Loading...
CONTRACT 5887 One Page Service Agreement CLOSED1��S1N • •- a Services Agreement Agreement No. 5887 DATE MAILED: 03-16-2020 Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No, CG 00 01 1185 or 88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such Insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an authorization to begin work. ® Comltrehensive General Liabilitv, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence. ® Auto Liability, including owned, non -owned and hired vehicles with at least: ® $1.000.000 per occurrence. ❑ S100,000.300.000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers' Compensation Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ® Business License: The CONTRACTOR shall agree to have a current City of EI Segundo license on file at City Hall or purchase said license (at no cost to the City). ❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the Planning Manager @ (310) 524-2340 if you have questions. ❑ Covv of valid oioture I.D. (Drivers license etc.) PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submitted by fcomotete all blanks): COLOR COPY REQUIRED BACK TO THE CITY Company Name: By (Print name & title): Information Station Specialists„ Inc. � da�ll ��Emn�r�encv;l'�an�� en't Coordinator CompanyStreet Address,. edI .. ure red: 3368 88th Avenue" City, Slate, Zip: Date signed: Zeeland, MI 49464.0051 0311612020 ....................... Phone: FAX: 616.772-2300 310.414.0929 Vendor's Email address: Vendors Web site: Info@theRAD10source.com https:llelsegundo.org Mail original agreement and insurance to: Cl Begun a 50 aln" beet, Room 5, EI Segundo, CA 90245-3813 OriginatorlDepartment Contact: Rand'aPl Dale Initiated: 03116/2020 insurance A vat. D v . m�.. ..............- Approved: 03"16a"22 — .._ A Department Head Approval. 'hi n Hi flied Date A rov fo pPrO" City Attorney City ma'nage, City Clerk 2020-03-16 The Information Station One -Page Services Agreement 3/16/20 __ 1�GcNERALLY. The materials, supplies .movrvines (collectively, "Purchase") covered bythis services agreement and purchase order (^order") must be furnished hySeller subject wall the terms and conditions contained inthis order which GeUer, in accepting this order, agrees to be bound byand comply with in all particulars. Nuother terms orconditions are binding upon the parties unless subsequently agreed minwriting, Written acceptance urshipment of all or any portion of the Purchase covered bythis order constitutes unqualified acceptance ofall terms and conditions inthis order. The terms ofany proposal referred to in this order are included and made mpart of the order only mthe extent itspecified the Purchase ordered, the price, and the de|ivmy, and then only to the extent that such terms are consistent with the terms and conditions of this order. 1|N3PECJ|ON. The Purchase furnished mum baexactly a,specified in /his order, free from all defects in 8o||m's penfonnanco, d,sign, workmanship. and materials, and, except mootherwise provided, iosubject minspection and test by Qty at all dmon and places. If, before final acceptanro, any any Purchase is found to be innomplete, nrnot eo ommified. City may reject it, require Seller to correct it without charge, n,require delivery ofsuch Purchase atoreduction in price that isequitable under the circumstances |fseller iounable o,refuses m correct such items within atime deemed reasonable byCity, City may terminate the order inwhole minpart. Seller bears all risks enmrejected Purchases and, inaddition toany costs for which Seller may become liable mCity under other provisions of this order, m"n\ reimburse City for all transportation cosN, other related costs incurred, nrpayments toSeller inaccordance with the terms of this order for unaccepted Purchases. Notwithstanding City's acceptance of any Pumhono. Seller is |iob|r for latent defects. havd, o, such gmnn mistakes an constitute fraud. 3.CMANGE@.City may make changes within the general scope of this order in drawings and specifications for specially manufactured puppliea, place of delivery, method ofshipment mpacking of the order bygiving notice toSeller and subsequently confirming such changes inwriting |fsuch changes affect the cost of o, the time required for performance of this order, an equitable adjustment inthe price ordelivery v,both must bemade Nnchange bySeller in allowed without City's written appm,ai Any claim bySeller for an adjustment under this section must bemade inwriting within thirty <3O>days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section mmvoea Oei|e, from proceeding with performance of the order aschanged 4. TERMINATION. City may terminate this order atany time, either verbally orin writing, with mwithout cause Should termination occur, City will pay Seller as fu|l performance until such termination the unit or pm rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller's default if Seller refuses or fails to comply with this order |iSeller does not cure such failure within oreasonable time period, n, fails mperform the Purchase within the time specified (or allowed byoxtennion}. Seller will Lmliable mCity for any excess costs incurred byCity. 5.OMEEXTEN0QM. Qty may extend the time for completion if, in City's sole dotermioation. Go||e was delayed twoavoe of causes beyond Se||v/n control and without Seller's fault or negligence. In the event delay was caused by City, Seller's sole remedy is limited to recovering money actually and nocosooh|y expended bySeller because ofthe delay; there ionnright to recover anticipated Profit. a.ms0sD|E0CUMULATIVE, City's rights and remedies under this order are not exclusive and are inaddition tvany rights and remedies provided bvlaw. 7J|TLs. Title mmaterials and supplies purchased under this order pass directly from Seller to City upon City's written acceptance following an actual inspection and City's opportunity \ureject. &PAYMENT. Qty will pay Seller after receiving ancvp/mh|a invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay oauage, shipping, packaging or boxing expenses unless specified inthis order Drafts will not behonored. 9]NDEMN|F|C4J|ON. Seller agrees \oindemnify and hold City harmless from and against any o|eim, action, damages, oom° (including, without /imitaUnn, attorney's feep).injuries, mliability, arising out of the Purchase mthe order, n, their performance Should Qty be named in any nuit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase morder, nrtheir performance, Seller will defend City (at City's request and with counsel satisfactory to QM and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For p�Lrp.2�es of this section ^City"includes City's officers. elected 2020-m3-10The Information Station One -Page Services Agreement Agreement No. 5887 officials, and employees. It is � understood and agreed that the foregoing provisions will survive termination of this order The requirements ua wthe types and limits ofinsurance coverage muemaintained bySeller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, tothe provisions concerning indemnification. 10.WARnANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives many customer for the same or substantially similar supplies or senvims, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection o,accmptanm,of the Purchase byCity. 11.ASS|GNMENT. City may assign this order Except as to any payment due under this order, Ge||r/ may not assign or subcontract the order without Q1yn written approval. Should Qty give consent, it will not m|invn Seller from any obligations under this order and any transferee or subcontractor will be considered Seller's agent. 12.|m0VRANCE. Seller must provide the insurance indicated nnthe face sheet of this Services Agreement 13.PEmM|TG. Seller must procure all necessary permits and licenses, and abide byall federal, state, and local laws, for performing this order 14]NDEPGNDENTCONTRACTnR. City and Seller agree that Seller will act an an independent contractor and will have uuntm| of all work and the manner in which is it cednnnnd, Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent memployee ofCity and isnot entitled mparticipate in any pension plan, mnumnre, bonus or similar benefits City provides for its employees. Any provision inthis order that may appear togive City the right mdirect Seller anto the details ofdoing the work ormexercise nmeasure ofcontrol over the work means that Seller will follow the direction ofthe City anmend results ofthe work only. 15.WAIVER. City's review or acceptance of, or payment fo,, work product prepared bySeller under this order will not beconstrued moperate noawaiver of any rights City may have under this Agreement orofany cause of action arising from Seller's performance. Awaiver byCity ofany breach ofany term, covenant, mcondition contained inthis order will not bedeemed mbeawaiver ofany subsequent breach of the same o,any other term. covenant, vrcondition contained inthis order, whether of the same nrdifferent character. 1n]NTempnsTAT|Ow.This Agreement was drafted in, and will bnconstrued in accordance with the laws Wthe State ofCalifornia, and exclusive venue for any action involving this agreement will bninLos Angeles County. 17. PREVAILING WAGES. |frequired byapplicable state law including, without limitation Labor Codeb0 1720 (as amended by AB 975 (2001)), 1771, 1/74. 1775. and 1770. CONTRACTOR must pay its workers prevailing wage It is CONTRACTOR'S responsibility minterpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damage resulting from aviolation ofthe prevailing wage laws, |naccordance with Labor Code 517r32.copies ofthe prevailing rate n/per them wages are available upon request from C|TY's Engineering Division or the wounim for State of California Prevailing wage determination at A copy of the prevailing rate ofper them wages must beposted atthe job site. 18. CONSIDERATION As consideration, CITY agrees wpay CONTRACTOR hrCDNTRAcTOR'n svnvinno not to exceed a total of$18.994VU(Sixteen thousand nine hundred and ninety-four dollars) for the work, CITY will pay for work as specified in the attached Exhibit `A,' which is incorporated by reference. Services to include: Refer to attached Exhibit "A" Agreement No. 5887 0 Information Station Specialists PO Box 51 • Zeeland. MI 49464-0051 - USA The Information Station - Classic Edition C' Quote C Estimate C Proforma Invoice Quote # 1001.a I Date 1/22/2020 Author f Tom Coviak $1,455.00 _.............. ..................... ......-........ Email / Phone I tom@theRADlOsource.com / 616.772.2300 x104 I Reference # N/A Comments: Qualifies for 25% public safety discount on deliverables. Information Contact Randy Collins ❑ Station Classic with 5kHz bandwidth, lifetime support, local / telco control, $3,565.00 $0.00 ❑ freight. Agency City of EI Segundo Includes preowned/certified Power Supply with Battery Backup - 2 Ship Address Batteries $169.00 $0.00 ❑ IPS Newmar Power Supply with 24 -12VDC Invertor (Pre -Owned - 90 Day Warranty) 1 Mail Address $400.00 ❑ Weather Radio Receiver from original system will be integrated. $295.00 $590.00 ❑ Existing Rack System from original system will be used for this equipment Phone 310.524.2366 Email rcollins@elsegundo.org p n rty Unit Price Amount Y LL r Deliverables o. Iverables .mW ._....:�uant ❑ Information Station Classic O - NX8R Dial Up Message Player 1 $14,292.00$14,292.00 Antenna Installation Options Roof Antenna Style 1 $350.00 $350.00 V Isolated Antenna Style (all equipment at outdoor cabinet site) $0.00 $0.00 ❑ Vertical Profile Antenna System (for above yard or isolated styles) (*') $3,806.00 $0.00 Audio Options HQ5.1 Broadcast Quality Audio Processor $1,455.00 $0.00 ❑ Flashing ALERT Sign System (**) Sign Panel $872.00 $0.00 ❑ Remote Control and Power Unit (for up to 4 signs) $3,565.00 $0.00 ❑ Special Additions SMR Receiver for FCC Compliance Tests (batteries included) $169.00 $0.00 ❑ IPS Newmar Power Supply with 24 -12VDC Invertor (Pre -Owned - 90 Day Warranty) 1 $400.00 $400.00 ❑ 12VDC Battery 79AH AGM 2 $295.00 $590.00 ❑ Subtract $500 for Rack Cabinet (Provided by EI Segundo - Using Original Rack) .1 $500.00 $-500.00 ❑ Subtotal $15,132.00 Discount .25 - $3,783.00 N Discounted Subtotal $11,349.00 Page 1 of 5 Information Station Specialists, Inc. Phone 616.772.2300 - Fax 616.772.2966 - Email info@theRAD10source.com - www.theRAD10source.com Description p Services **** I � Flu System Engineering and Planning Frequency Search FCC License Transmitter Site Preparation Electronics Installation Onsite Training and FCC -Required Signal Study Flashing ALERT Sign System Installation HearMorelnfo StreamCAST Monthly Service (****) Lifetime Product Support (a required service) Taxable items are checked, on right. If you feel we have not charged at the appropriate sales tax rate for your location, please advise prior to ordering.. If we do not collect applicable taxes, you might be required to remit them directly to your state government as "use tax." Unless one is on file already, we will send you a "State Tax Info Form" for you to complete and submit after your order is received. Prices are valid for 180 days from quotation date. Footnotes Agreement No. 5887 Quantity Unit Price Amount 1 $250.00 $250.00 1 $895.00 $895.00 1 $750.00 $750.00 1 $3,500.00 $3,500.00 $29.95 $0.00 1 $250.00 $250.00 Subtotal $16,994.00 Packaging and Handling $0.00 Freight $0.00 Sales Tax Percent =.0000 Grand Total $16,994.00 (*) The Classic Edition Information Station basic package includes yard or isolated antenna/groundplane installation equipment, a transmitter; a digital message player; the ability to update broadcast programs via telco/DTMF, local recording user -provided two-way transceiver. (**) Installations of Vertical Profile Antenna Systems assume adequate room and no underpaving excavation work required. (***) Flashing ALERT Signs are 42" x 24" aluminum with LED beacons and custom text, Each sign must be physically wired to the RCPU for power and control. Each RCPU includes a receiver, cabinet and LED/flasher, solar -charging system and support and attachment hardware. RCPUs are powered by the sun and triggered to activate Flashing ALERT Sign beacons via your 2 -way radio system. Each RCPU can power and control up to 4 signs. Flashing ALERT Sign System installation is not included unless specified. Installation is typically done locally. (****) HearMorelnfo: Unlimited connections are allowed, so no one is ever denied access to the stream even during major events or emergencies. If the number of simultaneous users exceeds 100 -which would typically only occur in a major crisis -monthly usage over -charges might apply: $100 if simultaneous users exceeds 100, $200 if simultaneous users exceeds 200, etc. (*****) Services: (a) Frequency Planning Package includes Frequency Search and Signal Monitor Radio Receiver. (b) The FCC License includes the engineering study, FCC filing and FCC -required construction notification, as well as tracking, changes, temporary test licenses and notifications. (A FCC license is required for 10 -watt Information Stations, except for federal agencies, which obtain an authorization separately thru their agencies.) (c) Transmitter Site Preparation Package typically includes connection to services, installation of coaxial cables, cabinets, groundplanes, conduits and excavation. (d) The Electronics Installation Package typically includes installation, tuning and testing of electronics. (e) The Training and FCC Signal Intensity Survey typically include FCC -required signal documentation, complete staff training, certification and customer materials. Unless otherwise specified, the buyer is responsible for providing telephone, network, leased line or other services to the site. (f) Required Services: life -time remote technical assistance for product operation, maintenance and troubleshooting during the life of the equipment. Unless required by the purchase contract, the following are not included: wood antenna support poles, ordering of telephone, network, paging, cellphone or other services from third -party providers; connection to customer computer networks; cutting and replacing pavement for buried services installation; restoration of landscaping or yards; securing work permits. Page 2 of 5 Information Station Specialists, Inc. Phone 616.772.2300 - Fax 616.772.2966 - Email info@theRADlOsource.com - www.theRAD[Osource.com Agreement No. 5887 Notes We prepay ground freight within the 48 contiguous United States if the total of the order before tax exceeds $2,500. Freight to Alaska and Hawaii bears an additional charge. The product is typically available for shipment 30-60 days after we receive your order, and the equipment configuration is provided. Terms for government entities: Net 30 days to government entities and their agents. Terms for private entities: Payment is required at the time of order or shipment. Check clearance time will apply. Terms may be extended after initial orders. Payment methods: Check, money order, VISA/MC, electronic funds transfer (EFT). MastercarcINISA accepted for contracts under $3,500. We have an automatic one-year parts -and -service warranty for the standard system and offer technical assistance via phone/email for the life of the product. Workstation Audio Control hardware by Dell has a 3 -year, onsite warranty with next -day service. The software has 1 -year email support. The Audio Science sound card has a 1 -year manufacturer warranty. Upon delivery, we provide 1 year of phone support (24 hours/7 days a week), technical staff for operation and troubleshooting all Work Station Audio Control hardware and software. User -end damage, including lightning strikes and other outside physical damage or misuse, is not covered on the warranty. We do not warrant modifications to the product made by the customer. Unless specifically stated, quoted pricing does not include custom drawings or special engineering studies, soil/ground testing or the cost or acquisition of local permits required for installation work. It is assumed that these costs are borne by the purchaser unless stated otherwise in writing. Purchases are subject to these "Standard Terms and Conditions" agreement on the next page, which becomes part of the contract Page 3 of 5 Information Station Specialists, Inc. Phone 616.772.2300 - Fax 616.772.2966 - Email info@theRADlOsource.com - www.theRAD10source.com Agreement No. 5887 Standard Terms and Conditions This signed document shall be part of any purchase contract with Information Station Specialists, Inc. Orders Orders for products and services will be accepted and will be entered for implementation only when configuration information is provided to Information Station Specialists. This information, if not provided by the buyer on the purchase order, is to be provided by the completion and return of special questionnaires sent to the buyer immediately after the order is received. Purchase orders are deemed incomplete and are not accepted until configuration information is received by Information Station Specialists. Billing Payment terms by the buyer of Information Station Specialists equipment and services shall be net 30 days (maximum), Information Station Specialists reserves the right to invoice for equipment at the time of delivery and separately for labor at the time of completion Deliveries of equipment and provision of services may be in stages. Partial billing may occur as the project proceeds. Information Station Specialists reserves the right to postpone or cancel field labor or subsequent equipment shipments in the event that invoices beyond 30 days are unpaid Net -30 payment terms are independent of any arrangement or contract the buyer has with any other party, including his customer, if any A 1.5% interest charge shall be levied against invoices not paid within the 30 -day period, beginning on the date 30 days have elapsed and monthly on that calendar date, thereafter. Return of components and materials to Information Station Specialists are subject to a 20% restocking fee to cover freight and labor, a cost the purchaser shall bear Field Labor Information Station Specialists reserves the right to invoice for additional field labor and travel -related expenses required of Information Station Specialists technicians due to lack of preparation on the part of the customer or his agents or contractors under his direction A 30 -day minimum lead time is required to schedule field labor. Submittals By entering into this agreement, the buyer agrees that Information Station Specialists product specifications are acceptable to him/her as well as to his/her customer, if said product(s) is(are) to be resold FCC Licensing Information Station Specialists cannot guarantee FCC approval of license applications in advance of the such grants. If the buyer elects to build the station in advance of a regular license grant, components that might subsequently require return or modification are subject to additional freight, labor, parts or restocking fees. Interference Information Station Specialists is not responsible for signal interference from the environment, including, but not limited to: other radio stations, power line, computer or other communication systems. Signal reception cannot be guaranteed at any location unless a signal test is performed in advance of the provision of equipment and services. In such a case, similar reception can be guaranteed only given the same environmental conditions and equipment configuration present during testing I understand that the installation of an AM antenna on or within 50 feet of other communication systems increases the likelihood of interference to such systems (telephone, computer, radio and other AV systems) The buyer will accommodate or otherwise be responsible for rectifying any resulting interference to these systems. Agreement This signed agreement comprises an order for the aforementioned products and services per our terms and conditions. Please submit in association with or in lieu of a purchase order document. ..._.......... ........ ............. Signature Printed Name ........... ........... __ ............................... Title Date '............... _.......... .... Agency PO # (if applicable) Federal Employers ID/Tax Number (FEINlTIN) Billing Address Shi...........�a pping Address (if different) Page 4 of 5 Information Station Specialists, Inc. Phone 616.772.2300 - Fax 616.772.2966 - Email info@theRADlOsource.com - www.theRAD10source.com Agreement No. 5887 Warranty and Service Information Lifetime Product Support Information Station Specialists provides remote technical support 24 hours a day, 7 days a week, for the life of your Information Station Specialists system. By telephone: Call 616 772.2300 and press 5, 9 am to 5 pm Eastern Time After hours, press 8 to page a technician. By email: Send to info@theRAD10source.com, 24 hours a day. You will receive a response within 24 hours and/or on the next business day For assistance with computer-based audio control systems: Call between the hours of 9 am and 5 pm Eastern Time at 616 772,2300 (and press 5) to have an Information Station Specialists technician work with you live online. General Warranty Information Station Specialists, Inc., warrants its new products against defects in workmanship for one year from the date the products are placed into service. Defective components may be returned prepaid to Information Station Specialists for repair or replacement at no charge during the one-year warranty period. Damage that occurs after delivery, such as from lightning or other physical, electrical/digital sources, including improper use or abuse, is not covered by this warranty. The warranty is void should the configuration of components, hardware or software, including the total system, be modified (or modified with respect to the operating environment) subsequent to delivery. This is the full and complete warranty for new products and services. Information Station Specialists assumes no obligation or liability for additions or modifications to the above warranty unless made in writing and signed by an officer of Information Station Specialists, Inc. Information Station Specialists supplies this warranty in lieu of all other warranties expressed or implied, including warranties of fitness of the product(s) for a particular purpose. In no event shall Information Station Specialists be liable for incidental or consequential damage to the full extent that might be disclaimed by law Warranty periods for preowned/reconditioned products, may vary and will be stated on associated quotations Certain personal computer components, peripherals and software might have warranties that exceed the one-year Information Station Specialists warranty and might begin on the date of sale, e.g.: Dell -brand computer hardware has a three-year onsite warranty with next -day service. The Information Station Specialists general warranty may be extended beyond one year for an annual charge. Service Information The warranty service location is Zeeland, Michigan, USA. Service contracts are available after expiration of the warranty period These contracts provide for prompt repair and replacement of defective components in the field Please inquire for pricing. Repair parts may be purchased directly from Information Station Specialists, Inc„ maintains a 24-hour access line and 24-hour fax and email service to make contact simple and immediate The proposed equipment includes diagnostic equipment operators might use to easily identify defective components. Typically, defective modules are removed by users and sent to Information Station Specialists for immediate replacement or repair Technical training may be requested of Information Station Specialists at the time of system installation and/or by calling 616 772 2300 to arrange an appointment Page 5 of 5 Information Station Specialists, Inc. Phone 616.772.2300 - Fax 616.772.2966 - Email info@theRAD10source.com - www.theRAD10source.com ...............