CONTRACT 5705A Amendment CLOSEDAgreement No. 5705A
FIRST AMENDMENT TO
AGREEMENT NO. 5705 BETWEEN
THE CITY OF EL SEGUNDO AND
WESTERN A/V, DBA WESTERN AUDIO VISUAL INC.
THIS FIRST AMENDMENT ("Amendment") is made and entered into this 23nd day of
December 2020, by and between CITY OF EL SEGUNDO, a general law city and municipal
corporation existing under the laws of California ("City"), and WESTERN A/V, DBA
WESTERN AUDIO VISUAL INC., a California Corporation ("Contractor").
Pursuant to Section 20 of the Agreement, Section 2 is amended to extend the term of
the Agreement, so that the Agreement will now expire on December 20, 2022, unless
terminated as set out in Paragraph 16 of the Agreement. The parties desire for this
change to take effect retroactively as of June 1, 2020.
2. In consideration, Contractor agrees to perform the additional services listed in the
attached Exhibit A. To the extent that there are additional terms and conditions
contained in Exhibit A, that are not in conflict with the Agreement, as amended, those
terms are incorporated as if fully set forth in the Agreement. In the event of any
conflict, inconsistency, or incongruity between Exhibit A and any provision of the
Agreement, as amended, the Agreement will govern and control.
3. This Amendment may be executed in any number of counterparts, each of which will
be an original, but all of which together constitutes one instrument executed on the
same date.
4. Except as modified by this Amendment, all other terms and conditions of Agreement
No. 5705 will remain the same.
[SIGNATURES ON FOLLOWING PAGE]
Agreement No. 5705A
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day and
year first hereinabove written.
CITY OF EL SEGUNDO,
a gerlral law city
WESTERN A/V, INC.
DBA WESTERN AUDIO VISUAL
....
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Mil niKevin Mahk6rn,
Manager Service Manager
ATTEST:
r
Tra � er,
APPROVED AS TO FORM:
l�M for
Mark D. Hensley,
City Attorney
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Taxpayer ID No. 20-2840423
Business License No. 41198
State License No. 871609
Agree XOt.� p. X705A
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&qA411AV!1 MOE'd I owl
tiervice Plus
Owner & Contract Holder:
City of El Segundo Library — Community Center
E ui meat Location:
111 W Mariposa Ave
El Segundo, CA 90245
Onsite Contact:
Darlene Fennell
Information Systems Department
310-524-2334
dfennell@elsegund�o.org
Billing Address:
111 W Mariposa Ave
El Segundo, CA 90245
Billing Terms:
Agreement Premium: $3,550/year — Billed Annually
Effective Date: 12/20/2020—12/19/2022
100% due upon acceptance, NET 30.
Agreement No. 5705A
E)l'('TEN"u`ED
WARRANTY
PLANS
PROACTIVE PREVENTATIVE MAINTENANCE
UP 10 I:!:O1. R (J) VISITS I)I!EIR YJ A� R
VISITS
EMAIL&TELEPHONE RESPONSE TIMES
R,ES1''ONS' !! WII'IMN (4) IND,Y!Z
(PRINCIPLE PERIOD OF MAINTENANCE")
TELEPHONE TECHNICAL SUPPORT
(PRINCIPLE PERIOD OF MAINTENANCE")
"' ° �" "` °mow"' " " '" '°
LI II:1LY:)
ON -SITE TECHNICAL SUPPORT RESPONSES
(PRINCIPLE PERIOD OF MAINTENANCE"')
12 BUSlINl SS L10U[: S
ON -SITE TECHNICAL SUPPORT RESPONSES
(NON -PRINCIPLE PERIOD OF MAINTENANCE"')
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016M�J!0,
711(10
)1fl!!I��I1UHOUa, 1HOU
4� &. SUN
COMPLETE EQUIPMENTREPAIR ANDIOR
REPLACEMENT
GROUND SHIPMENT
EXPEDITED SHIPMENT MANUFACTURER
ACIUM COS
SOFTWARE
UPDATES/UPGRADES OPTIONAL USER
SYSTEMTRAINING
PRIORITY SERVICE STATUS
II:)LL
MANUFACTURER REPAIR CASE
MANAGEMENT
SYSTEMS OPERATOR
F95 00 I:' r V n:CI-VII-VC1U. R
LABOR FOR PROJECTOR LAMP
IVGLUI:2I°)
REPLACEMENT
DISCOUNTED PURCHASE ON PROJECTOR
15 % DIscourit
LAMPS
2
Agreement No. 5705A
Western Audio Visual, upon the receipt and acceptance of YOUR application, will repair or arrange for the repair of YOUR COVERED
EQUIPMENT as necessary when such repair is due to a MECHANICAL OR ELECTRONIC BREAKDOWN OR FAILURE during the CONTRACT
PERIOD. WAV agreement is subject to the satisfaction of all terms and conditions of this CONTRACT. All repairs and replacements will be
with new or remanufactured parts and components as decided by Western Audio Visual.
A. Parts Repair/Replacement: All parts for the COVERED EQUIPMENT are covered by this CONTRACT except as excluded byArticle IV of this
CONTRACT.
B. Labor for Repair: All labor for repairs of COVERED EQUIPMENT is covered under this CONTRACT, except as excluded by Article IV of this
CONTRACT.
On -site service hours for this CONTRACT are from 8:00 a.m. to 5:00 p.m. PST Monday through Friday. We will provide on -site labor within 12
hours from the time of the original service call. Work must begin and end within these on -site service hours or telephone support hours,
based on the service being provided. Work, which is performed outside these hours, is billable at $180.00 per hour, door-to-door Monday
through Friday and $240.00 per hour Saturday and Sunday. By entering into this CONTRACT YOU agree to allow US to bill for On -site service
provided outside On -site service hours and Telephone Support provided outside Telephone support hours at the corresponding rates as shown
in this section. WE will request a purchase order or other form of payment guarantee for these billable services. If no payment guarantee is
forwarded to US within seven days of OUR request, WE will bill YOU for this work without a payment guarantee and YOU agree to pay for these
services without issuance by YOU of a payment guarantee.
C. Transportation of Parts and Equipment: WEwill pay fortransportation of COVERED EQU I PMENTfrom the EQUIPMENT LOCATION to
OUR shop for repair. WE will pay transportation of equipment from the EQUIPMENT LOCATION or OUR shop to the manufacturer, if
manufacturer repair is required. WE will pay for transportation of parts and components ordered in connection with servicing of the
COVERED EQUIPMENT. Transportation will be provided by OUR staff or by commercial carrier. If shipped by commercial carrier, it will be
shipped for two-day delivery. Expedited delivery is also available, upon request. If YOU wish to have the parts expedited, YOU agree to be
billed for the cost difference between the two-day delivery and the expedited delivery..
D. Preventive Maintenance: This CONTRACT includes four preventive maintenance calls per year. A preventive maintenance call is
defined as a field technician visiting the EQUIPMENT LOCATION to verify proper operation of the COVERED EQUIPMENT, install any factory
provided hardware updates, cleaning the heads of tape decks, returning the equipment controls to the predetermined operating levels,
converging video projectors for previously established input sources, clean filters and optics of projectors, reloading existing system
operating software (if required), and correcting operating conditions that are not within industry standards for operation.
If abnormal operating conditions outside industry standards are noted during a preventive maintenance call and the repair or correction
cannot be accomplished during the preventive maintenance call, another repair call will scheduled to correct the noted condition.
If abnormal operating conditions outside industry standards are noted during a preventive maintenance call and the repair is not covered by
this CONTRACT as noted in Article IV, WE will forward to YOU, either in written form or verbally, a description of the condition and a cost to
repair.
E. Loaner Equipment: If service provided under this CONTRACT cannot bring certain types of equipment to satisfactory operating
condition within four (4) working days, a loaner unit of comparable functionality will be provided at YOUR request. Loaner equipment will be
provided for the following categories of equipment: Video projectors, computer interfaces, and videocassette recorders. Loaner equipment
will only be provided within the limits of OUR non -allocated inventory. Loaner equipment will be provided at no cost to YOU. Loaner
equipment may not be an exact match to your existing equipment and may not be compatible with YOUR mounting systems or
Agreement No. 5705A
integrated remote control systems or other components of the system. This CONTRACT does not provide for services mounting or
connecting non -compatible loaner equipment to YOUR COVERED EQUIPMENT. Portable systems from OUR inventory shall be considered
acceptable substitutes as loaner equipment. CRT based video projectors, LCD based video projectors, DLP based video projectors and LCD
light valve video projectors shall be considered interchangeable as loaner equipment. YOU agree to be liable for the repair or replacement cost
of the loaner unit due to loss or damage while the loaner equipment is in YOUR possession.
A. Equipment Maintenance and Alteration: YOU mustprovide USwith unrestricted access tothe COVERED EQUIPMENT forscheduled
preventive maintenance visits. YOU may not alter the wiring interconnections of COVERED EQUIPMENT. YOU may not alter or modify the
COVERED EQUIPMENT. YOU may not alter, repair or modify the COVERED EQUIPMENT except as expressly directed by OUR service
personnel. YOU must operate the equipment as detailed in the user operations manual provided by the manufacturer with the COVERED
EQUIPMENT. YOU may notadd equipment, components, wiring or other parts to the COVERED EQU I PMENT without written notification to and
acceptance by US.
In the Event of the Failure of a Covered Component:
1. YOU must call us at 866-346-9283 or 714-637-7272. YOU must provide US with the Service Contract Number or the model of the
equipment in need of service and the nature of the problem.
2. YOU mustgive US access to all COVERED EQUIPMENT at a time within the following 24 hoursthatis mutually agreeableto both YOU and
US and is during OUR on -site service hours. If such a time cannot be mutually agreed upon, WE will schedule a service call to YOUR
EQUIPMENT LOCATION at the first availabletime beyond the 24hour period during the on-siteservice hours.
3. YOU must allow US complete and unrestricted access to the COVERED EQUIPMENT during OUR service call for a length of time as
required to repairthe COVERED EQUIPMENT. YOU must allocate enough timewiththeCOVEREDEQUIPMENTtotroubleshoot,diagnose, and
repairthe COVERED EQUIPMENT.
t
A. Parts other than the COVERED EQUIPMENT; projection screens and projection screen control devices; knobs; lamps; bulbs; trim; trim
parts; cabinetry; cathode ray tubes (CRT's); ILA optical units, DMD optical units; DLP//LCD optical units; LCD/Plasma screen panels; or
batteries. Such parts will be provided to YOU at a 15% discountfrom OUR published price;
B. Failure due to or caused by fire, failure as a result of utility services, failure as a result of poor, unconditioned or fluctuating electrical
power, or natural and environmental causes such as earthquake, tornado, lightning, corrosion, flood, or other acts of God, or other causes
beyond OURreasonable control.
C. Failure caused by abuse, misuse, or negligence, or previously installed or used equipment which is not in good operating condition;
D. Any actual, consequential or incidental damages incurred or suffered by YOU, directly or indirectly, or for economic loss, including, but
not limited to inconvenience, loss of profits, loss of business revenue, loss of time, loss of equipment use, or any other econom is loss of any kind
whatsoever, even Western has been advised of the possibility thereof;
E. Service required to diagnose YOUR complaint, failure or perceived failure if no mechanical or electrical failure was found, or was due to
YOUR inability to properly operate the COVERED EQUIPMENT;
Agreement No. 5705A
Video projector convergence problems caused by normal electronic fluctuations which occur between scheduled preventive
maintenance;
G. Control system or other software programming changes to facilitate control functions not available at the commencement of the
CONTRACT.
H. Failures or faults caused by structural, mechanical, electrical, or plumbing systems or devices not installed by US and not specifically
covered underthis CONTRACT.
Inability of the Covered Equipment, due to the manufacturing design of a product or products or the integration of the system, to perform
in a manner other than for what it was designed.
K. Convergence of video to a multisynchronus display device (i.e., video projector, video monitor, etc.) other than those that were
converged for at the start of the CONTRACT. Referto the schedule of converged sources at the end of this contract for covered convergences.
L. Any condition that existed prior to the start date of this CONTRACT that would have been obvious during a pre -inspection of the Covered
Equipment.
M. Repairs prohibited by statute, governmental regulation, or any other law.
0. Video conferencing equipment& software warranties & upgrades (Polycom,Tandberg, Lifesize, Cisco, etc.)
P. Owner furnished equipment
This CONTRACT may not be transferred to any other party without the express written consent of Western Audio Visual and the payment of a
transferfee equal to not less than ten percent (10%) of the premium amount. Western AudioVisual may, at its sole discretion choose to accept
the transferortoterm inatethe CONTRACT.
COMMENCEMENT,
OF CONTRACT
A. On or before thirty (30) days following the startdate of the CONTRACT:
1. YOU may cancel this CONTRACT and receive refund of the full premium if no benefits have been received or if no service calls or
telephone support has been provided to YOU by US.
2. If benefits have been received or if service calls or telephone support has been provided by US, YOU may cancel this CONTRACT for a
refund less the cost of the service performed, based on OUR published rate schedule.
B. Afterthirty (30) days following the start date of the CONTRACT, YOU may cancel this CONTRACT. The refund shall be a proration based
upon the time expired on the CONTRACT calculated to the start of the month following the notice of cancellation. All cancellations after
thirty (30) days are subject to a cancellation fee of ten percent (10%) of the refund amount. To cancel this CONTRACT, YOU must submit a
notice of cancellation in writing and return the complete CONTRACTto US. WE will then issue a check forthe refund amount.
Agreement No. 5705A
C. If the COVERED EQUIPMENT is not new and was not provided, installed or serviced by US, WE reserve the right to inspect the equipment
within thirty (30) days of the commencement of this CONTRACT to determine if WE wish to provide the services covered in this CONTRACT. If
WE determine that the equipment is not operating correctly, properly, or requires service to bring the equipment to good operating
condition, WE will forward an estimate to YOU regarding the cost of such service. This service is not covered by this CONTRACT. If YOU
decline to have US perform the work required to bring the COVERED EQUIPMENT up to good operating condition within fourteen (14) days of
the date of the estimate, WE may, at OUR sole option, refund the full amount of the premium and cancel this CONTRACT.
D. WE may cancel this CONTRACT at anytime for non-payment of the premium or if YOU do not meet YOUR obligations under Article III. If
YOU do not meet YOUR obligations under Article III or do not pay the premium within thirty (30) days of OUR invoice, WE have the right to
cancel this CONTRACT upon forwarding written notice to YOU. In the event of cancellation due to non-payment, YOU agree to be liable for the
full cost of services and parts provided to YOU at the rates published in OUR most current rate schedule. In the event that YOU do not meet
YOUR obligations underArticle 111, we will provide a portioned refund based on the time expired on the CONTRACT.
E. The CONTRACT shall commence upon the receipt of a purchase order or other acceptable payment guarantee, or on the date identified
on the first page of this CONTRACT, whichever is later. No CONTRACT on the COVERED EQUIPMENT work may be performed prior to the
commencement of the CONTRACT.
V11. DEFINITIONS
Thewords listed below have thefollowing meanings in this CONTRACT:
Means the equipment for which WE will provide service, as
listed on the first page of this CONTRACT.
CON .u.RAC I
Means this Service CONTRACTwhich specifies, among other things,
YOUR Coverage, the CONTRACTPERIOD, the Covered Equipment.
You, YotJl' (S)
City of El Segundo Library — Community Center
::I_EC'11':CCINK, OR L11::! CLflr11V Chi.. P:WL.IJR::�: AM) I!,R::.AR41C)0VVN
Means the inability of a properly maintained and operated piece of
COVERED EQUIPMENT to perform the function(s) forwhich it was
designed, due solely to defects in material or faulty workmanship.
Without limitation, Electronic orMechanical Breakdown andFailure
does not include damage due to negligence, caused by accident, or
the gradual reduction in performance due to wearand tear.
CON iI AC; II1::RC 0)
Means the period which begins on the date shown on page one of
this agreement, or the receipt by us of an acceptable payment
guarantee and ends on the expiration of the time limitation as set
forth in this CONTRACT.
"Wi :, tJ , ()UiJ (s)
Means Western Audio Visual
This CONTRACT is not a manufacturer's warranty or an extension of a manufacturer's warranty. This Service CONTRACT may provide duplicate
coveragewhile manufacturer's warranties are in force. This CONTRACT is not an express, implied or general warranty and is not a condition of
the purchaseof the COVERED EQUIPMENT.
Agreement No. 5705A
QTY MANUFACTURER MODEL DESCRIPTION
,�.
1 Sharp PN-LE901 90" 1080p LED-LCD TV - 16:9 - HDTV
1 Premier Mounts P5080T Tilting low -profile mount for flat -panels up to 300 lb.
1 Crestron HD-RXC-101-C-E DM Lite — HDMI® over CATx Receiver WIR & RS-
232, Surface Mount
1 Crestron HD-TXC-101-C-E DM Lite — HDMI® over CATx Transmitter w/IR &
RS-232, Surface Mount
1 Crestron DM-RMC-4KZ-100-C DigitalMedia 8G+® 4K60 4:4:4 HDR Receiver &
Room Controller 100
Sources
1 Crestron
HD-MD-300-C-E-W
DM Lite — HD Scaling Auto-Switcher & HDMI®
over CATx Extender 300 w/Wall Plate Transmitter,
White (Laptop HDMI & VGA)
1 Sony
BDP-S6700
4K-Upscaling Blu-ray Disc Player with Wi-Fi
1 Barco
ClickShare CSE-200
Wireless resentation s sterm
MMEENOM
1 Biamp
TesiraFORTE Al
Fixed 1/0 DSP with 12 analog inputs, 8 analog
outputs, and 8 channels configurable USB audio
1 Shure
QLXD24/SM58-H50
Handheld Wireless Microphone System
1 Shure
QLXD14/85
Lavalier Wireless Microphone System
2 Shure
UA221
Passive Antenna Splitter
1 Shure
MX418/C
Cardioid-18" Gooseneck Condenser Microphone,
Attached Preamp with XLR, Shock Mount, Flange
Mount, Snap -Fit Foam Windscreen
1 Shure
A400SMXLR
A400SM Shock Mount & A400XLR Insert
Packaged Combination
1 Lab Gruppen
992267011
E5:4 500wAMP 4CH
6 Yamaha
VXC6W
6.5" cone woofer with a 0.75" soft dome tweeter In
Ceiling Speakers, White
2 Yamaha
VXSBW
8" cone woofer with a 1 " soft dome tweete, White
1 Crestron DMPS3-4K-100-C 3-Series® 4K DigitalMedia TM Presentation System
100
1 Crestron TSW-760-W-S 7 in. Touch Screen, White Smooth
1 Western AV Misc Cables, Connectors, Hardware, Etc
1 Netgear GS108PE-300NAS ProSafe Plus Switch 8-port Gigabit Ethernet
Switch