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Contract - Technology For Education, LLC - 11/8/2018 CITY OF ROUND ROCK AGREEMENT FOR AUDIO-VIDEO EQUIPMENT UPGRADE AT CITY OF ROUND ROCK POLICE DEPARTMENT WITH TECHNOLOGY FOR EDUCATION, LLC THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THAT THIS AGREEMENT for the purchase and installation of an upgraded audio-video system for the City of Round Rock Police Department's conference/training rooms, and for related goods and services (referred to herein as the "Agreement"), is made and entered into on this the day of the month of by and between the CITY OF ROUND ROCK, a Texas home-rule municipa 1 Veo ices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as the "City"), and TECHNOLOGY FOR EDUCATION, LLC, whose offices are located at 4411 South IH-35, Suite 110, Georgetown, TX 78626 (referred to herein as "TFE"). RECITALS: WHEREAS, City desires to purchase certain deliverables, specifically, upgraded audio- video equipment to be installed at the City of Round Rock Police Department's conference/training rooms, and to purchase goods and services related to said equipment, and City desires to procure same from TFE; and WHEREAS, City is a member of the Buy Board Cooperative Purchasing Program ("Buy Board") and Vendor is an approved Buy Board vendor through Buy Board Contract # 498-15; and WHEREAS, City desires to purchase certain goods and services from Vendor through Buy Board as set forth herein; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties, and obligations; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 00407674/ss2 4.01 SCOPE OF WORK TFE shall satisfactorily provide all goods and complete all services described in TFE's Proposal, Exhibit"A," attached hereto. This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. TFE shall satisfactorily provide all deliverables and services described in Exhibit "A" within the contract term specified. A change in the Scope of Services must be negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as described herein. 5.01 CONTRACT AMOUNT In consideration for the deliverables and services related to the deliverables, the City agrees to pay TFE One Hundred Twelve Thousand Three Hundred Sixty-Seven and Eighty/100 Dollars ($112,367.80) for the goods and services set forth in Exhibit"A." 6.01 INVOICES All invoices shall include, at a minimum, the following information: A. Name and address of TFE; B. Purchase Order Number; C. Description and quantity of items received or services provided; and D. Delivery or performance dates. 7.01 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving a written notice of termination at the end of its then current fiscal year. 8.01 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to TFE will be made within thirty (30) days of the day on which City receives the performance, supplies, 3 Heath Douglas Information Technology Director 221 East Main Street Round Rock, Texas 78664 hdouglas(i4oundrocktexas.gov 13.01 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. 14.01 DEFAULT If TFE abandons or defaults under this Agreement and is a cause of City purchasing the specified goods elsewhere, TFE agrees that it may be charged the difference in cost, if any, and that it will not be considered in the re-advertisement of the service and that it may not be considered in future bids for the same type of work unless the scope of work is significantly changed. TFE shall be declared in default of this Agreement if it does any of the following: A. Fails to make any payment in full when due; B. Fails to fully, timely and faithfully perform any of its material obligations under this Agreement; C. Fails to provide adequate assurance of performance under the "Right to Assurance" section herein; or D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States. 15.01 TERMINATION AND SUSPENSION A. City has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty(3 0) days' written notice to TFE. B. In the event of any default by TFE, City has the right to terminate this Agreement for cause, upon ten (10) days' written notice to TFE. 5 C. In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel and will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of TFE verifies TFE does not boycott Israel and will not boycott Israel during the term of this Agreement. 18.01 INSURANCE TFE shall meet all City of Round Rock Insurance Requirements as required by City as set on the City's website at: http://www.roundrocktexas.gov/wMcontent/uploads/2014/12/coff insurance 07 20112 pdf. 19.01 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 20.01 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to TFE: Technology for Education, LLC 4411 South IH-35, Suite 110 Georgetown, Texas 78626 Notice to City: City Manager Stephan L. Sheets, City Attorney 221 East Main Street AND TO: 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 7 Time is of the Essence. TFE understands and agrees that time is of the essence and that any failure of TFE to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. TFE shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to TFE's failure to perform in these circumstances, City may pursue any remedy available without waiver of any of City's additional legal rights or remedies. Force Majeure.Neither City nor TFE shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible as defined herein. However, notice of such impediment or delay in performance must be timely given and all reasonable efforts undertaken to mitigate its effects. Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, City and TFE have executed this Agreement on the dates indicated. City of Ro nd Rock, Te as TecWName:--JrLAj!� ucatio ,LLLC By: By: Printed Namj: Prin Title: "A0Title: Date Signed: Date Signed: zo I's Attest: i By: jot_. Sara L. White, City Clerk For City, ' p roved as to orm: By: Stephan-A. Sheets, City Attorney TPMC-4SM-B-S Crestron 4.3"touchpanel w/tt 1 ea $ 765.00 $ 765.00 $ 108.80 $ 873.80 CP3 Crestron series 3 processor 1 ea $ 1,059.00 $ 1,059.00 $ 921.60 $ 1,980.60 1604 HDMI Extron video switcher 1 ea $ 1,405.00 $ 1,405.00 $ 54.40 $ 1,459.40 London Blue 50 BSS 4x4 dsp processor 1 ea $ 839.00 $ 839.00 $ 336.00 $ 1,175.00 CD11000 Crown 2x500 amp 1 ea $ 839.00 $ 839.00 $ 54.40 1 $ 893.40 Custom ITFE rack input 1 ea $ 77.00 $ 77.00 $ 54.40 $ 131.40 202 with usb and Extron Cable Cubby 1 ea $ 464.00 $ 464.00 $ 336.00 $ 800.00 Custom wall pate 1 ea $ 130.00 $ 130.00 $ 54.40 $ 184.40 CID Conference Room 86UM3c-b LG 86"commercial displays(LG 86"4k full commercial) 1 ea $ 4,188.00 $ 4,188.00 $ 108.80 $ 4,296.80 XTM1 chief Tilting wall mout 1 ea $ 241.00 $ 241.00 $ 108.80 $ 349.80 TPMC-4SM-B-S Crestron 4.3"touchpanel w/tt 1 ea $ 1,059.00 $ 1,059.00 $ 54.40 $ 1,113.40 CP3 Crestron series 3 processor 1 ea $ 1,405.00 $ 1,405.00 $ 921.60 $ 2,326.60 1604 HDMI Extron video switcher 1 ea $ 1,405.00 $ 1,405.00 $ 54.40 $ 1,459.40 London Blue 50 BSS 4x4 dsp processor 1 ea $ 839.00 $ 839.00 $ 336.00 $ 1,175.00 CDI1000 Crown 2x500 amp 1 ea $ 839.00 $ 839.00 $ 54.40 $ 893.40 Custom TFE rack input 1 ea $ 77.00 $ 77.00 $ 54.40 $ 131.40 202 with usb and Extron Cable Cubby 1 ea $ 464.00 $ 464.00 $ 336.00 $ 800.00 user TFE install cables 16 ea $ 52.00 $ 832.00 $ 870.40 $ 1,702.40 user TFE User cables 10 ea $ 22.00 $ 220.00 $ 108.80 $ 328.80 as needed i e atlantic misc blanks,shelts,hardware 1 -e-a--j $ 170.00 $ 170.00 $ 108.80 $ 278.80 Wire and Cable i,anor Part# Manufacturer Description Quantity Unit Crestron8G cable 1,000 ft $Price/690.00 $ 690.00 $ 544.00 $ 1,234.00 Cable Management-Continuity Testing 10 $ 13.00 $ 130.00 $ 544.00 $General and Administrative 674.00 Expenses TFE Trainin 2 hrs $ 120.00 $ 240.00 $ 240.00 TFE Miscellaneous Installation Costs 1 $ 2,351.00 $ 2,351.00 $ 2,351.00 TFE CAD Drawings,Submittals,User Manuals 1 $ 500.00 $ 500.00 $ 500.00 TFE Project Management 1 $ 325.00 $ 325.00 $ 325.00 FFE Freight 1 $ 2,351.00 $ 2,351.00 $ 2,351.00 Labor&InstallationMaterial $ 20,579.80 TotalsTotal Price $ 91,788.00 $ 112,367.80 Exhibit "A" AcoRa CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kathy Sunday Bailey Insurance and Risk Management a/O N Ext: (254)753-5317 FAX No: (254)753-1132 1201 Washington Ave. E-MAILss: kathy@baileyinsurance.com ADDR P.O.Box 298 INSURER(S)AFFORDING COVERAGE NAIC# Waco TX 76701 INSURERA: Cincinnati Insurance Company 10677 INSURED INSURER B: Acuity A Mutual Insurance Company 14184 Technology For Education, LLC INSURER C: Texas Mutual Insurance Company 22945 658 Alliance Pkwy INSURER D: INSURER E: Hewitt TX 76643 INSURER F: COVERAGES CERTIFICATE NUMBER: 2018-Renewal REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �/ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 500,000 MED EXP(Any one person) $ 10,000 A EPP0037308 09/17/2018 09/17/2019 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X JJEC ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED ZB1280 09/17/2018 09/17/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIREDNON-OWNED PROPERTY DAMAGE AUTOS ONLY X AUTOS ONLY Per accident $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A X EXCESS LIAB CLAIMS-MADE EPP0037308 09/17/2018 09/17/2019 AGGREGATE $ 4,000,000 DED I X1 RETENTION$ 0.00 $ WORKERS COMPENSATION X1 SPER TATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PRO FIR IETOR/PARTNER/EXECUTIVE1,000,000 OFFICER/MEMBER EXCLUDED? C ❑N N/A TSF0001242404 09/17/2018 09/17/2019 E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Electronic Data Liability A EPP0037308 09/17/2018 09/17/2019 Limit: $1,000,000 Deductible: $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: City of Round Rock-PD Conference Room The City of Round Rock and its officers,employees&elected officials are included as Additional Insureds on the General Liability&Auto Liability policies if required by written contract between the Named Insured&the Additional Insureds. Coverage for the Additional Insureds under the General Liability policy shall be provided on a primary&non-contributory basis if required by written contract. Waiver of Subrogation in favor of the City of Round Rock and its officers,employees&elected officials applies to the General Liability,Auto Liability&Workers Compensation policies if required by written contract.The General Liability,Auto Liability&Workers Compensation policies include an endorsement providing that 30 days Notice of Cancellation will be furnished to the Certificate Holder(with the exception of cancellation due to the non-payment of premium).All Additional Insured,Waiver of Subrogation,Primary& CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main AUTHORIZED REPRESENTATIVE Round Rock TX 78664 ©1988-201155 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS Non-Contributory and 30 Day Notice of Cancellation references on this Certificate of Insurance are as per corresponding endorsements and policy language. Copies of all endorsements are available upon written request. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place ]Certificate Number: of business. Technology for Education, LLC. 2018-408328 Hewitt,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/26/2018 being filed. City of Round Rock Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. AUDIO-VIDEO EQUIPMENT UPGRADE AUDIO-VIDEO EQUIPMENT UPGRADE AT CITY OF ROUND ROCK POLICE DEPARTMENT 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Anderson,Teri Hewitt,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Tammy Russo and my date of birth is Q6.19 1982 My address is 65R Allianra Pat- q%/-%i Hewitt TX—_, 7-61=143 . 1 LSA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Mr_.lPnnan County, State of_Texas on the 26thday of :;PI1te_mhP_r-20_ F3 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commissionwww.ethics.state.tx.us Version V1,0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-408328 Technology for Education, LLC. Hewitt,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/26/2018 being filed. City of Round Rock Date Acknowledged: 09/27/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. AUDIO-VIDEO EQUIPMENT UPGRADE AUDIO-VIDEO EQUIPMENT UPGRADE AT CITY OF ROUND ROCK POLICE DEPARTMENT 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Anderson,Teri Hewitt, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711