RE DEPT \20 IIIIDIGITECH CUSTOM AUDIO VIDEO G]xxl Strmr.doe 12/IS /2009 1:50 PM] DIGITEC1-1 CUSTOM AUDIO AND VILIO SYSITA INTEGOON SPEGAUSTS Audio Video System Proposal For City of Carmel Fire Department Attention Matthew Hoffman Project Location: 2 Civic Square Carmel, Indiana Prepared By: Chad Gray October 16, 2009 r i, L >•L 1 Home Acoustics Alliance laiktars 4 T O P' I '100 C Digitech Custom Audio Video Inc. 612 Station Drive Carmel, IN 46032 Telephone (317) 580 -1922 FAX (317) 580 -1036 www.digitechcustom.net st ;f.' po I Page 1 of 9 i DRSff1eCH CUSTOM Audio Video System for City of Cannel Fire Department October 16, 2009 Dear Matthew, Thank you for giving Digitech the opportunity to present a system design for your Training Room. We believe you've made a great choice in having Digitech provide this design and know this system will provide years of education to your employees and guests. Several reasons you should consider Digitech for your needs are: Recognized by Custom Electronics Professional (CEPro) Magazine as one of the Top 100 residential system integrators, 2002, 2003, 2005, 2006, 2007 and 2008. Digitech is fully licensed and insured and has been serving the custom design, installation, and integration industry for 20 years in the Indianapolis area. We've served over 4000 clients in the area and provide a one year installation warranty on all materials and workmanship. We provide a full 'turnkey' service including complete 3-D theater design renderings, complete engineering capabilities, full -time service staff, CAD room layouts and cabinet design. And it is all done in house. Our technicians and service personnel have over 100 years combined experience in system design, installation, programming, and security systems. Our business model embraces all types of installations, from new construction to retrofit, from the most complicated home automation integrated systems to simple, lower budget home theaters and distributed house audio systems. Convenient custom Showroom in Carmel. Factory authorized for many of our industry's leading manufacturers including Sony ES XBR, Elan, Pioneer Elite, B&W, Marantz, Lutron, Mitsubishi Diamond, AMX, Runco, Rotel, Niles Audio, Atlantic Technology, M&K, Denon, Panasonic, Vantage Lighting Controls, Stewart FilmScreens, Open House/Channel Plus, Draper, Xantech, Apex, D.S.C., Rockustics, and many more. Technicians on staff certified from the Imaging Science Foundation for video calibration and the Home Acoustic Alliance. Digitech technicians are CEDIA certified. Member of Custom Electronic Design and Installation Association, Builders' Association of Greater Indianapolis, Johnson County Builders Association, Hamilton County Builders Association, Hendricks County Builder's Association Sincerely, W4 Okay Mark Vyain Sales Design Manager Propo I Page 2 of 9 01MTECH CUSTOM Audio Video System for i City of Carmel Fire Department ...�z System Design Overview This proposal represents a system design carefully prepared to meet the needs as discussed in our previous conversations. All of Digitech's system plans are designed for maximum flexibility while providing excellent audio video quality. Human engineering and ease of operation are paramount considerations. The home systems design is engineered for multiple zones of operation with this system plan. A zone is described as a room or group of rooms that can listen to different sources from other rooms or groups of rooms. The zone configuration and room -by -room descriptions are as follows: Zone #1 Training Room Proposal Page 3 of 9 CUSTOM Audio Video System for City of Carmel Fire Department aC Areas Products Mfr. Model boon (t Price Ext. Pric Equipment Closet Main Equipment Location This area will serve as the main equipment location for the Training Room's system components. See the equipment list below for specific equipment details. Integra DTR20.1 2 Zone, 5.2 Channel Surround Receiver, 1080P 1 $599.00 $599.00 Deep Color, Assignable Digital Inputs (4 HDMI 2 Optical 3 Coaxial) 5 x 90 Watts/Channel at 6 Ohms Sony DVPNS700WB 1080p Upscaling Video Output Through HDMI 1 $79.00 $79.00 Connection Client Provided Cable TV Tuner 1 $0.0 $0.00 Client Provided Computer w/ Analog VGA Output 1 $0.00 $0.00 Client Piovided Bluetooth Keyboard and Mouse 1 $0.00 $0.00 Control4 C4HC300EB Home Controller HC 300 1 $699.00 $699.00 Card WCS10B InHome Wireless Contact Switch (External 1 $139.00 $139.00 Access Antenna) Niles SS6 6 pair Speaker Selector 1 $159.00 $159.00 Mid. At ERK2725LRD 27 -Space 25" Deep Rack 1 $664.00 $664.00 Mid. At CBSERK25 Caster Base For 25" Deep ERK Rack 1 $214.00 $214.00 Mid. Atl. ERKRR27 1 Pair, 27 -Space, Full Hole Rack Rails 1 $70.00 $70.00 Mid. AtI. 114 4 -Space Rack Shelf 2 $85.00 $170.00 Mid. Atl. U 3 -Space Rack Shelf 5 $77.00 $385.00 Mid. At LBP1 R 10 pack Rear Rack Lacing Bars 1 $61.00 $61.00 Mid. AtI. HW5001Paital 100ct. Black Rack Hardware Screws 1 $15.00 $15.00 Panamax RACMAX 8- Outlet, Rack Mount, Surge Protector 1 $129.00 $129.00 Panamax GEC1410 10 Foot Extensions Cord 1 $19.00 $19.00 Wire RGBPL Bulk RGB Plenum (FT) 2 Feeds 150 $2.20 $330.00 Wire RG6CPL Copper Shielded, Video Cable (FT) Plenum 5 325 $0.68 $221.00 Feeds for Game Plate and PC Audio and 1 feed to Projector Wire DATAPL Projector Control Wire (FT) Plenum 75 $0.47 $35.25 Wire RG6QPL Coax RF Cable (FT) Plenum retro wire to cable 200 $0.63 $126.00 distribution for cable box Ixos XFA072008 Standard 2M Video Digital Audio Cable 3 $20.00 $60.00 Ixos XFA02200B Standard 2M Audio interconnect Cable 3 $20.00 $60.00 Equipment Closet Equipment Total ,234.25 Proposal Page 4 of 9 "EXH I I i Audio Video System for CUSTOM City of Carmel Fire Department tz Training Room Zone #1 Digitech will remove the existing electric screen and install a new 119" 16x9 tab tensioned electric screen. Digitech will also install a computer and video game wall plate in this area. Control of this area will be provided by a Control4 handheld system remote control making turning the entire system on and off a simple button press. See the component list below. Client Provided Eiki LC -XG300 Video Projector 1 $0.00 $0.00 Client Provided Projector Mounting Hardware 1 $0.00 $0.00 DaLite 88293 119" 16x9 Deluxe Tab Tensioned Advantage 1 $5,067.00 $5,067.00 Electrol Screen Control4 C4SR250ZB System Remote Control, SR250 (Included) 1 $0.00 $0.00 Digitech Custom VGA w/ Stereo Audio and Composite Video w/ 1 $75.00 $75.00 Stereo Audio Wall Plate Paradigm cssORSM 6-1/2" In- Celing Daul Voice Coil Speaker 8 $179.00 $1,074.00 Control4 =102 Wireless Dimmer 3 $129.00 $387.00 Control4 LSZ102 Wireless Switch 2 $129.00 $258.00 Misc Materials HD15 VGA to 5 BNC Break -Out Cable, etc 1 $35.00 $35.00 Panamax M2 2- Outlet AC Surge Protector (projector) 1 $39.00 $39.00 Wire 4CPl. 4 Conductor 16 Gauge Cable (FT) Plenum 300 $126 $378.00 Training Room Equipment Total $7,313.00 Pro 1 Page 5 of 9 Audio Video System for CUSTOM City of Carmel Fire Department aC Scope Of Installation Installation to Include: The delivery and installation of all equipment enumerated in the proposal in a timely, professional, and workmanlike manner, in compliance with any applicable codes and in such a way as to not void or abridge any manufacturer's warranties on installed products. It will include the installation of all wire, cable, conduit, cut -in boxes, speaker brackets, and miscellaneous controls as specified, with necessary wire terminations at main equipment or distribution locations. All required system junction points, wall jacks or plates, all provided source and amplification components, TVs, cameras, protection devices, and distribution systems, as well as any necessary system programming, testing, and calibration will be provided. Digitech does not provide services beyond those listed above as part of our routine installation service. Additional services if requested will be billed on a time and materials basis in addition to our normal charges. Programming This is the final phase of most installations and involves our staff customizing the various control systems specified for your installation. The programming will be performed consistent with standard Digitech protocol and with any specific client input. Your proposal includes charges sufficient to perform and debug this programming. If you desire, additional programming can be provided for an additional charge on a time and material basis. Consultation Digitech will provide complete system familiarization and training for all components it provides upon completion of your installation. In addition, any ongoing training necessary for provided equipment will be free of charge for one year following completion. Scheduling Upon acceptance of the following proposal all scheduling for the installation of your system will be coordinated by Chad Brewer, the production manager at Digitech. Chad will be available to your contractor, interior designer, cabinet builder, and any other involved persons to help coordinate the project. Ed can be reached at (317) 580 -1922 during normal business hours. NOTE: Digitech requires a minimum of 14 days notice to meet any scheduling deadline. Cabinetry Digitech will be happy to assist your builder, cabinetmaker, architect, or designer to develop proper cabinet plans to house future components. Digitech will not be held responsible for any cabinets that house our speakers or equipment that have not been submitted for our approval prior to their construction.. Work Requested Of Others 1) Network Oulet installed in the Equipment Closet for the local computer 2) Network Oulet installed in the Equipment Closet for the Control4 hardware 3) Network Oulet installed at the Computer /Game Wall Plate in the Training Room 4) Installation of the Control4 Lighting Dimmers and Switches ''yy� Pro sal Page 6 of 9�� �i� 4' F OIOfTECH Audio Video System for CUSTOM City of Carmel Fire Department ,Z System Summary Area Summary Equipment Closet Main Equipment Location $4,234.25 Training Room Zone #1 $7,313.00 SUBTOTAL $11,547.25 Discount 41,558.88 Indiana Sales Tax itessrts AREA TOTAL 56 Number Hourly Labor Categories of hours Rate Ext. Rate Engineering and Project Management 4 $75.00 $300.00 Programming 3 $90.00 $270.00 Estimated Installation Labor 64 $65.00 $4,160.00 LABOR TOTAL $4,730.00 Note: The above installation labor estimate includes equipment installation, project coordination, documentation prep, and certain programming operations. If the project can be completed in Tess time, Digitech will adjust your final billing to reflect the actual number of hours worked. If additional hours are required, they will be billed at a reduced labor rate of $32.50 per man -hour. g EQUIPMENT TOTAL $1 5 LABOR TOTAL $4,730.00 TOTAL INVESTMENT I1 7 ■■o• ya Proposal Page 7 of 9 11 OISITSCH Audio Video System for CUSTOM City of Carmel Fire Department f aC City of Carmel Fire Department Residence Home Entertainment System Agreement For Design, Sale, Installation, and Service Agreement Price: $15,417.56 Payment Terms and Schedule: Terms are NET: 10 Days Payment Schedule is as follows: 80% at acceptance and final payment of 20% will be due upon completion of your component installation. The undersigned, Digitech Custom Audio and Video, Inc. (Seller) and Purchaser, hereby acknowledge and agree: Purchaser authorizes Seller to install the system on the premises, and to make any necessary inspections or tests. The system shall be installed in a workmanlike manner, in accordance with the standard installation procedures of the Seller. Purchaser agrees to cooperate with Seller and provide reasonable access to the premises for installation or service work. Furthermore, Purchaser agrees to not intentionally delay or impede the installation process. The system shall remain the property of the Seller until fully paid in cash, and the Purchaser agrees to perform all acts that may be necessary to assure the retention of title to the system by Seller. Should Purchaser default in any payment for the system or part, then Purchaser authorizes and empowers Seller to remove the system or part from the premises. Such removal, if made by the Seller shall not be deemed a waiver of Seller's rights to damages Seller sustains as a result of Purchaser's default, and Seller shall have the right to enforce any other legal remedy or right. Furthermore, the Seller shall be in no way responsible to restore the premises to its original condition. Should the Purchaser fail to pay any charges herein when due, the Purchaser shall pay to the Seller, in addition to any other remedies which Seller may have against Purchaser, interest thereon not to exceed the highest rate allowed by applicable law, from the date payment is due until payment is made. Purchaser agrees to pay all reasonable costs of collection, including, but not limited to, reasonable attorney fees and court costs. In the event of installation delays which are beyond Seller's control (back ordered equipment, construction delays, etc.), Sellers may, at their discretion, call for payment of all work performed and equipment delivered, making appropriate adjustments for undelivered goods or unperformed work. Seller reserves the right to not continue installation work prior to receiving full payment (within terms) of outstanding invoices. Payment for the balance due on the original contract and any related change orders is due upon final installation. Service and warranty issues related to the installation do not relieve the Purchaser of their responsibility to remit full payment within these terms. During the course of installing wiring in pre existing homes, some damage can occur. Seller conducts retrofit installation using standard industry techniques and practices. Incidental damage to base moldings, carpet, drywall, plaster, or other similar surfaces is not the responsibility of Seller to repair, unless such damage results from gross negligence on the part of the Seller. Pro sal Page 8 of 9 OlerfECH Audio !Video System for CUSTOM City of Carmel Fire Department aC Scope of Work: The attached proposal is made a part of this agreement by reference. This agreement contains all provisions regarding the design, sale, and installation of the electronic systems for the Purchaser's home. All work done by Digitech will be performed in a professional manner according to accepted industry standards and practices. Change Orders and Modifications: In the event the parties desire to modify or amend this agreement in any manner, Digitech will produce a written change order which not be binding unless accepted by both parties. A copy of the change order will be mailed, faxed, or e- mailed (per the Purchaser's choice) to the Purchasers within 5 days. The change order will be considered binding unless the Purchaser notifies Digitech to the contrary within 10 days. Should the change order directly cause Digitech to arrange for special products that are outside the framework of Digitech's normal inventory, Digitech reserves the right to be compensated for such products in advance regardless of the anticipated completion date of the installation. Labor for the installation will be billed on a time and materials basis at the rates then in effect. Additional design, equipment, and installation charges for all change orders are due per the payment schedule listed in this agreement. Substitutions Of Equipment: All products specified in this proposal are currently available models from the manufacturer. In the event that the equipment specified becomes unavailable for any reason, Purchaser agrees that Digitech may replace the product with an item of equal or superior performance specifications at the prevailing proposal price, unless the Purchaser agrees to substitute equipment at a greater cost. One Year Unconditional Warranty: For a period of one (1) year from substantial completion of the system installation, Digitech will provide a full service warranty on all equipment, parts, labor, and installation. During this period, Digitech will repair or replace, free of charge, any defective or malfunctioning equipment and will correct, free of charge, any defects in installation. In addition, Digitech agrees to provide, upon request, comprehensive usage instruction and orientation to Purchaser during this period. No warranty contained in this agreement covers damage(s) that occur due to acts of God, acts of war, lightning, fire, flood, unauthorized alteration(s) to the system(s), neglect, or misuse. Equipment Manufacturers' Warranty: All merchandise sold under this agreement will cant' the manufacturers' warranty. Digitech will repair and/or replace any defective equipment only in accordance with the manufacturers' warranty. Digitech will support and provide service on all manufacturers' warranties. If the manufacturer's warranty exceeds one (1) year, the Purchaser will be responsible for costs involved for travel and labor necessary to remove and reinstall, and any expenses associated with equipment or installation repairs after the initial one year warranty period. Warranty On Equipment Not Purchased From Digitech: Should the proposal or subsequent change orders or Purchaser request(s) result in Digitech providing installation, hook-up, and/or integration of any equipment which is not purchased from Digitech, Digitech will not provide any warranty, either expressed or implied, with respect to such equipment. Price Quote Guarantee: Prices quoted are guaranteed for 90 days. Purchaser Date Digitech Custom Audio Date Video Inc. LX r i roposai Page 9 of 9`111