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10. Community Center Hall AV Upgrade Staff Report Date of Meeting: October 7, 2020 To: City Council From: Colleen Firkus, Treasurer Re: Community Center Audio-Visual Upgrade Background: In reaction to COVID-19, the City of Scandia is following the guidance of the Center for Disease Control and the Minnesota Department of Health and all City of Scandia public meetings are conducted via electronic means. With the opening up of restrictions, the City is exploring ways to hold public meetings with social distancing and other safety requirements. CARES Act Funding will allow the City to wire the big hall with audio-visual technology to allow such meetings. Some of the equipment can be later transferred for use in the Council Chambers and some for use at events in which the hall is rented. It is my understanding that the date for expenditures allowed under this funding has been extended to December 31, 2020. https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance- for-State-Territorial-Local-and-Tribal-Governments.pdf Proposal Details: Two quotes were obtained for installing microphone/audio, video/camera and control systems in the large community center hall. There would be 11 desktop wireless microphones with transmitters and 2 handheld transmitters that can be used for other meetings or events. Twelve to fifteen new ceiling speakers, like what is currently installed in the Council Chambers, would be installed in the ceiling. A new ceiling mounted projector and 116” recessed screen on the west wall would be installed with the ability to link the projector to two 75” TVs on carts carrying the same image as on the screen. This AV system would be controlled from an 8” touch screen mounted on a rack in a new equipment room/cupboard in the “old kitchen” room currently used as a beverage serving area. Two to four robotic cameras would provide video coverage of the room with the actual number needed not yet finalized. These cameras and their Mix Switcher/Camera Controller would later be moved to the Council Chambers for filming and streaming meetings. An LATV employee would run the cameras and audio systems from the equipment room. The City Administrator would run the meeting material projections from his laptop. A diagram of how this would be laid out in the hall was prepared with the most excellent assistance of Councilmember Kronmiller and is included in this packet along with the two quotes. Fiscal Impact: All expenditures would be reimbursed from the CARES Act funding source. EMI Audio’s quote with 2 cameras $75,284.77 (additional cameras $4,770 each plus cable & mounts). Tierney’s quote with 2 cameras $94,440.21 (additional cameras $6,343). The City would be responsible for purchasing a desktop computer for approximately $600. Recommendation: I am not qualified to make a recommendation on these systems, so Paul Peterson from LATV has been invited to review and consult with the City on these proposals and hopefully will be able to attend this meeting. Tierney did the system for the City of Forest Lake and EMI Audio did the AV system for the City of Columbus. Paul is familiar with both systems and companies. 135in Screen 75in TVCoucil Coucil Coucil Coucil Coucil Administrator ClerkEngineerPublic WorksAttorneyPlannerClerkEngineerPublic WorksAttorneyPlannerStage 4719 42nd AVE N Robbinsdale, MN 55422 612-789-2496 Phone 612-789-2873 Fax www.EMIAudio.com Quote q10892 Tue 9/ 1/2020 10:00AM JEFF GEISLER On Account Status: Quote #: Terms: Operator: Quote To: CITY OF SCANDIA Customer #: 24411 651-433-2274 Phone 14727 209 ST N. Scandia, MN 55073 Salesman: Jeff Geisler 612-767-5698 Jeff@EMIAudio.com - This AV system for the Community Room is intended to work well for your Council meetings and also for receptions, dinners and presentations. The control system would easily switch between the types of events for ease of use. Microphone System, The heart of this system is the Shure Microflex Wireless System. This system allows desktop microphones to be used wirelessly for meetings. All you would do is take the units off the chargers and put them where you want them. There would be no wires to tape down. This proposal includes 11 Desktop transmitters/ microphones and 2 Handheld transmitters. The Handheld transmitters can be used for meetings or any other type of event. The room will also have two wired mic inputs as well as 2 iphone inputs. Audio System: We will install 15 ceiling speakers to cover the entire room. These speakers will be fed from a Bose Digital signal processor and amplifier. The room will be split into two zones to facilitate your Council Meetings. The Bose Digital Processor has the capability to bring in Audio from Zoom meetings should that need arise. Video System: We will install one recessed electric screen with a Vivitek laser projector. Two additional jacks will be installed to allow you to plug in the two provided 75" TVs on carts. These TVs will be fed the same image from a HDMI wall plate in the room or a second input in the equipment rack. Your screens can display the graphics from the City Manager's computer, the image from the Zoom Computer and one additional HDMI input as needed. (events and weddings) Control: The system will be controlled by a 8" touch screen that will be located in the rack. The controls will be customized for you to make operating various events easy. We will also provide an iPad to allow control of the Display screens from inside of the room. Camera System: A Vaddio AV Bridge Matrix Mix Switcher/Camera Controller will be used to control the pan/tilt/zoom 4 Roboshot 30 HD robotic cameras. Presets for each camera will be stored on a Teletouch 27 touchscreen. Once your presets are created, you will just touch the preset button on the screen of the camera you want to go to . The AV Bridge Matrix can stream USB 3 or RTSP IP outputs. Two graphic keying layers are available to add graphics from a computer. Your camera system will be the origin for streaming. On your stream you can display any of the cameras, the graphics computer from the City manager's computer and the Zoom Computer. We see three computers being used in this set-up. One to stream, One for Zoom interface and one to show graphics on the screens. A streaming box can be substituted for the streaming computer. ItemsQty Each Price SHURE MXWAPT8 ACCESS POINT $6,816.00$3,408.002 SHURE MXW8 DESKTOP GOOSENECK WL MIC $6,380.00$580.0011 SHURE MX415 15" GOOSNECK SUPERCARD $2,332.00$212.0011 SHURE MXW2/BETA 58 TRANSMITTER $1,268.00$634.002 BOSE EX-1280C CONFERENCING PROCESSOR $2,925.00$2,925.001 BOSE DESIGNMAX DM3C IN WHITE $2,287.20$152.4815 BOSE P2600A AMPLIFIER $996.08$996.081 SONY XBR75X800H 75" TV $2,998.00$1,499.002 PEERLESS SR-560M FLAT PANEL CART $1,158.00$579.002 KRAMER TP-580R CAT 6 RECEIVER $480.00$240.002 VIVITEK DU4661Z 5000 LUMEN LASER $4,450.00$4,450.001 CHIEF KITMS003W TILE PROJECTOR MT KIT $369.00$369.001 Contract-Params.rpt (4)Printed On Fri 9/18/2020 3:06:17PM Software by Point-of-Rental Software www.point-of-rental.com Store Hours: 10-6pm Mon-Sat Modification #3 Page 2 of 2CITY OF SCANDIAq10892Quote #: ItemsQty Each Price DALITE 29784LS DECENDERPRO 116x65"$2,483.30$2,483.301 RDL D-CIJ3 CONSUMER INPUT PLATE MONO $204.64$102.322 RAPCO SINGLE GANG 1 XLR FEMALE $27.98$13.992 RTI XP3 CONTROL MODULE $435.00$435.001 RTI KA-8 TOUCH SCREEN $919.00$919.001 FURMAN PL8C 15A POWER CENTER $200.48$200.481 LUXUL AMS1816P GIGABIT SWITCH $589.00$589.001 KRAMER WP-789T HDMI WALL PLATE TRANS.$358.75$358.751 KRAMER C-HM/HM-3 3' HDMI CABLES $50.80$12.704 KRAMER VP-440H2 4K SWITCHER SCALER $1,843.00$1,843.001 KRAMER RK-1 RACK ADAPTER $159.98$79.992 KRAMER VM-4DT $929.99$929.991 MIDDLE ATLANTIC DWR-16-22 $830.22$830.221 MISC CABLE/CONNECTORS/FASTENER $300.00$300.001 WEST PENN 25224B 18-2 $168.00$0.42400 KRAMER UNIKAT CABLE $600.00$0.601000 WEST PENN 254245 CAT 5 $196.00$0.49400 LABOR EMI AUDIO $6,000.00$6,000.001 Begin at: 9:00:00AMWed 7/29/2020 Installation LABOR EMI AUDIO $3,500.00$3,500.001 Begin at: 9:00:00AMWed 7/29/2020 Programming/Design/Training VADDIO ROBOSHOT30 1LINK CAMERA WHITE $9,540.00$4,770.002 VADDIO AVBRIDGE MATRIXMIX PROD SYST $9,665.00$9,665.001 VADDIO TELETOUCH 27 $2,152.00$2,152.001 Dual 1/2 rack mounting kit $248.00$124.002 KRAMER C-HM/HM-6 6 ft HDMI CABLE $81.25$16.255 KRAMER VM-4H2 HDMI SPLITTER $433.13$433.131 MISC CABLE/CONNECTORS/FASTENERS $499.00$499.001 RTI iPAD/iPHONE LICENSE $150.00$150.001 LUXUL XWR1200 WIRELESS ROUTER $164.97$164.971 KRAMER RK-T2B RACK KIT $96.00$96.001 Quote valid for 90 days Quote valid for 90 days Quote CITY OF SCANDIA Signature: $75,284.77 Project Total: Paid: $75,284.77 Total: Subtotal: Sales: $0.00 $75,284.77 $75,284.77 Contract-Params.rpt (4)Printed On Fri 9/18/2020 3:06:17PM Software by Point-of-Rental Software www.point-of-rental.com Store Hours: 10-6pm Mon-Sat Modification #3 1771 Energy Park Dr. Suite 100 St. Paul, MN 55108 800.933.7337 info@tierney.com www.tierney.com PROPOSAL Design & Integration by Tierney THANK YOU FO R CONSI DERING US! Robert T. Gag CEO Tierney has been in the business of helping our partners improve their communication and tell their unique stories for over forty years. The only way to accomplish this is to listen to our customers needs, provide consultation based on our experience, and deliver on our promise. We strive to be a valued and trusted partner to your organization, not simply a supplier. On behalf of our entire team at Tierney, we truly appreciate the opportunity to work with you on delivering your vision and supporting you each step of the way. Our success is dependent on your success. Thursday, September 24, 2020 Colleen Firkus City of Scandia Proposal for Audio-Visual Service RE: City of Scandia - Cares AV upgrades Opportunity Number: 27306 Scope of Integration Services Summary of Work to be completed by Tierney at 14727 209th St N, Scandia, MN 55073. (Please initial if address is correct or provide correct address. ____________ ) Tierney will install an Epson 6000 lumen, WUXGA, ceiling mounted projector. The image will be displayed on a ceiling recessed electric screen measuring 72.5” X 116” in a 16:10 video format. Two additional 75” monitors will be provided on mobile carts. The carts will connect to wall mounted output plates (2) within the room, and will have the ability to show the same source as the projector, or an alternate source as selected within the control system touch panel. Source material to system will originate from the following • A single gang wall plate with a HDMI connection intended for a laptop • A single HDMI connection at the equipment rack for an OFE (owner furnished equipment) dedicated PC. Audio reinforcement will be accomplished via twelve in ceiling speakers evenly distributed throughout the space. The speaker system will contain two zones. One zone over the council members, and a second zone over the seated participants. Eleven wireless gooseneck microphones will be provided, as well as a hand-held microphone. The microphones will provide voice lift within the room, as well as audio transmission to the far end participants for web conference calls. Two PTZ (pan, tilt, zoom) cameras will be installed to capture the room for web calls. Audio, and video will be combined to a single USB output, and connected to the rack mounted dedicated PC. Web conferencing will not be available from the laptop input. Camera control will be accomplished by an operator using a video production switcher with a 22” touch control monitor. System power on/off, source selection, and volume adjustments will be initiated at a 10” wall mounted control panel within the room. Individual microphone adjustment with mute will be provided. The client will be responsible for the following items two weeks prior to the installation date. • Quad electrical outlet at the projector location • Duplex electrical outlet at each of the monitor output plate locations • Duplex electrical outlet at the location of the equipment rack. • Network connection at the equipment rack for the OFE PC. Customer Expectations: If multiple rooms were quoted, installation pricing for this proposal assumes that all quotes will be signed off on and installed at the same time. If one or more of the quotes in this proposal are not approved, existing quotes will need to be revised to reflect those changes and additional charges may apply. Equipment locations such as closets, or cabinetry may require additional venting, or in some cases dedicated cooling units to keep equipment operating at standard temperatures. We appreciate the opportunity to present this proposal. If you have any questions, please do not hesitate to contact us at your convenience at 612-331-5500. Our fax number is 612-331-3424. Proposal Prepared By: Sales Representative - Mike Chapley Systems Engineer - Darrick Knutson (Please initial to acknowledge and authorize the Scope of Integration Services presented here. ___________ ) 1771 Energy Park Drive, Suite 100, St. Paul, MN 55108(612) 331-5500 | (800) 933-7337 | Fax (612) 331-3424www.tierney.com Quote #191425 9/24/2020 191425 1 of 6 Bill To Ship To Accounts PayableCity of Scandia14727 209th Street NorthScandia MN 55073 Memo:City of Scandia - Cares AV upgrades Colleen FirkusCity of Scandia14727 209th St NScandia MN 55073 Expires Sales Rep Contract Terms 12/23/2020 592 Mike Chapley MNS-CPV 152129 Net 30 Qty Item MFG Price Ext. Price Cost Ext Cost Markup %Category City of Scandia - Cares AV upgrades Projector Solution 1 CMA472 Above Tile Storage Accessory Chief $78.58 $78.58 $69.54 $69.54 13%Mounting Hardware 1 CMS006W Milestone Fixed Pipe 6" White Chief $12.17 $12.17 $10.77 $10.77 13%Mounting Hardware 1 CMS440 Milestone 8"X2' Ceiling Plate Chief $86.31 $86.31 $76.38 $76.38 13%Mounting Hardware 1 RPAOW Milestone Projector Mount Original Style White Chief $117.52 $117.52 $104.00 $104.00 13%Mounting Hardware 1 V11H901020 PowerLite L610U Standard Laser Projector, 6,000 Lumens, WUXGA Epson $3,499.00 $3,499.00 $2,974.00 $2,974.00 18%Data/Video Projectors 2 75UT640S0UA 75" Class (74.6" viewable) - UT6400 Series LED TV - 4K UHD (2160p) 3840 x 2160 - edge-lit - black - wifi LG $1,889.78 $3,779.56 $1,672.38 $3,344.76 13%Display Monitors 1 21814LS Tensioned Advantage Electrol 72.5" x 116" or 137" Diagonal HD Progressive 1.1 Wide(16:10) Da-Lite $3,622.54 $3,622.54 $3,205.80 $3,205.80 13%Projection Screens Video Source Solution Owner Furnished Product - Laptop 3 HD18G-12PROBLK Pro AV/IT Certified 18Gb 4K High Speed HDMI Cable with ProGrip 12ft Black Comprehensive $27.21 $81.63 $24.08 $72.24 13%Cabling 1 MHD18G-3PROBLK MicroFlex Pro AV/IT Certified 4K60 18G High Speed HDMI Cable with ProGrip Jet Black 3ft Comprehensive $13.58 $13.58 $12.02 $12.02 13%Cabling 1771 Energy Park Drive, Suite 100, St. Paul, MN 55108(612) 331-5500 | (800) 933-7337 | Fax (612) 331-3424www.tierney.com Quote #191425 9/24/2020 191425 2 of 6 Qty Item MFG Price Ext. Price Cost Ext Cost Markup %Category 1 Integration Item 60-1382-23ADTP CrossPoint 86 4K IPCP MA 70 Extron $9,384.65 $9,384.65 $8,305.00 $8,305.00 13%Video Products 1 60-1271-13 HDMI Twisted Pair Extender - Rx Extron $271.20 $271.20 $240.00 $240.00 13%Broadcast Video and Production 2 60-1531-13 DTP R HWP 4K 231 D DTP Receiver for HDMI - Decora Wallplate White - 230 feet Extron $395.50 $791.00 $350.00 $700.00 13%Control Systems 1 60-1421-13 HDMI Decora Tx, White - 230 feet Extron $339.00 $339.00 $300.00 $300.00 13%Broadcast Video and Production 2 999-9950-200W RoboSHOT 20 UHD OneLINK Bridge System Vaddio $6,343.44 $12,686.88 $5,613.67 $11,227.34 13%Video Conferencing Audio Solution 1 Integration Item CDi 2|600NCDI2x600-U-US2x600W Power Amplifier Analog input, 2 channel, 600W per output channel, Amplifier Crown $860.20 $860.20 $761.24 $761.24 13%Video Products 12 CONTROL 26CT 6.5" Ceiling Loud Speaker Transducer Assembly - Includes a multi-tap transformer for a 70V or 100V line distribution system - White JBL $133.13 $1,597.56 $117.81 $1,413.72 13%Audio Products 1 SL-QSE-110-P Q-SYS Core 110 Scripting Engine Software License, Perpetual QSC $226.00 $226.00 $200.00 $200.00 13%Ala Carte Software 1 SL-QUD-110-P Q-SYS Core 110 UCI Deployment Software License, Perpetual QSC $113.00 $113.00 $100.00 $100.00 13%Ala Carte Software 1 CORE 110F Unified Series Core with 24 local I/O channels, 128x128 network I/O channels, dual LAN ports, telephone POTS, 16x16 GPIO, 16 AEC channels, 1RU QSC $2,260.00 $2,260.00 $2,000.00 $2,000.00 13%Audio Products 11 MX415/C 15” Shock-Mounted Gooseneck, Cardioid, includes surface mount preamplifier Shure $237.30 $2,610.30 $210.00 $2,310.00 13%Audio Products 11 MXW8=-Z10 Desktop Base Transceiver **Mic not included. Must be ordered separately Shure $452.00 $4,972.00 $400.00 $4,400.00 13%Audio Products 1 MXWAPT4=Z10 4-Channel Access Point Transceiver -Z10 Frequency (10 MHz) 1920 – 1930 MHz *would need to order additional components separately* Shure $2,053.21 $2,053.21 $1,817.00 $1,817.00 13%Audio Products 1771 Energy Park Drive, Suite 100, St. Paul, MN 55108(612) 331-5500 | (800) 933-7337 | Fax (612) 331-3424www.tierney.com Quote #191425 9/24/2020 191425 3 of 6 Qty Item MFG Price Ext. Price Cost Ext Cost Markup %Category 1 MXWAPT8=-Z10 8-Channel Access Point Transceiver -Z10 Frequency (10 MHz) 1920 Ð 1930 MHz *would need to order additional components separately* Shure $2,655.50 $2,655.50 $2,350.00 $2,350.00 13%Audio Products 1 MXWNCS4 4-CH NETWORKED CHARGING STATION The following 3 items must be ordered together in place of the former MXWS4 kit: MXWANI4 MXWAPT4 MXWNCS4 Shure $1,073.50 $1,073.50 $950.00 $950.00 13%Audio Products 2 MXWNCS8 8-CH NETWORKED CHARGING STATION Shure $1,384.25 $2,768.50 $1,225.00 $2,450.00 13%Audio Products 1 Integration Item SLXD24D/SM58-G58 Dual Wireless Vocal System with SM58 Shure $1,096.10 $1,096.10 $970.00 $970.00 13%Video Products Control Solution 1 Integration Item 60-1566-03TLP Pro 1025M Extron $1,463.35 $1,463.35 $1,295.00 $1,295.00 13%Video Products 1 999-5655-000 ProductionVIEW HD-SDI MV Vaddio $6,740.66 $6,740.66 $5,965.19 $5,965.19 13%Broadcast Video and Production 1 999-5520-022 TeleTouch 22” HD Touch Screen LCD Monitor with Base Vaddio $1,266.49 $1,266.49 $1,120.79 $1,120.79 13%Broadcast Video and Production Furniture/Rack Solution 2 LPAUS Large FUSION Cart Manual Adjustable, SLV **MAY NEED FHB5037 WITH SOME DISPLAY MODELS Chief $805.12 $1,610.24 $712.50 $1,425.00 13%Mounting Hardware 1 TIERNE-RHIM-RDRJ Rack Header-Image Series1 Rack-Logo Liberty $15.80 $15.80 $13.98 $13.98 13%Audio-Visual Furniture 1 D2 2RU 3.5" Rack Drawer Black Brushed Mid-Atlantic Middle Atlantic $114.41 $114.41 $101.25 $101.25 13%Audio-Visual Furniture 1 ERK-3525-AV ERK-3525-AV 19" Stand Alone Enclosure Kit Middle Atlantic $1,230.06 $1,230.06 $1,088.55 $1,088.55 13%Audio-Visual Furniture 1771 Energy Park Drive, Suite 100, St. Paul, MN 55108(612) 331-5500 | (800) 933-7337 | Fax (612) 331-3424www.tierney.com Quote #191425 9/24/2020 191425 4 of 6 Qty Item MFG Price Ext. Price Cost Ext Cost Markup %Category 1 HP-Screws HP Box of 100 PCS 10-32 Screws Black Middle Atlantic $16.27 $16.27 $14.40 $14.40 13%Audio-Visual Furniture 1 LBP-1A "L" SHAPED LACING BAR, 10 PC. PACK Middle Atlantic $24.91 $24.91 $22.05 $22.05 13%Audio-Visual Furniture 2 PD-915R 9 Outlet, Single 15 AMP Circuit, Surge/Spike Protected Rack Mount Power Distribution w/9' Cord, Black Powder Coat Finish 9OUT, 15A, Rack Mount Power Middle Atlantic $84.41 $168.82 $74.70 $149.40 13%Video Products 2 SSL LAMINATED SLIDING SHELF 1 RU Middle Atlantic $73.86 $147.72 $65.25 $130.50 13%Audio-Visual Furniture 3 U1 Utility Rackshelf, 1 RU, 10.75"D Middle Atlantic $30.51 $91.53 $27.00 $81.00 13%Audio-Visual Furniture 5 VT1 VT1 1-Space Vent Panel -1 3/4" Middle Atlantic $10.68 $53.40 $9.45 $47.25 13%Audio-Visual Furniture System Core and Infrastructure Solution 1 BMD-BDLKWEBPTR Blackmagic Design Web Presenter Black Magic $520.33 $520.33 $460.47 $460.47 13%Broadcast Video and Production 1 BMD-CONVNTRM/YA/SMTPN Blackmagic BMD-CONVNTRM/YA/SMTPN Teranex Mini - Smart Panel Black Magic $89.34 $89.34 $79.07 $79.07 13%Broadcast Video and Production 2 CAT5E-ASY-7BLK CAT5e 350 MHz Assembly Cable Black 7ft. Comprehensive $2.75 $5.50 $2.43 $4.86 13%Cabling 3 HD18G-6PROBLK Pro AV/IT Certified 18Gb 4K High Speed HDMI Cable with ProGrip 6ft Black Comprehensive $13.38 $40.14 $11.84 $35.52 13%Cabling 2 HD-DVI-3ST Standard Series HDMI to DVI Cable 3ft Comprehensive $7.22 $14.44 $6.39 $12.78 13%Cabling 1 PWC-BK-6 Standard PC Power Cord, NEMA 5-15P to IEC 60320-C13, 18/3 SVT, Black 6ft. Comprehensive $3.15 $3.15 $2.79 $2.79 13%Cabling 1 USB2-AB-6ST USB 2.0 A Male To B Male Cable 6ft. Comprehensive $2.44 $2.44 $2.16 $2.16 13%Cabling 2 BB-C-3GSDI-15 High Definition 3G-SDI BNC to BNC Cable 15ft Comprehensive $14.94 $29.88 $13.23 $26.46 13%Cabling 20 101-005-02 EACH XTP DTP 24 Plug Shielded RJ-45 Plug Kit for Extron XTP DTP 24 Shielded Twisted Pair Cable EACH Extron $2.83 $56.60 $2.50 $50.00 13%Cabling 1771 Energy Park Drive, Suite 100, St. Paul, MN 55108(612) 331-5500 | (800) 933-7337 | Fax (612) 331-3424www.tierney.com Quote #191425 9/24/2020 191425 5 of 6 Qty Item MFG Price Ext. Price Cost Ext Cost Markup %Category 450 14-2C-P-WHT White Commercial Grade General Purpose 14 AWG 2 Conductor Plenum Liberty $0.32 $144.00 $0.286 $128.70 12%Cabling 75 22-2C-PSH-BLK Black Audio and control 22 AWG 1 pair shielded plenum Liberty $0.11 $8.25 $0.10 $7.50 10%Cabling 195 22-6C-P-BLK Black Commercial grade general purpose 22 AWG 6 conductor plenum cable Liberty $0.20 $39.00 $0.18 $35.10 11%Cabling 1,500 24-4P-P-L6SH-BLK Black Category 6 F/UTP EN series 23 AWG 4 pair shielded cable Reel Liberty $0.60 $900.00 $0.535 $802.50 12%Cabling 300 24-4P-P-L6ASH-BLK Black Category 6A F/UTP EN Series 23 AWG 4 Pair Shielded Cable Reel Liberty $0.74 $222.00 $0.659 $197.70 12%Cabling 6 RJ45-STP-L6 Category 6 shielded 8P8C RJ45 Plug with 360 degree shielding Package Liberty $3.78 $22.68 $3.34 $20.04 13%Cabling 1 AMS-1816P Luxul AV Series 18-Port/16 PoE+ Gigabit Managed Switch HDIP Luxul $554.24 $554.24 $490.48 $490.48 13%Broadcast Video and Production 1 Minnesota State Contract - Associated Hardware $500.00 $500.00 11 Minnesota State Contract - Design / Engineering Professional/Technical Design Service; Engineering and Design $120.00 $1,320.00 37 Minnesota State Contract - Project Management $90.00 $3,330.00 20 Minnesota State Contract - In-House Installation $90.00 $1,800.00 49 Minnesota State Contract - On-Site Installation $95.00 $4,655.00 1 Minnesota State Contract - Subcontractor Installation $1,120.00 $1,120.00 34 Minnesota State Contract - Programming and Configuration Professional/Technical Design Service; Programming and Configuration $120.00 $4,080.00 1771 Energy Park Drive, Suite 100, St. Paul, MN 55108(612) 331-5500 | (800) 933-7337 | Fax (612) 331-3424www.tierney.com Quote #191425 9/24/2020 191425 6 of 6 Qty Item MFG Price Ext. Price Cost Ext Cost Markup %Category 1 Minnesota State Contract - Maintenance / Service (Std 1 yr) Maintenance / Service; Standard One Year Installation Warranty $2,350.00 $2,350.00  Subtotal $91,800.14  Tax (0%)$0.00  Shipping Cost $2,640.07  Total $94,440.21 To accept this quotation, sign here : _________________________________________ Please reference this quote number on your purchase order. Please inspect product upon delivery. State of Minnesota Contract Return Policy will apply. Standard Times for Delivery from Receipt of PO*:• Stocked Product Equipment Only Sales – Three to Five Business Days• Non-Stocked Product Equipment Only Sales – Ten to 14 Business Days• Integration Projects – Two to Eight Weeks *All days include time in transit and assume product is not on back order with the manufacturer. 1771 Energy Park Drive, Suite 100, St. Paul, MN 55108(612) 331-5500 | (800) 933-7337 | Fax (612) 331-3424www.tierney.com Quote #191794 9/24/2020 191794 1 of 1 Bill To Ship To Accounts PayableCity of Scandia14727 209th Street NorthScandia MN 55073 Memo:Optional 3yr Warranty Colleen FirkusCity of Scandia14727 209th St NScandia MN 55073 Expires Sales Rep Contract Terms 12/23/2020 592 Mike Chapley MNS-CPV 152129 Net 30 Qty Item MFG Price Ext. Price Cost Ext Cost Markup %Category Optional 3yr Warranty 1 Minnesota State Contract - Maintenance / Service (PRM 3 yr) Maintenance / Service; Optional Upgrade to Premium 3 Year Installation Warranty including preventative maintenance. $3,950.00 $3,950.00  Subtotal $3,950.00  Tax (0%)$0.00  Shipping Cost $0.00  Total $3,950.00 To accept this quotation, sign here : _________________________________________ Please reference this quote number on your purchase order. Please inspect product upon delivery. State of Minnesota Contract Return Policy will apply. Standard Times for Delivery from Receipt of PO*:• Stocked Product Equipment Only Sales – Three to Five Business Days• Non-Stocked Product Equipment Only Sales – Ten to 14 Business Days• Integration Projects – Two to Eight Weeks *All days include time in transit and assume product is not on back order with the manufacturer. City of Scandia - Cares AV upgrades 27306 Authorized Signature: Date: Plan Type: h. Existing Owner Furnished equipment. i. Lift and Scaffolding rental is not included. This maintenance contract refers to: I have read, understand and agree to the above terms and conditions per the plan elected. g. Damage resulting from unauthorized repair, software virus, improper electrical wiring and connections. Limitations of coverage The following items are excluded from coverage under the warranty: a. Equipment that has been removed or reinstalled in a different location b. Damage or other equipment failure due to causes beyond our control including, but not limited to, operator negligence, the failure to maintain the equipment according to the owner’s manual instructions, abuse, vandalism, theft, fire, flood, wind, freezing, power failure, inadequate power supply, acts of war or acts of God. c. Any utilization of equipment that is inconsistent with either the design of the equipment or the way the manufacturer intended the equipment to be used. d. One Year Onsite Warranty covers all hardware related failures, network or software related failures are not covered under Tierney's One Year Onsite Warranty. e. Operational or mechanical failure which is not reported prior to expiration of this contract. f. Equipment where the serial plate attached to the equipment is removed, defaced or made illegible. Tierney One Year On-Site Warranty Coverage Program Designed for: City of Scandia Terms and Conditions Tierney warrants the installation you have purchased from Tierney from defects in materials and workmanship, under normal use, during the One Year Warranty period. Normal use is defined as operating the system within its designed specifications. The warranty period commences on the date of customer signoff, at the completion of the install by Tierney. During the warranty period, Tierney will first work to resolve any problems by troubleshooting over the phone. If Tierney Support Specialists determine that the issue cannot be resolved over the phone, a Technician will be dispatched to your location(s) within 24 - 48 hours of the original call (Monday through Friday 8:00am – 5:00pm, excluding national holidays). If service is required after the One Year Warranty period has expired, the customer will be billed at Tierney current labor rates. If the customer has purchased a Tierney Extended Maintenance Agreement, that will commence at the end of the One Year Warranty. If you would like additional information regarding Tierney Extended Maintenance Agreements, please contact your Tierney Sales Representative at 612-331-5500. Obtaining Warranty Service To obtain warranty service, you must contact a Tierney Support Specialist at 612-331-5500 or by email at support@tierney.com. The model and serial number on failed equipment may be required when requesting warranty service (if applicable). The customer will be required to describe the nature of the failure, and may be required to perform other failure identification or isolation activities while working with the Support Specialist over the phone. An on- site visit will be performed only if it is deemed by Tierney Support Specialists that the issue can’t be resolved over the phone. City of Scandia City of Scandia - Cares AV upgrades 27306 Please Check the Quotes Intended for Purchase Order City of Scandia - Cares AV upgrades State Contract Total:94,440.21$ Non Contract Total:-$ Proposal Total:94,440.21$ Project Total:94,440.21$ Optional 2 Year Extension (3 years total) Premium Warranty Upgrade: Total:3,950.00$ Tierney Technology Now: Full Project Total With 3 Year Premium Warranty:98,390.21$ OR Monthly Payment Option (36 month term):2,885.00$ upon lease approval Proposal Summary *This rate is estimated and subject to change Tierney Intellectual Property Notice All information in this proposal; including but not limited to Equipment Lists, Drawings, Scopes of Work; is considered confidential, and the intellectual property of Tierney Inc. Tierney authorizes the Client notated on this quote to use the information provided for internal use only. This information is not authorized to be shared outside of the Client’s organization without written consent from Tierney. The information is considered confidential, and only to be used within the Client’s organization. If the Client would like to share this information outside of their organization, or for the purposes of soliciting additional bids on the work, Tierney reserves the right to refuse that request, and/or charge for the time and materials it has taken to complete the work before authorizing the release of the information. SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 PROJECT PROPOSAL C ONTENTS tierney.com BECOMING YOUR PARTNER WE DESIGN YOUR WORLD SIMPLE FACTS ABOUT US STEP BY STEP HELLO WE WOULD LOVE TO MEET PROJECTS TERMS & CONDITIONS ACCEPTANCE OF QUOTE MISSION OUR Provide our customers with the most suitable, reliable and advanced interactive solutions to inspire collaboration and improve performance. OUR OBJECTIVES BECOMING YOUR PARTNER 1 Ongoing Support Earn Your Trust Provide Solutions tierney.com Our goal is to be a trust partner, viewed as an experienced and valuable member of your team. IT'S WHAT WE ARE HERE FOR Our years of experience across all vertical markets has developed our insights into trends, best practices, and best in class solutions for your technology initiatives. WHY WORK WITH AN INTEGRATOR STRATEGY DESIGN INTEGRATION TECH SUPPORT tierney.com •Consultation with your team to determine vision •Establish your organizations design standards •Create a solution that is scalable and forward thinking •We employ industry certified design engineers •The design engineer is part of your team, working with your Account Executive •A solution based on your desired scope will be created using industry leading manufacturers and practices •Our teams of industry and state certified installers will ensure a professional installation •A dedicated project manager will be assigned to your project to oversee the implementation from start to finish •Upon completion of the project you will receive a full set of schematic drawings and any programming source code that was used •Tierney provides unrivaled support with our easy to access helpdesk •We utilize industry leading software to manage our service and support •Our dedicated service team is the largest in the market and maintains their industry certifications to enable quick resolution to any service needs We are driven by creating experiences that deliver results for your business, your employees, or your students. OUR SERVICES 2 WE DESIGN YOUR WORLD ... WITH BEST PRACTICES IN MIND INTEGRATION IS OUR PLAYGROUND Tierney’s vast years of experience designing technology solutions for every market has shaped our award winning design philosophy. We use industry leading manufacturers and design with the future in mind. We listen to your current needs and design a system that allows for growth to the next logical step in your users technology growth. We also design to keep the user experience consistent from room to room and location to location. tierney.com SHORT PRESENTATION O F OUR SERVICES And we can do more! We are driven by creating experiences that deliver results for your business, your employees, or your students. STRATEGY We are committed to developing and maintaining long-term partnerships with our customers and suppliers leading to solutions that are responsive to our customers’ needs SYSTEMS Tierney offers full systems installation and integration of all the products we offer. We have made it our goal to be the most qualified, full service integration team in the Midwest. AV SOLUTIONS Tierney offers full system design, installation and integration. TECH SUPPORT Service is a core value at Tierney. That’s why we do repairs in our service center rather than shipping them to the manufacturer. PROFESSIONAL DEVELOPMENT Ongoing professional development is key to successful tech integration. Our PD team has the resources and experience to support your schools. tierney.com As a true collaborative partner to you and your organization, we not only work hard to understand your needs but also to change with you and develop services that can help fill gaps with in your organization. MANUFACTURERS Tierney is committed to actively pursuing new products or services to best serve our customers. SIMPLE FACTS ABOUT US WE ARE FULLY CAPABLE OF HANDLING YOUR NEEDS WHY RECOMMEND US Whether we are designing a small huddle space in your local office, a classroom or learning environment, or designing your new corporate headquarters somewhere around the country, we have you covered. From sales and design to implementation and ongoing support, our team of 175+ professionals value your partnership and work diligently to maintain your trust. tierney.com OUR COMPANY IN NUMBERS 10,000 + 175 + RECENT AWARDS wonderful people working as a team successful projects completed 43 WINNER / 2017 & 2016 BEST A/V Company TCB Magazine WINNER / 2018 FAST 50 AWARD Twin Cities Business Journal AVIXA Certification AV Provider of Excellencebeautiful years of acheivements OUR APPROACH STEP BY STEP 4 FROM START TO FINISH, WE TAKE YOUR IDEAS AND TURN THEM INTO REALITY THE PROCESS WHAT IS IMPORTANT tierney.com Nobody knows your business better than you. You have goals and a vision, and our role is to listen, consult, and make that vision come to life. Tierney has over forty years experience to draw from in the technology space. We pride ourselves on our comprehensive approach to make sure that we have taken all of the "unknowns" into account. Budget Timeline How do you currently work vs. how you would like to work Reliability and ease of use NECESSARY STEPS TO PERFECTION This walk we will do together! PROJECT DEFINITIO N STRATEGY & STRUCTURE DESIGN ONSITE DEVELO PMENT TESTING LAUNCH tierney.com We will sit down with your stakeholders to consult and develop your strategic goals for your investment. We will listen and develop an appropriate technology plan to meet current needs while allowing for future growth. Tierney industry certified design engineers will research and build a solution to reliably achieve your project goals. Tierney project managers will work with you or your contractors to ensure the site is ready for installation and can support your newly integrated technology. Our installation professionals will build and test your system (many times this can be done in our production facility) to ensure a reliable performance. When the time is right to launch your new technology to your organization, Tierney will assist in training and providing materials to ease your staff into a more productive workplace. HELLO! 5 WE WOULD LOVE TO MEET THE TEAM For those of you that we have had the opportunity of working with in the past, THANK YOU for your partnership and trust in us. Our entire organization is grateful. For those of you that are new to Tierney and considering us as a technology partner moving forward, we appreciate the opportunity and invite you to come and meet our wonderful team. Our new offices are a working showroom of some of the latest technologies being installed today, from conferencing to digital communications, interactive to collaborative, and much more. The following page is a snapshot of “your team”, some of the folks that have been engaged on your project thus far. tierney.com THE BEST IN THEIR BRANCH You will be amazed MIKE CHAPLEY SALES COORDINATOR SEVILLA ANDERSON TECH SUPPORT KYLEEN DONAHUE DIGITAL SIGNAGE tierney.com SALES REP Industry certified with experience in technology consultation to help you navigate your technology initiative. Industry certified with three years of providing our clients ongoing support of any service, warranty, or preventative maintenance support they may need. Experienced SC providing a single point of contact for client communication in regards to purchase orders, invoices, deliveries, and project schedules. Industry certified with 17 years of technology experience relating to hardware, software, content creation, deployment, and consultation as needed for your digital communication. HOLLY GUST DARRICK KNUTSON ENGINEER Industry certified with 13 years of audio visual design experience. Providing highly reliable system designs with thoughtful functionality in mind. *A dedicated engineer will be assigned to your specific project JEFF SORENSON PROJECT MANAGER Industry certified with years of experience in site preparation, scheduling, communication, and change management. *A dedicated project manager will be assigned to your specific project PROJECTS 6 SOME OF OUR INSPIRED PROJECTS PROJECTS tierney.com Factory Motor Parts WHAT WE DID: FMP COMMISSIONED: 2018 Research | Design | Programming Research & Consultation Design Project Management Installation The FMP Partners Network is the independent service centers' connection to all the parts, tools and technology you need to take your shop to the next level. This program is designed exclusively for independent shops. SOME OF OUR INSPIRED PROJECTS Take a look at our recent work McNamara Alumni Center COMPANY INSTALLATION LINK: www.first -project.com Rihm Kenworth COMPANY INSTALLATION LINK: www.first -project.com Mall Of America COMPANY INSTALLATION LINK: www.first -project.com Magnet 360 COMPANY INSTALLATION LINK: www.first -project.com tierney.com Tierney helped Mall of America accomplish this goal by providing two NanoLumens NanoWrap hanging “Halo” signage displays in two separate atrium areas within the most recent addition to the space. Tierney partnered with the company to design and implement their Audio Visual systems, as well as a portion of their internal and external signs and graphics for both of their new buildings. In continued efforts to maintain it's level of bold and beautiful standards the McNamara center partnered with Tierney to install and upgrade the center's digital needs. Working alongside Salesforce for 14 years, Magnet360 has gained deep expertise across all Salesforce products, and uses the knowledge to ensure our customers extract the full potential out of the platform. 01 MAINTEN ANCE & SERVICES OPTIONS In case you want more. 02 03 Support Contracts •Customized Support Options •Access to Support Portal •Preventative Maintenance Check(s) •Dedicated Support Specialist •Next Day Onsite Support •Manufacturer Repair Assistance •Meeting Support Onsite Support Lifeline and Repair Service Contact your rep for a quote on added maintenance and service options. PRODUCT PROVISIONING SUPPORT PORTAL PHONE/EMAIL SUPPORT REPAIR SERVICES SUPPORT CONTRACTS CUSTOMER SATISFACTION (NPS) tierney.com •Six Trained Technicians available for onsite support •Ten Trained Installers •Standard and Emergency support available •Meeting Support •Preventative Maintenance Check(s) •Loaner Equipment •Unlimited Phone and Email Support •Six Trained Support Specialists •In House Warranty Evaluations •In House Repair Services •Product Provisioning •Programming Assistance 800.933.7337 www.tierney.com info@tierney.com 1771 Energy Park Dr. #100, St. Paul, MN 55108 TIERNEY TECHNOLOGY NOW GET THE RIGHT TECHNOLOGY SOLUTION NOW • Smarter Cash Flow with Op-Ex vs. Cap-Ex• Reduces Risk of depreciating asset• Streamline budgeting TECHNOLOGY LIFE CYCLE MANGEMENT WITH LESS RISK •3 year terms with flexible options (Return/Extend/Refresh)•Consistent path to upgrade without capital•Tierney ensures system reliability and functionality PREMIUM SOLUTION SUPPORT • Lifetime preventative maintenance to predict equipment failures before they happen• Lifetime on-site support for faster response time and less business interference•Lifetime phone/email support with dedicated technology expert•Complete access to Zendesk Support Portal for reporting and tracking support tickets Tierney Technology Now is designed to create the highest level of technology flexibility and protection. Our mission is to provide our customers with technology solutions that solve problems and create communication and collaboration environments that enhance productivity and learning. Technology changes fast and Tierney Technology Now ensures that your team is running at peak performance within a monthly operating budget. 7 TERMS & CONDITIONS BECAUSE TIME IS MONEY 1.Entire Agreement. These Terms and Conditions apply to the Sales Order (the “Order”) and shall constitute the entire agreement (the “Agreement” or “Terms and Conditions”) of Tierney (“Seller”) and Buyer with respect to the subject matter hereof. These Terms and Conditions are controlling and shall supersede any prior or contemporaneous agreements, understandings or representations, oral or written, relating to the subject matter hereof. These Terms and Conditions shall govern in the event of any conflict between these Terms and Conditions and any provision contained in any subsequent Sales Order or Purchase Order or otherwise, the terms of which, whether conflicting, supplemental or otherwise, are expressly rejected. 2.Shipment, Title and Risk of Loss. Unless otherwise agreed in writing, or pursuant to a Buy and Hold transaction, title and risk of loss pass from Seller to Buyer upon receipt of shipment from Seller. Seller is responsible for damage that occurs during shipment to the customer (FOB Destination), unless the customer has arranged the shipping contract with their own provider. If the buyer has arranged their own shipping method, the buyer would assume responsibility and ownership of the goods once the shipment is picked up at the Sellers location (FOB Origin). Unless otherwise agreed in writing, the method of shipment will be at Seller's discretion. Any delivery or shipment date is an estimate only. 3.Payment. For accounts where credit has been established, terms are net 30 days following the date of invoice. Amounts not paid in full within 30 days of date of invoice will be subject to a service charge of 1% per month on the unpaid balance to be included on each month's statement until paid in full. Payment options are EFT or check. 4.Taxes and Other Charges. In addition to any price provided in this Agreement, Buyer shall be liable for any tax, fee or other charge imposed on Seller at any time upon the sale and/or shipment of the products sold hereunder, now imposed by federal, state, municipal or any other governmental authorities or hereafter becoming effective for or during the period hereof. 5.Cancellation or Default by Buyer. This Order may not be cancelled in whole or in part by Buyer except with Seller's written consent. If at any time, in Seller's opinion, Buyer's credit is impaired, or if Buyer shall fail to pay to Seller any amount when due, under this or any other agreement, or if at any time Buyer shall indicate an intention to refuse to perform its obligation hereunder, Seller may at its option terminate this Agreement with respect to further shipments and all obligations of Buyer with respect to shipments previously made shall become immediately due and payable. In the event of such termination, Buyer shall remain liable to Seller for any and all loss or damage sustained due to Buyer’s default. The Buyer's Liability, at the time of cancellation would be greater than or equal to 10%of the total of the order. 6.Customized Goods. In the event that the Order is for customized products or specially manufactured goods, or for products that Buyer customizes after receipt of the products, the Tierney Customized Product Sales Form shall be completed, attached hereto, and incorporated into these Terms and Conditions. 7.Bill and Hold Transaction. In the event Buyer has requested that Seller bill and hold the products pursuant to the Order, the Tierney Bill and Hold Agreement shall be completed, attached hereto, and incorporated into these Terms and Conditions. 8.Force Majeure. Seller shall not be liable for any loss, damage, delays, changes in shipment schedules or failure to deliver caused by any event beyond its reasonable control, including, without limitation, accident, fire, actual or threatened strike or riot, explosion, mechanical breakdown (including technological or information systems), plant shutdown, unavailability of or interference with necessary transportation, any raw material or power shortage, compliance with any law, regulation or order, acts of God or public enemy, prior orders from others, or limitations on Seller's or its suppliers’ products or marketing activities or any other cause or contingency beyond Seller's control. 6. Customized Goods. In the event that the Order is for customized products or specially manufactured goods, or for products that Buyer customizes after receipt of the products, the Tierney Brothers, Inc. Customized Product Sales Form shall be completed, attached hereto, and incorporated into these Terms and Conditions. 7. Bill and Hold Transaction. In the event Buyer has requested that Seller bill and hold the products pursuant to the Order, the Tierney Brothers, Inc. Bill and Hold Agreement shall be completed, attached hereto, and incorporated into these Terms and Conditions. 8. Force Majeure. Seller shall not be liable for any loss, damage, delays, changes in shipment schedules or failure to deliver caused by any event beyond its reasonable control, including, without limitation, accident, fire, actual or threatened strike or riot, explosion, mechanical breakdown (including technological or information systems), plant shutdown, unavailability of or interference with necessary transportation, any raw material or power shortage, compliance with any law, regulation or order, acts of God or public enemy, prior orders from others, or limitations on Seller's or its suppliers’ products or marketing activities or any other cause or contingency beyond Seller's control. 9. Limitation on Warranty and Remedies. Seller warrants those products manufactured by it against defects caused solely by faulty assembly for 30 days after delivery. All other products, and the components and materials utilized in any assembled or customized products, are covered by, and subject to, the terms, conditions and limitations of the manufacturer's standard warranty, which warranty is expressly in lieu of any other warranty, express or implied, of or by Tierney Brothers or the manufacturer. Buyer's exclusive remedy, if any, under these warranties is limited, at Tierney Brothers’ election, to any one of (a) refund of Buyer’s purchase price or (b) replacement of any such product. Buyer acknowledges that except as specifically set forth or referenced in this paragraph, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (INLCUDING, WITHOUT LIMITATION, IN ADVERTISING MATERIALS, BROCHURES, OR OTHER DESCRIPTIVE LITERATURE) BY SELLER OR ANY OTHER PERSON, EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS, THEIR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. SELLER ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR MANUFACTURER'S PRODUCT SPECIFICATIONS OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO SELLER BY OR ON BEHALF OF BUYER. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. SELLER SHALL UNDER NO CIRCUMSTANCES, WHETHER FOR A FAILURE OF ITS LIMITED REMEDY OR OTHERWISE, BE LIABLE TO BUYER OR OTHERWISE FOR SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES. 10. Software License. Title to any software installed with the products sold to Buyer remains with the applicable licensor(s). All software is subject to the applicable license agreement that is included with the products. Buyer agrees to be bound by the license agreement once the software is opened, the package is opened or its seal is broken. Warranty for any software shall be in accordance with the license agreement. Seller does not warrant any software under this Agreement. 11. Limitation of Actions. Products are deemed accepted by Buyer unless Buyer notifies Seller in writing within 10 days after receipt of products, if for quantity, or within 30 days after receipt of products, if for quality, loss of or damage to products, and the products must be held available at Buyer’s place of business for Seller’s inspection. Any action for breach of this Agreement, other than for non-payment, must be commenced within one year of the date of shipment, or due date of delivery in the event of non-delivery, of the particular shipment upon which such claim is based. No claim may in any event be made after products have in any way been used or processed by the Buyer. Buyer’s remedies set forth herein are exclusive and the total liability of Seller for damages with respect to this Agreement, or anything done in connection therewith, shall be limited to the purchase price of the particular shipment with respect to which such damages are claimed. 12. Returns. No products may be returned to Seller without Seller's written consent. Products returned without Seller's prior written consent will be refused. 13. Indemnification. Buyer shall indemnify and hold Seller harmless from and against any and all claims, actions, suits, proceedings, costs, demands, damages and liabilities of any nature, relating to or in any way arising out of the delivery, rejection, installation, possession, use, operation, control or disposition of the products purchased by Buyer. 14. Governing Law. This Agreement shall be exclusively governed by and construed in accordance with the internal laws of the state of Minnesota. 15. Amendment. This Agreement shall not be amended except by a writing signed by an officer of the Seller and specifically stating that it is an amendment. 16. Venue. Any suit, action or proceeding with respect to this Agreement must be brought exclusively in the courts of the State of Minnesota or in United States courts located in the State of Minnesota, as either party may elect, and Buyer hereby submits to the jurisdiction of such courts for the purpose of any suit, action or proceeding. Buyer irrevocably waives any objections which it may now or hereinafter have to the venue of any suit, action or proceeding arising out of or relating to this Agreement in the courts located in the State of Minnesota and irrevocably waives any claim that any suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 17. Timeframe for Delivery of Professional Development Services (Training). Tierney shall deliver any professional development services to the buyer within 12 months after placement of sales order. Tierney shall no longer be liable to provide professional development services after 12 months. Tierney will consider any contract to deliver professional development services fulfilled on the date 12 months after placement of sales order. tierney.com tierney.com 9.Limitation on Warranty and Remedies. Seller warrants those products manufactured by it against defects caused solely by faulty assembly for 30 days after delivery. All other products, and the components and materials utilized in any assembled or customized products, are covered by, and subject to, the terms, conditions and limitations of the manufacturer's standard warranty, which warranty is expressly in lieu of any other warranty, express or implied, of or by Tierney or the manufacturer. Buyer's exclusive remedy, if any, under these warranties is limited, at Tierney's election, to any one of (a) refund of Buyer’s purchase price or (b) replacement of any such product. Buyer acknowledges that except as specifically set forth or referenced in this paragraph, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (INLCUDING, WITHOUT LIMITATION, IN ADVERTISING MATERIALS, BROCHURES, OR OTHER DESCRIPTIVE LITERATURE) BY SELLER OR ANY OTHER PERSON, EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS, THEIR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. SELLER ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR MANUFACTURER'S PRODUCT SPECIFICATIONS OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO SELLER BY OR ON BEHALF OF BUYER. NO WAIVER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. SELLER SHALL UNDER NO CIRCUMSTANCES, WHETHER FOR A FAILURE OF ITS LIMITED REMEDY OR OTHERWISE, BE LIABLE TO BUYER OR OTHERWISE FOR SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES. 10.Software License. Title to any software installed with the products sold to Buyer remains with the applicable licensor(s). All software is subject to the applicable license agreement that is included with the products. Buyer agrees to be bound by the license agreement once the software is opened, the package is opened or its seal is broken. Warranty for any software shall be in accordance with the license agreement. Seller does not warrant any software under this Agreement. 11.Limitation of Actions. Products are deemed accepted by Buyer unless Buyer notifies Seller in writing within 10 days after receipt of products, if for quantity, or within 30 days after receipt of products, if for quality, loss of or damage to products, and the products must be held available at Buyer’s place of business for Seller’s inspection. Any action for breach of this Agreement, other than for non-payment, must be commenced within one year of the date of shipment, or due date of delivery in the event of non-delivery, of the particular shipment upon which such claim is based. No claim may in any event be made after products have in any way been used or processed by the Buyer. Buyer’s remedies set forth herein are exclusive and the total liability of Seller for damages with respect to this Agreement, or anything done in connection therewith, shall be limited to the purchase price of the particular shipment with respect to which such damages are claimed. 12.Returns. No products may be returned to Seller without Seller's written consent. Products returned without Seller's prior written consent will be refused. 13.Indemnification. Buyer shall indemnify and hold Seller harmless from and against any and all claims, actions, suits, proceedings, costs, demands, damages and liabilities of any nature, relating to or in any way arising out of the delivery, rejection, installation, possession, use, operation, control or disposition of the products purchased by Buyer. 14.Governing Law. This Agreement shall be exclusively governed by and construed in accordance with the internal laws of the state of Minnesota. 15.Amendment. This Agreement shall not be amended except by a writing signed by an officer of the Seller and specifically stating that it is an amendment. 16.Venue. Any suit, action or proceeding with respect to this Agreement must be brought exclusively in the courts of the State of Minnesota or in United States courts located in the State of Minnesota, as either party may elect, and Buyer hereby submits to the jurisdiction of such courts for the purpose of any suit, action or proceeding. Buyer irrevocably waives any objections which it may now or hereinafter have to the venue of any suit, action or proceeding arising out of or relating to this Agreement in the courts located in the State of Minnesota and irrevocably waives any claim that any suit, action or proceeding brought in any such court has been brought in an inconvenient forum. 17.Timeframe for Delivery of Professional Development Services (Training). Tierney shall deliver any professional development services to the buyer within 12 months after placement of sales order. Tierney shall no longer be liable to provide professional development services after 12 months. Tierney will consider any contract to deliver professional development services fulfilled on the date 12 months after placement of sales order. 1771 Energy Park Dr., Suite 100 St. Paul, MN 55108 800.933.7337 info@tierney.com www.tierney.com THANK YOU FOR YOUR BUSINESS