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3.05 3.5 FINANCIAL\\2021\\Purchase-Audio-Video System-MOOD Media-PEPPM COOP Purchasing Program-Transfer From Cap Reserve 64-3-8 RESOLUTION AUTHORIZING PURCHASE OF AUDIO/VIDEO SYSTEM FROM MOOD FUNCTIONAL COMMUNICATIONS CORPORATION FOR TOWN ACTIVITIES CENTER RESOLUTION NO.: ______________________________________________________, 2021 INTRODUCED BY: ______________________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: _______________________________________________________ WHEREAS, the Queensbury Town Board wishes to purchase an audio/video system for the meeting room at the Town’s Activities Center, and WHEREAS, PEPPM Cooperative Purchasing (PEPPM) is a governmental technology cooperative purchasing program that specifically benefits public agencies and municipalities, including the Town of Queensbury, with technology purchasing contracts competitively bid under the high standards expected for public-sector procurement, and WHEREAS, the New York State Legislature adopted legislation allowing any political subdivision in New York State to “piggyback” off an existing County/State Bid and therefore, due to the agreeable and advantageous terms represented by MOOD Functional Communications Corporation (MOOD) in this instance, the Town of Queensbury wishes to piggyback with PEPPM for the purchase and installation of an audio/video system as set forth in MOOD’s proposal dated February 24, 2021 presented at this meeting for the amount of $16,694.40 for equipment per PEPPM Contract #529461-016, plus $4,015 for additional expenses involved in the commissioning and support of the system, for a total of $20,709.40, plus an additional $2,000 in necessary cabling expenses to be incurred by StoredTech Technology Solutions, Inc., (StoredTech) for a total project cost of $22,709.40, and WHEREAS, the Town of Queensbury will adhere to all New York State bidding requirements, and WHEREAS, the Town Board wishes to authorize withdrawals and expenditures in the amount of $22,709.40 from Capital Reserve No. 64 to fund this Capital Project, and WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town Board is authorized to withdraw and expend funds from Capital Reserve No. 64 subject to permissive referendum, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the purchase and installation of an audio/video system from MOOD Functional Communications Corporation (MOOD) as set forth in MOOD’s proposal dated February 24, 2021 substantially in the form presented at this meeting for the amount of $16,694.40 for equipment per PEPPM Contract #529461-016 plus $4,015 for additional expenses involved in the commissioning and support of the system for a total of $20,709.40, plus an additional $2,000 in necessary cabling expenses to be incurred by StoredTech for a total project cost of $22,709.40, and BE IT FURTHER, RESOLVED, that the Town Board hereby finds that the withdrawals and expenditures are expenditures for a specific capital project for which the Capital Reserve Fund No. 64 was established, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to take all actions necessary to amend the Town Budget and effectuate the transfer of $22,709.40 from Capital Reserve No.: 64 to Misc. Equipment Account No.: 001-1680-2001 to fund this project, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to amend the Town Budget, make any adjustments, budget amendments, transfers or prepare any documentation necessary to establish such appropriations and estimated revenues, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute any necessary documentation, including the proposal with MOOD substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Purchasing Agent and/or Town Counsel to take any and all action necessary to effectuate the terms of this Resolution, and BE IT FURTHER, RESOLVED, that this Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. th Duly adopted this 8 day of March, 2021, by the following vote: AYES : NOES : ABSENT: fsif ® • 23 Krey Boulevard 518.286.1061 x102 Rensselaer,NY 12144 www.moodmedia.com Wednesday February 24, 2021 Barbara H.Tierney Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518)761-8240 Town Hall Audio/Video System Barbara&John, It is a pleasure to submit this proposal for the purchase of an Audio Video solution for your Towns Meeting Space. Mood Media/FCC is confident that this system will deliver powerful impressions and experiences for staff, members, and community alike.The system below was designed based on our discussions as well as consultation and design confirmation with the manufacturers. System details: An audio video solution, that is designed for town hall meeting,town zoning and emergency disaster relief councils. Where the town will be able to host a soft codec meeting like Zoom,or Microsoft Teams while at the same time can stream to YouTube live, via the unite 200 camera. Two wireless tabletop 12"Gooseneck mics for the board members,with programmed chairman override,one handheld,without chairman override and one Lavalier mic for presentations or group gatherings,without chairman override. A dedicated laptop(Provided by the Town of Queensbury)will be plugged into a wall plate via one 3.0 USB cable (camera control)and one 2.0 USB cable(audio control). Giving the user the ability to control camera and microphones for Zoom and YouTube livestreaming. The DSP has built in AEC(acoustic echo cancellation) and room noise cancellation, making it one of the best on the market. Paired with the beam forming mic 360 you will also get voice reinforcement in the space from both the ceiling mic and wireless units. *Only four of the eight channels are being used on the wireless receiver,an additional four more wireless mics can be connected). A VoIP line will be connected allowing audio calls through system, phone dialer is on a free app through ClearOne software, downloadable on any android or iOS device. (Mood recommends a backup Land line(POTS)for disaster emergences. A Denon recorder has been added to record audio through USB flash drive,eliminating the Phillips desktop puck mics and handheld recording device presently being used. (As far as Mood is aware there is no device that would allow cloud recording of the audio for live meeting. Without using software and basically a VPN with a touch overlay to start and stop recording, plus we have no Extron or Crestron control to activate this feature through the ClearOne DSP.) *Mood Suggests keeping the Denon recorded with the USB flash drive and use the YouTube recorded content for dictations. fs,j ® o ® 23 Krey Boulevard 518.286.1061 x102 Rensselaer,NY 12144 www.moodmedia.com A Unite 200 dual streaming PTZ camera will be added for Zoom meetings through USB 3.0 and YouTube streaming via LAN line to YouTube server account. Eliminating the need for a third-party laptop or vendor for live streaming services. Two XLR line level audio output feeds will be rerun allowing any third-party vendor the ability to connect to the audio output via XLR. We propose to furnish the following per the attached layout: 1)ClearOne CONVERGE Pro 2 128V DSP Mixer with 12 mic/line inputs(AEC), 8 mic/line outputs, with built-in USB audio and built-in VoIP interface for 5 lines 1)ClearOne 36W PoE power supply kit for BMA Includes(A)Qty 1 of 36W PoE Power supply and (B)Qty 2 of 25 Ft CAT6 Cables for BMA2, BMA CT, BMA 360 and Converge Huddle.One PoE Power supply can power up to three peripheral devices, additional CAT6 cables not included. 1)ClearOne Eight Channel Wireless Receiver with RF band M550(537-563 MHz); Docking station included. 2)ClearOne Wireless Gooseneck/ Podium Cardioid Microphone with RF band M550(537-563 MHz)with 12-inch length &double bends 1)ClearOne Wireless Handheld with Condenser,Cardioid Microphone capsule with RF band M550(537-563 MHz) 1)ClearOne cardio mic for lavalier pack 1)ClearOne Wireless Belt pack Microphone with RF band M550(537-563 MHz)Compressed 1) ClearOne Extension Antenna kit with pair of ceiling mount antennas and 25 Ft RG58 Plenum cables tuned for RF band M550(537-563 MHz) 1)ClearOne USB Expander for CONVERGE Pro 2 1)ClearOne UNITE 200 PTZ camera with 12x optical Zoom, 1080P60 Full HD, USB, HDMI,and IP connections 1)ClearOne Wall mount for UNITE 200 camera 1)ClearOne BMA 360 Patented wideband,frequency invariant 24-inch beamforming microphone array ceiling tile designed for use with CONVERGE Pro 2 DSP mixers. 1)ClearOne CONVERGE Blue Tooth Expander 1) Hall Research 50' usb extension cable 1) Denon DN-300R MKII Solid-State SD/USB Audio Recorder 1) RDL TX-A2 impedance control The cost for the purchase of all the above equipment is: $$16,694.40(price does not include tax) Reference PEPPM Contract# 529461-016, for all ClearOne Product pricing listed above. Additional Expenses involved in the commissioning and support of the system broken down below 1)Commissioning of the system: $2,070 1)General Adm: $465 1)Support services: $450 1) Project management: $350 1) Project supervision: $330 1)Staff training and turning over of the system: $350 Total Project Costs: $20,709.40 • OOD . Iii1 23 Krey Boulevard 518.286.1061 x102 • Rensselaer,NY 12144 www.moodmedia.com Service Level Agreement(SLA)$30.00 per month (Please see the terms and conditions) Warranty information: ClearOne products include a 36-month warranty. Queensbury Townhall Responsibilities: -Town to provide(PoE) data, VoIP line, Landline,and power conditioner to rack room. *Mood recommends that StoredTech install a UPS and get system on backup generator for disaster relief emergency meeting. -StoredTech to install system to exact wire diagrams provided by my engineer. -A representative from Mood Media will be present to oversee system flow of project during integration Mood Media/FCC Responsibilities: -Professional services -Engineered A/V Design including system and wire diagrams -Project,Implementation Management during integration of systems -System commissioning and turnover to Queensbury Town Hall (*) Mood Recommendations Barbara&John, materials can be purchased within 3-4 weeks from your approval/deposit. To approve,sign on the last page and email a copy of all pages to e.deso©moodmediafcc.com. We look forward to serving you and Queensbury Town Hall. If you have any questions, please feel free to call at 518-366-0709. Best Regards, Eli Deso Account Executive mooD • 23 Krey Boulevard 518.286.1061 x102 Rensselaer,NY 12144 www.moodmedia.com Terms: 50%deposit due at signing.4 weeks lead time from date of signing.Quote valid for 30 days. Equipment Purchase Agreement,Terms and Conditions 1. SERVICE LEVEL AGREEMENT/SYSTEM MAINT.("SLA") In the event this Equipment Purchase Agreement("Agreement")includes a SLA, the coverage is as follows: twice per year, Functional Communications Corporation("FCC")will perform preventive maintenance checks&services to only the system equipment provided in this Agreement or Bill of Materials to ensure the system is operating as designed and intended.The maintenance check will include review,cleaning and inspection of,and not limited to display devices(projector,projector screen, monitors,etc.), audio devices(amplifiers,speakers,digital signal processors,microphones,etc.),control devices(capacitive touch panels,push button panels),signal processing devices(control processors, network switches,patch panels,signal switching and routing devices,LAN devices,etc.),video&audio conferencing interfaces(CODEC's; phone hybrids,etc.)all cabling(terminations, jackets,ends,etc.), power management(power conditioners, power strips,etc.)&surveillance devices(network video recorders, surveillance cameras,etc.). FCC's ability to perform service support on certain video conference devices will be limited to the Client's then current service maintenance agreement status with that manufacture.Programming changes to the graphic user interface control panels&operational changes to push button panels will be submitted as a time and materials quotation to Client. Programming changes to update general software compliances for system performance&device communication will be conducted in the SLA visit. Projector lamps,filters,&such supplies to be provided by Client. FCC is not responsible to maintain,integrate,or ensure proper operation of equipment or devices added to the system outside of original agreed upon scope of work&system design. This SLA covers any routine unscheduled service calls during the year. FCC reserves the right to combine and co-schedule a semi-annual SLA visit with an unscheduled service call request. After two attempts to schedule with client a Service Maintenance visit, FCC reserves the right to forego that visit. 2.WARRANTY FCC agrees to warrant the equipment identified above(the"Equipment")(excluding microphones, batteries,&other ancillary items) to be free from original defects in material&workmanship for a period of 36 months after installation at above-referenced Installation Address. In the event of any defect in material or workmanship occurring within said period, FCC will repair or replace the defective Equipment at its sole option,at no additional charge to Client, during FCC's regular working hours. Repair or replacement of defective Equipment shall be FCC's liability under this warranty,&it is not&shall not be liable or responsible for any damages,direct indirect, incidental or consequential.This warranty doesn't cover the repair or replacement of Equipment without cost which may be required by reason of misuse,abuse, theft,vandalism,accident,or negligence of Client, its employees, agents or invitees,or damage by fire, earthquake,lightning,tornado or any other act of God. FCC'S OBLIGATIONS UNDER THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE EQUIPMENT,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY&FITNESS FOR A PARTICULAR PURPOSE. Except for FCC's repair or replacement obligations resulting from defects in material or workmanship as set forth above,Client shall indemnify FCC and hold it harmless from and against any and all losses, claims and expenses relating to the Equipment, including,without limitation, losses caused by misuse, abuse, theft, vandalism,accident, or negligence or damage by fire, earthquake, lightning, tornado,or any other act of God. 3. BILLING Client acknowledges that FCC is selling Equipment under this Agreement that will be installed by FCC over a period of time. Notwithstanding anything to the contrary in this Agreement, FCC shall be entitled to invoice Client for such Equipment and installation services as the same are being provided and installed based on FCC's determination of percentage of completion. Client shall be obligated to pay such amounts within ten(10)days of invoicing. For example, should FCC determine that fifty percent (50%)of the Equipment and installation services to be provided under this Agreement have been provided and installed, FCC shall be entitled to invoice Client&Client shall be obligated to pay FCC fifty percent(50%/)of the Balance Due under the Agreement. FCC is not obligated to procure Equipment without bank clearance of initial 50%deposit. 4. PAYMENT ELECTIONS FOR RECURRING SLA CHARGES SLA recurring billing will be conducted on a semi-annually basis. Said billing cycle is not intended to be in sequence with the fulfillment of SLA scheduled visits. By selecting automated payments by either credit card or EFT-ACH, Client hereby authorizes FCC to automatically deduct from Client's financial institution account or charge Client's credit card with all amounts payable under the Agreement as such amounts come due. Client represents&warrants that Client will notify FCC in writing in advance if Client's account information on file for automated payments changes at any time during the term of the Agreement. Client agrees that if mooD . 23 Krey Boulevard 518.286.1061 x102 Rensselaer,NY 12144 www.moodmedia.com FCC does not receive any automated payment then due and payable hereunder for any reason, FCC may send Client a paper invoice within ten(10)days following the invoice date. If no payment method is selected immediately above or if FCC does not receive a completed automated payment authorization form and account information from Client prior to the first billing date, invoicing by paper invoice shall be deemed selected and a$3.00 per invoice administrative fee shall apply for a monthly billing interval. 5.TERM • This Agreement shall remain in effect with respect to each Serviced Premises for thirty-six(36)months effective upon installation. Billing shall commence on the installation date. With respect to the Installation Address upon completion of the initial term,either party hereto may cancel the SLA provisions of this Section for such Serviced Premises by delivering written notice by certified mail of non-renewal to the other party at least ninety(90)days prior to the expiration of the initial or any subsequent term(s)then applicable to such Serviced Premises. 6.TERMINATION Upon the termination of this Agreement for any reason or cause whatsoever,Client,shall forthwith surrender to FCC all of said FCC's equipment&FCC shall have the right to remove said equipment at any time thereafter and shall have no obligation to repair, replace or otherwise reestablish the original set of conditions at the Installation Address on or after the removal of said equipment. Client consents to the removal and repossession of such equipment&consents to FCC entering the Serviced Premises for such purpose. 7.TERMINATION BY DEFAULT If Client fails to permit installation of FCC equipment listed above or attempts to remove,sell, or encumber in any way any of FCC's equipment,or vacate or dispose of the designated premises or discontinue its business there,or discontinue FCC's SLA or defaults in timely paying the monthly payments due hereunder or violate any other term or condition of this Agreement, or enter into any arrangement or composition with its creditors,or if any levy or attachment is made or any proceeding in bankruptcy or insolvency is instituted by or against Client or its business or property, then&in such event this Agreement may be terminated at the option of FCC,without requirement for any notice to Client, &Client agrees to pay FCC as liquated damages eighty-five(85%)of the amount of all unaccrued monthly payments under the original term of this Agreement or the then current renewal term hereof,said, liquidated damages to be in addition to any sums already due for services rendered at or prior to the date of breach. All said sums shall bear interest at the highest legal rate from date of said breach. The right of FCC to collect liquated damages shall be in addition to the right of FCC to enter any premises where its equipment is located&to repossess same in the event of default of Client without due process of law or without any liability whatsoever arising therefrom. Client hereby consents to such repossession &grants FCC the right to enter upon the premises to accomplish such repossession. 8.INSTALLATION OF EQUIPMENT Client hereby grants to FCC or its agent the right to install the Equipment,to the extent such installation is specified above. Client represents and warrants that all necessary governmental and third-party approvals for installation of the Equipment have been obtained. Any such installation by FCC shall be made in a good&workmanlike manner. Delays in installation caused by public agencies, manufacturers,suppliers, acts of God,strikes or other union bargaining, &all acts not directly attributable to FCC shall not in any way affect the obligations of Client and FCC's obligations with respect to such installation shall be suspended during the event the delay. FCC shall not be responsible in damages for any such delay. 9.CHANGES AND ADDITIONS Any changes, alterations or deviations from the Equipment and installation and/or the SLA obligations, requested by the Client& performed by FCC, specified herein involving extra cost for labor or material will be executed only on written or verbal orders for the same. The cost of any added labor or material will become an extra charge over&above the total specified in this Agreement. The total specified in this Agreement is based upon installation by employees of FCC. If it is necessary, for any reason, for FCC to use outside labor,the total specified in this Agreement shall be subject to renegotiation. 10. LOCATION OF EQUIPMENT Equipment, labor and prices specified in this Agreement are based upon the adequate provision of space and access to the Installation Address. Cabinetry,partitions or special enclosures shall be the responsibility of Client but shall be submitted for technical approval to FCC before construction, 11.PROTECTION OF EQUIPMENT 'iiI ® i 23 Krey Boulevard 518.286.1061 x102 Rensselaer,NY 12144 www.moodmedia.com Upon the delivery to the Installation Address,the Equipment is entrusted to Client&Client shall be responsible for the protection of Equipment&labor performed by FCC&the Client shall provide adequate insurance to protect said equipment from damage,fire, theft,vandalism&other forms of injury to or loss of said Equipment and shall,upon request, present evidence of such insurance to FCC. Until completely paid for,Client agrees to be responsible for loss of the Equipment or for its damages by any of the causes described in Section 2 hereof,or any other cause whatsoever, notwithstanding that the title to&ownership of said Equipment remains in FCC,and will not create or suffer any liens or adverse claims of any kind with respect to the Equipment&will not permit or suffer the Equipment to be removed from the Installation Address. 12.OWNERSHIP OF EQUIPMENT Title and ownership of all Equipment shall remain in FCC until the total specified in this Agreement is paid in full. In the event that for any reason FCC is compelled to obtain payment through legal or other professional services, then all such legal&collection fees, whether or not suit is filed, shall be paid by Client,including, but not limited to, all attorney's fees&costs incurred in the prosecution and/or appeal of any legal or equitable action. In addition to, but not by way of limitation, if Client defaults in payment, FCC without prior demand, legal process or waiver of any other remedies may declare all payments hereunder immediately due& payable, FCC may repossess the Equipment in whole or part without liability for trespass or damages for such removal. Said equipment may be sold if FCC desires&FCC may apply the proceeds less any expenses for sale, retaking repair or collection against the unpaid balance. 13.ESCALATION Except for increases in manufacture fees pursuant to Section 1 above, in the event that the monthly charge payable hereunder shall,at any time during the term hereof,be increased by FCC by more than ten percent(10 pct.)during any one-year period, the Client and FCC shall have the right at any time within sixty(60)days after the date upon which written notice of such increased monthly rate is mailed by Supplier, to terminate this Agreement upon seven(7)days written notice, by certified mail to FCC at its address hereinabove,of the Client's election to do so. 14.ELECTRICAL Client shall supply all required electrical outlets,adequate power, &suitable space with a controlled environment to allow for installation&operation of the Equipment Client shall supply and install all conduits necessary for the installation and operation of the Equipment, if any. 15. NETWORK CONNECTIVITY Client acknowledges and agrees that Client is solely responsible at all times for ensuring that their respective network facilities, internet connections, network configurations,&associated network hardware&software are capable of receiving any network delivered content service from FCC error-free&without degradation. Client expressly acknowledges&agrees that FCC shall have no responsibility or liability for any degrading or failure of the network delivered content service originating within Client's network facilities, internet connections or other equipment as may be applicable. Client expressly acknowledges&agrees that FCC shall have no responsibility or liability for any failure or degradation of Clients network facilities, peripheral network communications systems, internet connections, network configurations, and associated network hardware and software. FCC's ability to deliver network-based content service updates is dependent upon the resources of the network or internet connection provided by Client. 16.TIME LIMIT FOR ACCEPTANCE The terms of this Agreement will be valid for thirty days(30)following the Proposal Date set forth above. If not accepted by Client within that time, the offer of such terms is revoked without further action by FCC. 17.TAXES Client shall pay any sales, use, property,excise or other taxes or governmental charges arising from this Agreement. 18. PARTIES This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators, successors&assigns. A sale or transfer by the Client of the Installation Address of the business herein designated shall not affect or eliminate the obligations of this Agreement unless an equivalent new Agreement be entered into between FCC&the Client or Transferee. Upon the sale or transfer by the Client of the business at the Installation Address herein designated, the Client shall provide for the assumption by the Client or Transferee of all Client's obligations herein provided and shall notify the Client or Transferee of all obligations. In the event that such sale or transfer is affected through escrow,the Client shall place the within Agreement in escrow in order to ensure • D . t '1 c 23 Krey Boulevard 518.286.1061 x102 Rensselaer,NY 12144 www.moodmedia.com the direct assumption of such obligations by the Client or Transferee. 19.WHOLE AGREEMENT This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements,conversations, representations or warranties(express or implied)whether verbal or written. No failure to enforce any of the provisions of this Agreement shall be deemed a valid waiver thereof. No modification of the Agreement shall be valid unless in writing signed by both Client and FCC. 20.LAW GOVERNING The rights of the parties under this Agreement shall be governed by the laws of the State of New York. Client consents to the personal jurisdiction of the state&federal courts in the State of New York for purposes of litigation involving this Agreement. 21.IDENTITY OF CLIENT Client agrees that FCC may disclose the identity of Client in connection with the marketing of its products&services to potential customers&in connection there with may disclose any terms,other than the financial terms,of this Agreement.Approximately(4) weeks lead-time from all approvals and 50%deposit. Work can commence immediately upon your authorization to proceed. IN WITNESS WHEREOF the parties have entered into this Agreement as of the day and year first above written. Functional Communications Corp. Buyer Company Name II Managers Signature-Approved Authorized Signature Print Name Title Purchase Order# Date Please fax to 518-286-1065 or scan to e.desoCermoodrnediafcc.com