HomeMy WebLinkAboutContractDocuSign Envelope ID: 72A37B3F-605E-4B88-947A-07F04A7985E5
a v i d e x❖:•
AudloVideo Integration & Design Excellence
6100 Stewart Avenue I Fremont, CA 94538 1510.279.7100
8509 1541" Ave. NE, Suite #100 1 Redmond, WA 98052 1425.643.0330
3600 Service Agreement
SA# S100230160
City of Medina
501 Evergreen Point Road
Medina, WA 98039
Craig Fischer
425.233.6419
cfi sch a r@ med i n a-wa-g ov
Submitted by Cindy Buck
510.279.7118
Cindy.buck0avidex.com
6 June 2023
AVIDEX INDUSTRIES, LLC Page 1 June 6, 2023
CA LOW VOLTAGE LICENSE CSLB #981651 1 WA Limited Energy License AVIDEIL963CZ
Confidential —v.1.2 February 11, 2019 M&SA S10190151
DocuSign Envelope ID: 72A37B3F-605E-4B88-947A-07F04A7985E5
3600 SERVICE PLAN sM
An Avidex 3600 Service Plan gives your organization access to a suite of proactive support
services which provide worry free operation of the system for 1 year(s) from the date of
agreement acceptance.
Avidex recommends the Advanced 3600 Service Plan to provide City of Medina the best value,
long term coverage and peace of mind for your audiovisual systems. The key benefits of this
and other available service plans are summarized in the table below.
A detailed description of the specific service inclusions and exclusions associated with your
3600 Service Plan is provided in Appendix A.
SCOPE OF SERVICES
Avidex will provide the City of Medina with a (1) one year maintenance and support agreement
from J13068180214. This agreement will include a guaranteed onsite response time of (1)
Business Day, (1) one preventive maintenance visit, and include a 15% parts and piece discount.
*Does not include remote monitoring/management
DEFINITIONS
Term and Automatic Renewal
The 3600 Service Plan Agreement begins on August 11th, 2023 and runs for a term of 1 year(s).
Unless written termination is requested by either party thirty (30) days prior to the expiration
date of the current 3600 Service Plan term, the Agreement between the parties shall
automatically renew for successive one (1) year periods. Written termination requests by the
client should be sent to: Attn. Contract Admin 8509 154th Ave NE, Suite 100, Redmond, WA
98052.
AVIDEX INDUSTRIES, LLC Page 3 June 6, 2023
CA LOW VOLTAGE LICENSE CSLB #981651 1 WA Limited Energy License AVIDEIL963CZ
Confidential —v.1.2 February 11, 2019 M&SA S10190151
DocuSign Envelope ID: 72A37B3F-605E-4B88-947A-07F04A7985E5
PRICING
3600 SERVICE PLAN -The annual fee for Advanced service & support is: $3,952
AUTHORIZATION TO PROCEED — 3600 SUPPORT SERVICES
Avidex services will commence upon receipt of Purchase Order or Executed Contract.
Submitted by: Avidex Industries, LLC
Name: Dave Crace
Signature:
Date: 6/6/2023
Client Approval Internal Avidex Approval
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Signature Q(rc.-oo to 4on nn Signature
Name/Title Name/Title _ Claudia Guerroirector Branch Administ
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6/12/2023
Date Date
ATTACHMENTS
Appendix A: Integrated Systems Terms & Conditions
Appendix B: Source Code License and Non -Disclosure Statement (if applicable)
Appendix C: Service Agreement Inclusions & Exclusions
Appendix D: Covered Systems Site Location(s) & Equipment List(s)
AVIDEX INDUSTRIES, LLC Page 5 June 6, 2023
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DocuSign Envelope ID: 72A37B3F-605E-4B88-947A-07F04A7985E5
Should Avidex be delayed at any time In the progress of the work, by material changes ordered in the work, by labor disputes, fire. unusual delay in
deliveries, construction delays, unavoidable casualties or causes beyond Avidex's control, the agreed upon time for completion shall be extended by
Change Order for such reasonable time as the Project manager may determine. Such Changes Orders may include charges to cover additional costs
incurred by Avidex due to the delay. Avidex's proposals for installation costs are based upon "our days and 40-hour workweeks, Monday through
Friday, between the hours of 8:OOAM and 5:0012M. Installation costs for work outside or normal business hours or business days may be subject to
overtime rates, when mutually agreed upon in writing. Project timeline and completion schedules will not begin until deposit or initial payment is received
by Avidex.
13. INSTALLATION
Avidex's proposals for installation cost are based on 8-hour days and 40-hour weeks. Monday through Friday, between the hours of 8:OOAM and 5:0013M.
However, with prior Owner approval and security clearance, installation activity and access to the project site may take place outside of normal business
hours and days. Avidex will install all items not requiring heavy construction, and shall make all final connections of equipment, except direct connections
into the buildings electrical system. There should be no use of the system by the owner for its intended purpose until such time as formal approval and
acceptance has taken place. Avidex may waive this requirement only with a written authorization. Any operations or changes by the owner or contractors
other than Avidex, which result In damage or Impairment of the system and may require a change order and additional charges to the owner. The
attached proposal and/or quote was based upon site surveys and verbal Information from the owner. While every effort has been made to determine
installation conditions, on occasion unforeseen problems may arise that will require a change order to cover additional costs by Avidex.
14. CHANGES/RETURNS/CANCELLATION
Any changes or modifications to the agreed upon scope of work defined In this proposal must be mutually agreed upon in writing. All changes shall be
submitted and approved in writing, and documented in a change order. Should the Owner in whole cancel a project or In part, prior to final completion,
the Owner agrees to pay Avidex for all reasonable costs incurred to date and/or to bring the project to an acceptable close. These costs include, but are
not limited to: the design and engineering services: project management; the installation and programming technical labor, the subcontracting costs; the
materials and equipment costs Incurred to date; and other miscellaneous documented costs. Materials and equipment are also subject to restocking
charge policy. Due to the custom nature of the audiovisual equipment, Owner requested changes once the equipment Is in hand or in transit, may result
in restocking charges to the Owner. Restocking charges will be 30% of the equipment sale price, plus freight for non -custom equipment, and 100% of
the equipment sale price, plus freight for all custom or specialty (non-standard) equipment. Any changes to the agreed upon scope of work defined in
the proposal must be authorized In writing.
15. WARRANTY
Av€dex warrants the integrated system(s) furnished are free of defects in workmanship and materials for a period of one year from the date of acceptance
or date of first beneficial use whichever occurs first. Remedy for such defects during the warranty period shall be provided at no additional expense to
the client and shall be handled as expeditiously as is feasible during normal business hours and days of operation. This warranty includes troubleshooting,
uninstalling and installing of any equipment within the Avidex system except for the cost to service and/or repair Owner Furnished Equipment (OFE) or
out of manufacturer warranty equipment. Avidex will broker and process the repair of that equipment at the standard Avidex fee rate.
16. 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.
17. ENTIRE AGREEMENT
This agreement and appendices to this agreement, including the RFP as reference herein, supersede, terminate and otherwise void any and all prior
written and/or oral agreement 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
schedules, proposal summaries and/or Change Order are by this reference Incorporated In this agreement.
18. LIMITATION OF LIABILITY
Without limitation of any other provision in this agreement limiting or excluding liability of Avidex the exclusive damages recoverable by the purchaser for
any claim of any kind whatsoever arising from or In any way connected to any breach or this agreement, or the purchaser's purchase shall not be greater
than the actual purchase price paid by the purchaser with respect to which such claim is made, and in no event shall Avidex be liable for any special,
indirect, incidental or consequential damages of any kind, including without limitation any damages with respect to loss of income, compensation or
prospective profits, any expenditures, investments or commitments of the purchaser, any loss with respect to the establishment, development or
maintenance of business reputation or good will, or any loss incurred In obtaining substitute products, or arising from the claims of third parties.
19. GENERAL
During the performance of this Agreement, the contractor/vendor shall comply with all applicable federal, state and local laws of any nature whatsoever
in connection with the goods and services provided including, but not limited, to, applicable provisions of E.O. 11246, Rehabilitation Act of 1973, Vietnam
Era Veterans' Readjustment Assistance Act of 1974. E.O. 13496 and respective regulations including 29 C.F.R. 471 Appendix A to Subpart A. and the
EEO Clauses set forth in 41 C.F.R. 60-1.4. 41 C.F.R. 60-300.5 and 41 n. cont. C.F.R. 60-741.5 This contractor and subcontractor shall abide by
the requirements of 41 CFR §§ 604.4(a), 60-300.5(a) and 60 741.5(a). These regulations prohibit discrimination against qualified individuals
based on their status as protected veterans or Individuals with disabilities, and prohibit discrimination against all Individuals based on their
race, color, religion, sex, sexual orientation, gender Identity or national origin. Moreover, these regulations require that covered prime
contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color,
religion, sex, sexual orientation, gender Identity, national origin, protected veteran status or disability.
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DocuSign Envelope ID: 72A37B3F-605E-4B88-947A-07F04A7985E5
APPENDIX C: SERVICE PLAN INCLUSIONS & EXCLUSIONS
ADVANCED (INCLUDED AND PRICED)
In the Advanced plan, Avidex warrants the items in the system(s) that are under coverage are free of defects
for the duration of the service agreement. This coverage includes troubleshooting, uninstallation and
reinstallation of the equipment integrated by Avidex or covered underAppendix D. Remedy for such defects
during the coverage period shall be provided at no additional expense to the client. The following services
are included under this coverage:
REACTIVE SUPPORT
Avidex 360° Service Help Desk
o Avidex will provide a dedicated toll -free number to report and request technical support for the
integrated equipment
o The Avidex 3600 Service Help Desk is operated twenty-four hours per day, seven days per week
to log your service request
o Avidex will respond to the initial support request within 2 business hours
o Avidex will make contact with the client during standard business hours of Monday — Friday 8:OOAM
to 5:OOPM Pacific Time except for Avidex holidays in an effort to resolve the issue remotely via
telephone or email to ensure the quickest possible resolution
o Avidex will administer the repair process for defective or broken equipment including processing of
any manufacturer RMA
On -Site Support
o In the event remote support via telephone or email does not resolve the issue, Avidex will provide
a qualified Field Support Engineer during standard Avidex hours within one business day of the
support request
o Avidex will troubleshoot the system and make the best effort to resolve the issue(s) while at the
client site
o Avidex will return defective equipment to an authorized repair center or directly to the manufacturer
for warranty repair or exchange. (All fees related to shipping are included.)
o In the event the item may no longer be repairable, Avidex will provide a quote for a suitable
replacement to ensure full system operability
o Avidex will install the repaired or replaced equipment and test to ensure the system is operable per
the original system intent
Lamp Replacement
o Lamp replacement labor (only) is covered under this support agreement
PRO ACTIVE SUPPORT
Preventive Maintenance
o Avidex will perform periodic maintenance for your integrated audiovisual system including system
check, cleaning, and tweaking of all appropriate equipment. Avidex will also provide a summary
report detailing the status of the audiovisual system and troubleshoot and repair any discovered
audiovisual problems
o This proposal includes one (1) preventive maintenance visit per year of the agreement
o Upon completion of each preventive maintenance visit, the Field Support Engineer will conduct a
system operations training session if requested
AVIDEX INDUSTRIES, LLC Page 9 June 6, 2023
CA LOW VOLTAGE LICENSE CSLB #981651 1 WA Limited Energy License AVIDEIL963CZ
Confidential — v.1.2 February 11, 2019 MBSA S10190151
DocuSign Envelope ID: 72A37B3F-605E-4BB8-947A-07F04A7985E5
APPENDIX D: Covered Systems Site Location(s) & Equipment List(s)
501 Evergreen Point Road
Medina, WA 98039
Council Chambers and Sound Masking System
AVIDEX INDUSTRIES, LLC Page 11 June 6, 2023
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